THESE TERMS AND CONDITIONS (“TERMS”) OF NEW STAND CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THE SITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE, ORDER, OR OBTAIN PRODUCTS OR SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE, APPS OR ANY OF THEIR CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the use, purchase and sale of the Company’s products (the “Products”) and services (“Services”) through https://www.newstand.com/ and through any mobile, desktop, or device applications (including iOS and Android applications (each an “App” and together the “Apps”)) (collectively, the "Site"), in addition to any other terms and conditions that may be applicable to any such transaction as provided in the Site or other agreement between you and New Stand, its affiliates, subsidiaries, successors, or assigns (collectively referred to as “Company”, "us", "we", or "our" as the context may require). These Terms are subject to change by the Company without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before using or purchasing any Products or Services that are available through the Site. Your continued use of the Site, Products, or Services after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Certain content is intended for informational purposes only.
Prior to using the Products or Services, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal disclaimers, which we further explain throughout these Terms. In other words, your use of the Products and Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Products and Services or your access and use of the Products and Services. If you have any questions or concerns regarding the terms or conditions herein, please email us at firstname.lastname@example.org.
- Use of the Site and the App
You may use the Site and the App only for your own noncommercial personal use and in compliance with these Terms. By using the Site or App, you represent and warrant that you (i) are located inside the United States, or (ii) are located outside the EU or EEA and agree to be bound by U.S. laws. The Site and App are intended for users situated in the United States. We currently do not offer goods and services to the EU or EEA.
Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, the Company grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. Any other use is strictly prohibited. You may not use the Services in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Services may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Services or the Site for any purpose unless expressly authorized by the Company. We may, in our sole discretion, refuse to offer the Services to any person or entity, or change the eligibility criteria at any time. This license will remain in effect unless you violate these Terms, or this license is terminated by you or the Company. You agree not to copy, reproduce, redistribute, sell, transfer, create derivative works from, modify, decompile, reverse engineer, or disassemble any Service. If the Company terminates your Account because you have breached the Terms, you may not be entitled to a refund of any Products or Services, unless otherwise required by law. The Company reserves the right to discontinue any aspect of the Site at any time. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Services.
We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and the App and to change, suspend or discontinue any aspect of the Site and the App and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site and the App or restrict your access to part, or all, of the Site and the App without notice or penalty. Your continued use of the Site and the App will constitute your acceptance of any such changes.
You are responsible for your own communications, including the transmission, uploading or posting of information to the Site or the App and are responsible for the consequences of such communications. Any other use of the Site or the App requires the prior written consent of New Stand. You may not otherwise copy, modify, or distribute the contents of this Site or the App without the prior written consent of New Stand. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site or the App, in whole or in part. We require all Members (as defined below in section 4 of these Terms) to agree not to use the Site or the App, and specifically prohibit any use of the Site or the App, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site, the App’s or New Stand’s network security, or attempting to use the Site or the App’s service to gain unauthorized access to any other computer system; and
- Using the Site or the App to drop ship merchandise to third parties.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site or the App. Further, you may not use any such automated means to manipulate the Site and the App, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site and the App or any other user's use of the Site and the App, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Site or the App, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site or the App within another web site. You may not resell use of, or access to, the Site or the App to any third party without the prior written consent of New Stand.
- Your Account, Registration, and Passwords
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You may delete your Account at any time. We reserve the right, but are under no obligation to, to delete an Account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. The Company may suspend, disable or delete your Account (or any part thereof) or block or remove any information or content you submitted if the Company determines that you have violated any provision of these Terms or that your conduct or content would tend to damage the Company’s reputation or goodwill. If the Company deletes your Account or any information or content you have submitted for the foregoing reasons, you may not re-register for the Services. The Company may block your email address and Internet protocol address to prevent further registration and/or submission of information and content. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied. Upon termination, all licenses granted by the Company will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. The Company shall not be responsible for the loss of such information or content.
- Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site or the App, including with respect to ordering, shipping and return policies, membership reward programs and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
- Site and App Not for Minors
- Fraud Protection
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order, or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
- Sale of Products, Order, and Acceptance.
You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. Availability of Products and Services cannot be guaranteed. Products, Services, and other information provided are subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. All orders must be accepted by us or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email.
- Receipt of the Materials
You may engage with third parties to receive specific materials to refrigerate perishable items. Please note that you are responsible for reviewing the meals upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Products are delivered, the Products will be left at your door or in a common area. Any individual at the delivery address who accepts a delivery from Company 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. Upon the completion of your review of the Products, we recommend that you place all perishables in your refrigerator to ensure the ingredients’ integrity. We also recommend that you follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, as well as the USDA’s instructions on safe food handling. In addition, pregnant women, young children, and 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. The risk of loss and/or damage passes to you at the time of delivery. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any storage of the contents of any Products.
- Transactions, Prices, and Payment Terms.
If you wish to purchase any product or service made available through the Site or the App (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to New Stand the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All prices posted on the Site and/or Services are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases or decreases will only apply to orders placed after such changes. Price decreases for active subscriptions may occur with notice to existing subscribers. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site and the App are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site and the App does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site and the App. By placing an order, you represent that the products ordered will be used only in a lawful manner. New Stand reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service.
You agree that by placing an order on the Site or the App, you are entering into a binding contract with New Stand and agree to pay all charges that may be incurred by you or on your behalf through the Site and the App, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. Terms of payment are within our sole discretion and, unless otherwise agreed by us at the time of purchase, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the debit or credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such debit or credit card for the purchase, (iii) charges incurred by you will be honored by your debit or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- The Purchase Order Contract Between You And Us
New Stand may offer various types of purchase options for its gift boxes:
“On-Demand” orders which include one (1) gift box per employee. A minimum of five (5) gift boxes are required for all On-Demand orders. All On-Demand orders are payable at the time of purchase and billed on the checkout page of the Site. All On-Demand orders are final and non-refundable at the time purchase;
“Annual Subscription” orders which include a total of four (4) gift boxes per employee, to be delivered in quarterly installments. A minimum of five (5) employee subscriptions are required for all Annual Subscription orders. All Annual Subscription orders are billed annually All Annual Subscription orders final and non-refundable at the time purchase; and
“Sample” orders which include a total of three (3) gift boxes. All Sample orders are payable at the time of purchase and billed on the checkout page of the Site. All Sample orders are final and non-refundable at the time purchase (the On-Demand, Annual Subscription, and Sample orders collectively referred to as the “Purchase Orders.”
SHIPPING AND FULFILLMENT
Timely delivery shall be subject to any and all applicable product fulfillment and shipping delays which may occur from time to time. We use reputable shipping carriers, and shipping charges are based on the selected method and destination. Order processing time may vary, and we will inform you of any significant delays. Modifications may be possible before shipping at the sole discretion of the Company. Failed delivery attempts may incur additional charges. In the event of damaged or lost shipments, you must notify us immediately.
Cancellation Policy For Annual Subscription Renewals
All Annual Subscription orders final and non-refundable at the time purchase. To cancel your Annual Subscription so that you do not receive further deliveries at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at email@example.com and we will do it for you. In the event that you cancel your Annual Subscription, you acknowledge and agree that you are forfeiting the remaining products that may be schedule for delivery under the Annual Subscription and you will not receive any delivery or compensation for those products.
REDEMPTION, EXPIRATION, AND FORFEITURE
All products to be received under an Annual Subscriptions must be redeemed by the purchaser within ten (10) business days of the date the product is scheduled to be delivered. The purchaser acknowledges and agrees that its failure to redeem the products under the purchaser’s Annual Subscription within this timeframe will result in the expiration of the products delivery and no refund or credit will be provided to the purchaser. New Stand will send you a redemption notification each quarter prompting you to redeem the subscribed product. In the event that you fail to redeem the subscribed product, all products purchased will be delivered according to the quarterly delivery schedule. In the event that you delete your account, you acknowledge and agree that you are forfeiting the remaining products that may be schedule for delivery under the Annual Subscription and you will not receive any delivery or compensation for those products.
CHANGES TO THE PRICE AND TO NEW STAND PURCHASE ORDERS
We reserve the right to adjust pricing for our service, or any components thereof, in any manner and at any time as we may determine in our sole and absolute discretion. All orders for products placed through our Site or App are subject to availability. We reserve the right to cancel any order for any reason or no reason. Furthermore, we expressly reserve the unilateral right, at our sole discretion, to substitute products based upon inventory constraints, provided such substitute product is of a reasonably equivalent value and quality, as determined in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your New Stand Purchase Orders will take effect following notice to you.10. Product Information; Limitation on Quantities
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site or the App will be available.
- Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) The Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company-generated content and content developed by or for the Company is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, the Company owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Site.
(b) All uses on the Site or the Services of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license for the Services. Each Service marketed on the Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions contained herein.
(c) The Company, its licensors, successors and assigns are and will remain the sole and exclusive owners of all intellectual property rights in and to the Content and each Product and Service made available on the Site and the Services and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services made available through the Site, or of any intellectual property rights relating to those Products or Services.
(d) The New Stand name, logos and affiliated applications and technologies are the exclusive property of the Company. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. The Company owns and retains all proprietary rights in the Site and the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
- Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and the App are the property of New Stand or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Site and the App for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site and the App in breach of the Terms, your right to use the Site and the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
New Stand and the New Stand logo are registered trademarks. All other trademarks names, product, services names, designs, and slogan are the property of their respective owners. All of our Site's and the App's content is copyrighted by New Stand. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site or the App. All rights not granted under these Terms are reserved by New Stand.
If you submit an unsolicited idea to us via the Site, App or otherwise, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for New Stand to utilize your idea, you hereby grant New Stand an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Third Party Content
The Site may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, including privacy and data gathering practices. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve and release the Company from any and all liability arising from your use of any third-party website.
Under no circumstances will New Stand be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Site or the App or endorse any opinions expressed therein.
- General Disclaimers
THE SERVICES AND PRODUCTS ARE CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO INFORMATION PROVIDED IN CONNECTION WITH ANY SERVICES OR PRODUCTS WITH RESPECT TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
You assume all responsibility and risk with respect to your use of the Site or the App. THE SITE, THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR THE APP OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, NEW STAND DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE OR THE APP IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE APP OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
New Stand makes no warranties of any kind regarding any non-New Stand sites to which you may be directed or hyperlinked from this Site or the App. Hyperlinks are included solely for your convenience, and New Stand makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-New Stand sites. New Stand does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site or the App.
NEW STAND DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
- Customer Representations and Warranties
By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site or the App. Use of the Site or the App is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
This Site and the App may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by New Stand are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of New Stand. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We provide the Services without warranty on an “AS IS” and “AS AVAILABLE” basis. You therefore use the Services at your own risk.
The Company provides no warranty regarding shelf life or food safety related to any food or beverage products created through use of its Products. It is Customer’s responsibility to ensure food safety and comply with all applicable laws and regulations concerning food safety. The Company is not responsible for any damage or loss, medically or otherwise, resulting from Company's Products or Customer’s ingestion of the Products (including, without limitation, any recipes or guidelines).
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, SERVICES AND THE SITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE OR its CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE COMPANY SITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE.
We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, The Company makes no representations or warranties: that the Products or Services, or any particular fitness or weight-loss program is suitable for you; regarding the adequacy or safety of the Services for any particular user; that the Products or Services will meet your personal needs; that the Products or Services will be permitted in your jurisdiction; that the Services will be uninterrupted or error-free; Concerning any content submitted by any member; concerning any third party's use of content that you submit; that the Company will continue to support any particular feature of any Services; or Concerning sites and resources outside of the Services, even if linked to/from the Services.
The Company reserves the right to modify the Services. The Company shall not be responsible for providing access (e.g., computer, mobile device, Internet connection, etc.) to the Services. The Company has no obligation to screen or monitor any content and does not guarantee that any content made available on the Services complies with these Terms or is suitable for all users. The Company shall not be responsible for loss or corruption of data, and you hereby waive all claims with respect to damage to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view The Company content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in these Terms. To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable.
You agree to indemnify, hold harmless, and defend New Stand, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, obligations, losses, costs, or debt and expenses of defense, including but not limited to attorneys’ fees, in any way arising from or related to your use of the Site, the App, your Account, or the Services, your violation of these Terms, or any other terms, instructions, directions, agreements, or defamatory or infringing content posted to the Site or the App by you, or your violation of any law or the rights of a third party. This defense and indemnification obligation will survive these Terms and your use of the Site, the App, your Account, or the Services.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NEW STAND, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE APP BE LIABLE TO ANY USER OF THE SITE OR THE APP OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE APP, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF NEW STAND HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF NEW STAND, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE APP TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO NEW STAND IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. THE COMPANY DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL OR FITNESS ADVICE CONSTITUTES QUALIFIED EXPERT ADVICE. YOU SHOULD ALWAYS SEEK EXPERT PROFESSIONAL ADVICE IN NUTRITIONAL AND HEALTH MATTERS, AND SHOULD NOT RELY ON ANY OPINIONS EXPRESSED THROUGH THE SERVICES AS EXPERT OPINIONS OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Goods Not for Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Products and Services purchased from the Company may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, and their successor and supplemental regulations (collectively, "Export Regulations"). You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of any Products, the Services or content therein.
- International Use
We control and operate the Site and the App from the United States. We provide this Site and App for use only persons located in the United States. We make no representation that materials on the Site or the App are appropriate or available for use outside the United States. If you choose to access this Site or the App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Shipments; Delivery; Title, and Risk of Loss
Any merchandise purchased from our Site or the App will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- Copyright Infringement; Notice and Take Down Procedures
New Stand specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site or the App infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. New Stand will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifice of claimed copyright infringement should be sent to the following address:
306 Bowery New York, NY 10012 Attention: DMCA Agent Email: firstname.lastname@example.org
To be effective, the notifice must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notifice, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Waiver; Remedies
The failure of New Stand to partially or fully exercise any rights or the waiver of New Stand of any breach of these Terms by you shall not prevent a subsequent exercise of such right by New Stand or be deemed a waiver by New Stand of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of New Stand under these Terms and any other applicable agreement between you and New Stand shall be cumulative, and the exercise of any such right or remedy shall not limit New Stand’s right to exercise any other right or remedy.
- Force Majeure.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, epidemic, pandemic, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication or internet breakdown or power outage.
- Governing Law, Venue and Jurisdiction.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODUCTS OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED TO THE EXTENT PERMITTED BY LAW.
- Notice to U.S. Government End Users.
Any applications installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
- Arbitration Agreement; Class Waiver; Jury Waiver.
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Any dispute relating in any way to your visit to, or use of, the Site or the App, to the products you purchase through the Site or the App (including a subscription), or to your relationship to New Stand ("Claims") shall be exclusively submitted to confidential and binding arbitration in New York, New York, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and New Stand agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association Website: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator's award is final and binding on the parties.
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND NEW STAND HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The Company may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
- No Waivers.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
- No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to New Stand at 306 Bowery New York, NY 10012. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- Entire Agreement.
- Written Document.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
- Intended for Use in the United State Only.
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Changes of the Site
We may update the content on the Site and the App from time to time. In addition, New Stand reserves the right to revise these Terms at any time by updating this posting; provided any material modifications will only be applied prospectively. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You are encouraged to review these Terms each time you use the Site or the App and prior to purchasing any product or service that are available through this Site or the App. Your continued use of the Site or the App after the posting of changes will constitute your acceptance of and agreement with such changes.
- Your Feedback
This Site and the App are operated by New Stand. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to email@example.com.