1. Information About Us
1.1 Loaves, Inc. is a California benefit corporation (“Loaves”, “we”, “us”, or “our”). We operate the website http://loav.es and sell Meal Subscriptions.
This page (together with the documents referenced below) tells you the terms and conditions upon which we will sell you subscription plans for our meal ingredients (each, a “Meal Subscription”) listed on our website, http://loav.es (“Site”) (the “Terms”). Please read these Terms carefully before ordering any Meal Subscriptions from our Site.
You should understand that by ordering any of our Meal Subscriptions, you agree to be bound by these terms and conditions.
1.1 Loaves, Inc. is a California benefit corporation (“Loaves”, “we”, “us”, or “our”). We operate the website http://loav.es and sell Meal Subscriptions.
2.1 Our Meal Subscriptions are only intended for sale and use by customers who can pickup their Orders at our Pickup Locations, which are listed on our Site here (“Pickup Locations”).
By placing an order through our Site, you warrant that:
4.1.2 Meal Selection. Please select your menu items for each week’s Order (as defined in Section 4.2.1 below) on our Site (“Menu Selection”) by 11:59 P.M. PST of the Wednesday prior to the day you pickup your Order (“Menu Selection Day”). If you do not to make your Menu Selection by the Menu Selection Day, you will be nevertheless be billed for an Order and the amount of the Order will be credited towards your next Order. If you do you not make your Menu Selection by the Menu Selection Day for continuous two weeks, we will continue to bill for Orders, as set forth in Section 4.1.3. The Orders will be subjected to our discretionary refund policy, as set forth in Section 4.7.1. If you anticipate missing one week or more, we suggest that you pause your Meal Subscription according to Section 4.1.4 below.
4.1.3 Continuous Subscriptions. WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) LOAVES 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, AND (B) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
4.1.4 Pausing Subscriptions. YOU MAY PAUSE YOUR WEEKLY ORDER SO LONG AS YOU NOTIFY US BY EMAIL AT firstname.lastname@example.org OR VIA THE “CONTACT US” PAGE ON THE SITE BEFORE MENU SELECTION DAY. TO RESUME YOUR MEAL SUBSCRIPTION, PLEASE NOTIFY US BY EMAIL AT email@example.com OR VIA THE “CONTACT US” PAGE ON THE SITE BEFORE THE MENU SELECTION DAY OF THE WEEK PRIOR TO WEEK YOU WOULD LIKE TO RESUME YOUR MEAL SUBSCRIPTION.
4.1.5 Cancellation Policy. IN ORDER TO CANCEL YOUR MEAL SUBSCRIPTION, YOU MUST NOTIFY US BY EMAIL AT firstname.lastname@example.org OR VIA THE “CONTACT US” PAGE ON THE SITE. ANY MENU SELECTION YOU SUBMIT TO LOAVES CANNOT BE CANCELLED AFTER MENU SELECTION DAY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR MEAL SUBSCRIPTION.
4.1.6 Loaves reserves the right at our absolute discretion not to renew your Meal Subscription or cancel your Order at any time without giving any reasons for our decision.
4.1.7 In the event you cancel your Meal Subscription, please note that we may still send you promotional communications about Loaves, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
4.2.1 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 the week’s Meal Subscription (including any applicable taxes and other charges) (each, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled, as set forth in Section 4.1.6. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, please notify us by email at email@example.com or via the “Contact Us” page on the Site.
4.2.2 You acknowledge that the amount billed may vary due to promotional offers, changes to your Meal Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
4.3.1 Your Order will be available for pickup at your selected Pickup Location during the times designated on our Site (“Pickup Window”).
4.3.2 You are responsible for picking up your weekly Order. You may designate another person (“Designee”) to pickup your Order by providing us with the name and telephone number of the Designee picking up your Order 24 hours before your selected Pickup Window. Please provide us information about the Designee by email at firstname.lastname@example.org or via the “Contact Us” page on the Site.
4.3.3 If you cannot pickup your Order during your Pickup Window, please notify us by email at email@example.com or via the “Contact Us” page on the Site, and Loaves will try to schedule a new Pickup Window for you to pickup your Order. We need at least 24 hours of advance notice. We cannot guarantee that we can accommodate your requested change.
4.3.4 If you or your Designee do not pickup your Order during your selected Pickup Window, you nevertheless will be charged for the Order, and Loaves will not refund or credit the amount of the Order back to you.
4.3.5 You are responsible for inspecting all meal ingredients (“Ingredients”) you receive from us in your Order for any damage or other issues upon pickup. In addition, you are solely responsible for determining the freshness of the Ingredients you receive. You should always inspect your Order to confirm that the Ingredients are kept in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood Ingredients is located is 40° F or below. In the unlikely event that such temperature zone is above 40° F, or you have any other reason to believe that any other Ingredients in your Order is not suitable for consumption, contact us at firstname.lastname@example.org and discard the item. To maintain the quality and integrity of the Ingredients, we recommend that you immediately refrigerate all perishable Ingredients upon pickup and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Ingredients are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Ingredients following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood 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.
4.3.6 In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order to the Pickup Location during the Pickup Window, we will cancel your Order and issue you a credit for the amount of Order. You can apply the credit to your subsequent Orders.
4.3.7 You own your Order and all Ingredients in your Order upon pickup of the Order and you assume all risks associated with the Ingredients in your Order upon pickup of the Order.
4.4.1 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; provided, however, that if we change the amounts or other charges associated with your Meal Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. Your pickup of your Order confirms your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in Section 5.1.5, as applicable.
4.4.2 All of our Ingredients 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 Ingredients and to substitute Ingredients (including, but not limited to, specific meal ingredients or entire meals) without prior notice. Given the perishable nature of certain Ingredients 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 notify us by email at email@example.com or via the “Contact Us” page on the Site.
4.5.1 We will collect applicable sales taxes on your Order. If an Order is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted, as several factors may cause variances in sales tax, including different assessments by processor programs and changes in tax rates.
4.6.1 You are not permitted to resell or otherwise use the Ingredients for commercial purposes.
4.7.1 LOAVES DOES NOT GUARANTEE THE REFUND OF ORDERS. WE RESERVE THE RIGHT TO GRANT REFUNDS AT OUR DISCRETION. LOAVES DOES NOT REFUND ORDERS TO CUSTOMERS WHO DO NOT PICKUP THEIR ORDERS DURING THEIR PICKUP WINDOW. IF YOU ARE DISSATISFIED WITH YOUR ORDER, PLEASE NOTIFY US BY EMAIL AT firstname.lastname@example.org OR VIA THE “CONTACT US” PAGE ON THE SITE.
5.1 YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE INGREDIENTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE INGREDIENTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH INGREDIENTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE INGREDIENTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN INGREDIENTS.
5.2 WE ATTEMPT TO DISPLAY THE INGREDIENTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE INGREDIENTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE INGREDIENTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF INGREDIENTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT INGREDIENTS THAT ARE NOT AVAILABLE AT EVERY DELIVERY LOCATION. A REFERENCE TO AN INGREDIENT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE AT THE TIME OF YOUR ORDER.
5.3 EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF AN INGREDIENT, ALL INGREDIENTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOAVES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT, AND INGREDIENTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITE, ORDER, AND INGREDIENTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
5.4 We reserve the right to change any and all content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and Meal Subscriptions at any time without notice and without obligation or liability to you. Reference to any ingredients, products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
6.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOAVES OR ANY OF THE OTHER LOAVES PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY INGREDIENT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM LOAVES, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LOAVES’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LOAVES AND THE OTHER LOAVES PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF INGREDIENTS PURCHASED FROM LOAVES EXCEED THE AMOUNT PAID FOR SUCH INGREDIENTS; AND (B) THE ORDER, RECEIPT OR USE OF INGREDIENTS, OR ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE LOAVES AND THE OTHER LOAVES PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
6.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE LOAVES AND THE OTHER LOAVES PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH LOAVES PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6.3 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
7.1 We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
7.2 You may print off one copy, and may download extracts, of any pages from our Site for your personal reference. You may also share meal recipes that are distributed with your Order for non-commercial purposes. You must not use any part of our copyright materials or our meal recipes for commercial purposes without first obtaining a license to do so from us and our licensors.
7.3 If you post comments on the Meal Subscriptions or Ingredients to any website, blog or social media network (“Commentary”) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to Meal Subscriptions you irrevocably authorize us to quote from your Commentary on our Site and in any advertising or social media outlets that we may create or contribute to.
8.1 The Terms between you and us is binding on you and us and on our respective successors and assignees.
8.2 You may not transfer, assign, charge or otherwise dispose of the Terms, or any of your rights or obligations arising under it, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Terms or your Order, or any of our rights or obligations arising under it, at any time.
9.1 If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
10.1 The Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Orders.
11.1 Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use Orders, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
12.1 Loaves further reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site or order, receive or use Orders, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use Orders. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use Orders.
13.1 These Terms, your access to and use of the Site and your order, receipt and use of Orders shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California.
14.1 No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Loaves’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.