Welcome to Imperfect Foods, SPC and our Terms of Use (these “Terms”). Please read these terms carefully. 
 
By using the service provided by Imperfect Foods, SPC (collectively, “Imperfect” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference.
 
Imperfect 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 updating the “Last Updated” date at the end of these Terms. By continuing to access or use the Sites or order, receive or use Products, 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 Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
 
By creating an Imperfect account, you also consent to receive electronic communications from Imperfect (e.g., via email). These communications may include notices about your account (i.e. an email to customize your box each week) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

 

SECTION 2 – PAYMENT AND BILLING INFORMATION

 

By providing a credit or debit card, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or canceled.

 

 If you sign up for a free trial, your credit card will be billed once the credit or free trial has ended, unless you cancel your subscription prior to the end of the free trial.  All outs

 

This is a recurring subscription.  Your payment method on file will be charged as long as you have an active order in your cart.  See Section 7 for instructions on canceling or suspending your account and/or order. 

 

Every other week, on Monday night, you will be billed for any orders in the previous two weeks, and for any outstanding balances on your account. 

 

  

SECTION 3- PRICING AND AVAILABILITY

 
When you sign up for a produce box subscription, you are agreeing to pay the total amount of the subscription, which may change weekly, and which depends on the particular items in your box.  You can view the total amount of the order by logging into your Account Dashboard.  The total amount charged for your box includes the price of the individual produce items, plus any base-price fees for the box, delivery fees, other fees, and any applicable taxes. 

  

SECTION 4 – DELIVERIES

 

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should properly store (including refrigeration) all items you receive.  If you do not receive your delivery, if you are missing items, or if you are not completely satisfied with your order, please contact support@imperfectproduce.com within 48 hours of your delivery and we will work with you to make it right.

 

There may be some instances, as a result of inclement weather or other unforeseen circumstances, that your delivery cannot be made on your assigned delivery day.  In those cases, we will make our best effort to deliver your order as close as possible to the assigned delivery day.  In the case that we cannot deliver your box, we will notify you and credit your account for the missed delivery.

 

For any customers who are assigned to a pick-up site:  Any orders not picked up during the time window of the pick-up site will be forfeited by the customer and become the property of Imperfect Produce.  Imperfect Produce may donate the box, or do whatever else they like with it, as they see fit.  

SECTION 5 – PRODUCT DESCRIPTIONS

 

Imperfect attempts to be as accurate as possible with all of our product descriptions.  However, Imperfect does not warrant that product descriptions, photos, or other content of any product is accurate, complete, reliable, current, or error-free. If a product offered by Imperfect itself is not as described, your sole remedy is to receive a refund for the product. We are specifically working with produce items that are misshapen and sometimes miscolored – nature doesn’t grow perfect produce all the time. For this reason, weights displayed are approximate and intended to communicate approximate amounts of produce that you will receive. While we don’t anticipate weights to be incorrect, your sole remedy for any error or documented weight-related issue will be resolved via a credit or refund for the product in question.

 

SECTION 6 – RETURNS AND REFUNDS

 

If you are dissatisfied with any product, please contact us at support@imperfectproduce.com within 48 hours of your delivery and, depending on the circumstances, we will provide you a full or partial credit or refund of the purchase price for that box or product. We may require the return or photographic documentation of any product with which you are dissatisfied before we provide you a replacement, credit or refund.

 

SECTION 7 - CANCELLATION POLICY

 

This is a recurring subscription service.  When you sign up for a subscription, a recurring order will be placed in your cart, set to the weekly delivery schedule that you chose when signing up.   Going forward, your order will be delivered on your scheduled delivery day, unless you have canceled or suspended your delivery by the appropriate cutoff date.  Cutoff dates vary by route and can be found in your account section.  Any items in your cart at the cutoff date and time will be delivered to you on your next scheduled delivery day.  Any cancellations not made by the cutoff date will take effect the FOLLOWING week.  To cancel your subscription, simply remove all recurring orders from your cart, or email support@imperfectproduce.com 

 

SECTION 8- INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Imperfect Foods, SPC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 9 – DISCLAIMERS

 

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

  

SECTION 10 -  LIMITATION OF LIABILITY, RELEASE

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMPERFECT FOODS SPC 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 SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM IMPERFECT FOODS, SPC 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 IMPERFECT FOOD SPC’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 IMPERFECT FOOD SPC ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM IMPERFECT FOOD SPC EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE IMPERFECT FOOD SPC’S 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.
 
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 IMPERFECT FOOD SPC FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH IMPERFECT FOOD SPC 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.”
 
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.

  

SECTION 11 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 12 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 13 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Emeryville, California, USA.

 

This Terms of Use was last updated on October 16, 2016.