Terms of Service

Eat Simple Food, LLC (“Eat Simple Food” or “the Company”) operates the www.eatsimplefood.com website (“the Website”) and a meal preparation service (“the Service”). Any use of the Website and/or the Service, including, but not limited to registering for and/or participating in a do-it-yourself session, food pick-up, delivery or shipment, or other event hosted, promoted, endorsed by or otherwise related to the Service, is subject to the following Terms and Conditions of Use (“Terms and Conditions”), as well as to Eat Simple Food’s Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website and/or the Service will constitute your acceptance of these terms and conditions.

Allergen Alert

In compliance with the “Food Allergen Labeling and Consumer Protection Act of 2004” please note that Eat Simple Food’s facilities and/or the Service may contain Milk, Eggs, Crustacean Shellfish, Tree Nuts, Peanuts, Wheat, and Soybeans which account for most known allergens. Be aware that cross contamination may occur among food products and take appropriate safety measures.

Food Handling

You understand and agree that you will be solely responsible for, and assume the risk of, the food handling procedures which you employ during the use of the Service or after any food prepared by you or by Eat Simple Food is removed from the Company’s premises including, but not limited to, the freezing, refrigerating, and subsequent preparation of the food. The Company recommends that all baking and cooking instructions specified on all meals be followed, including, but not limited to heating all meals to an internal temperature above 145°F for steak, 155°F for fish or ground beef and 165°F for poultry prior to consumption.

Further, you hereby agree without exception to indemnify and hold harmless the Company, its affiliates, subsidiaries and their directors, officers, agents, members, managers, representatives, and employees from all responsibility for any injuries or damages you sustain, or that anyone affiliated or connected with you in any way may sustain, in connection with or resulting directly or indirectly from your participation in and/or use of the Service and the food handling procedures you, or anyone affiliated or connected with you in any way may employ after the Service.

Cancellation and Rescheduling Policy

Cancellations and/or reschedule requests made more than 7 days in advance are subject to a full refund. Cancellations and/or reschedule requests made less than 4-7 days in advance of your session will be subject to a 25% fee. Cancellations made within 3 days (72 hours) are non-refundable.

Changes

The Website, including without limitation all content there available, the Service, prices for the Service, and these Terms and Conditions, may be changed at the sole discretion of Eat Simple Food and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which the Website links, and that link to the Website. Eat Simple Food does not have any control over those websites and web pages, and is not responsible for their contents or their use. By linking to a third party website or web page, Eat Simple Food does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Eat Simple Food disclaims any responsibility for any harm resulting from your use of the Website and third party websites and web pages.

Copyright Infringement

As Eat Simple Food asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Eat Simple Food. Eat Simple Food will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Trademarks

Eat Simple Food, eatsimplefood.com, Eat Simple Food logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Eat Simple Food or Eat Simple Food’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Eat Simple Food or third party trademarks.

Limitation of warranties of Eat Simple Food, its suppliers and its licensors

Except as otherwise expressly stated, all content posted to or available from the Website and/or as part of the Service is provided “as is”, and Eat Simple Food, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you obtain content or services through the Website and/or the Service at your own discretion and risk, and that Eat Simple Food, its suppliers and its licensors will have no liability or responsibility for any damage and/or injury to you and/or to your computer system that results from the use of the Service and/or the Website. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.

Limitation of liability of Eat Simple Food, its suppliers and its licensors

Except as otherwise expressly stated, in no event will Eat Simple Food, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website and/or the Service including without limitation any lost profits, business interruption, or otherwise, even if Eat Simple Food, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Eat Simple Food, its suppliers and its licensors arising out of or related to use of the Website and/or the Service exceed the amounts actually paid by you to Eat Simple Foodduring the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section represents a reasonable allocation of risk.

General Representation and Warranty

You represent and warrant that your use of the Website and/or the Service will be in accordance with Eat Simple Food’s Eat Simple Food’s Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, and with any other applicable policy or terms and conditions.

Indemnification

You agree to defend, indemnify and hold harmless Eat Simple Food, its contractors, and its licensors, and their respective directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.

Miscellaneous

These Terms and Conditions constitute the entire agreement between Eat Simple Food and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Eat Simple Food, or by the posting by Eat Simple Food of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of South Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Charleston, SC. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; Eat Simple Food may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.