Terms of Use

Terms of Use

Effective Date: March 2, 2020

Last Updated: March 2, 2020

 

Your use of the web sites on which these terms reside (including, without limitation, mobile websites) (collectively, the “Site”), and the content and services at this Site are subject to these Terms of Use (or “Terms”), which we may update from time to time. Please read these Terms carefully before using this Site. The Site is owned or controlled by MommyWins, LLC dba UNiTE Food (or “UNiTE”). By accessing this Site in any way, including, without limitation, browsing this Site, using any services, and/or submitting information to UNITE, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, including mandatory arbitration on a non-class basis, waiver of a right to a jury trial, disclaimers of certain warranties, and a choice of California law.

The terms “we,” “us” and “our” refer to UNITE and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using the Site.

From time to time we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. UNITE may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that UNITE will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

 

UNITE Content

Content on this Site that is provided by UNITE or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“UNITE Content”) is the property of UNITE and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any UNITE Content.

You agree not to download, display or use any UNITE Content located on the Site for any purpose, in connection with products or services that are not those of UNITE, in any other manner that is likely to cause confusion among consumers, that disparages or discredits UNITE and/or its licensors, that dilutes the strength of UNITE’s or its licensor’s property, or that otherwise infringes UNITE’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any UNITE Content that appears on this Site.

 

Use of the Site and Posting Policy

The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful, all as determined by UNITE in its sole and absolute discretion; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by UNITE in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

 

User Code of Conduct

From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials (“User Content”). User Content does not include Submitted Ideas (defined below). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined solely by UNITE; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of UNITE, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site (the “Posting Policy”). You further understand and agree that you have no ownership rights in any account you may have with us or other access to the Site or features therein. UNITE may cancel your account and delete all User Content associated with your account at any time, and without notice, if UNITE deems that you have violated these Terms, the law, or for any other reason. UNITE assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. For greater certainty, and without limiting the effect of the foregoing, UNITE reserves the right, in its sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

 

User Content

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby irrevocably grant to UNITE a non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content, my name, image, likeness, statements, and endorsement, as depicted in the User Content, in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favor of UNITE. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights you hold in your User Content, and you retain any right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. UNITE reserves the right, but not the obligation, to monitor any and all User Content or other materials uploaded or posted to the Site, and reserves the right to remove or to refuse to post anything that we, in our sole discretion, view to be in violation of these Terms, the law, or is otherwise inappropriate. UNITE does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Site. Since User Content posted to this Site may be publicly available, you acknowledge that you do not have any expectation of privacy in relation to your User Content.

You agree to indemnify and hold UNITE, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, including the above Posting Policy, or any violations thereof by your dependents or which arises from the use of any content including User Content that you submitted, posted, or otherwise provided to UNITE or this Site.

 

Submitted Ideas

You may choose to submit product ideas, flavor requests, or other business suggestions (collectively “Submitted Ideas”) through the Site. We ask that you never submit an idea that you consider to be confidential and/or proprietary. If you submit an idea, please be aware that, except with respect to your personal information (which is governed by our privacy policy), all Submitted Ideas offered to us by you shall be deemed to be non-confidential and non-proprietary and shall become the exclusive property of UNITE. Further, you understand and acknowledge that UNITE employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submitted Ideas and that we are only willing to consider the Submitted Ideas on these terms. In any event, you acknowledge and agree that UNITE assumes no obligation of confidentiality or nondisclosure, express or implied, by considering your Submitted Ideas. Without limitation, UNITE shall exclusively own, and you hereby irrevocably transfer and assign to us, all now known or hereafter existing rights in and to your Submitted Ideas, and we shall be entitled to unrestricted use of the Submitted Ideas for any purpose whatsoever, commercial or otherwise, without any form of compensation to you.

 

Accounts, Passwords, and Security Certain areas of the Site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site, or any features at all.

If the Site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify UNITE immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site. UNITE is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.

 

Representations and Limitations of Liability To the extent permitted by the applicable law, UNITE makes no representations about the reliability of the features of this Site, the UNITE Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. UNITE makes no representations regarding the amount of time that any UNITE Content or User Content will be preserved.

UNITE does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by UNITE without the prior review and written approval of UNITE.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS (INCLUDING SOFTWARE) THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL UNITE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL UNITE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND UNITE’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL UNITE OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY UNITE THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF UNITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE ABOVE LIMITATIONS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENTS ARE THE RESULT OF OUR NEGLIGENT, FRAUDULENT OR RECKLESS ACTS(S) OR INTENTIONAL MISCONDUCT.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

 

Third Party Websites 

This Site may hyperlink to sites not maintained by or related to UNITE. Such hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or UNITE, and UNITE does not endorse and makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and UNITE has no control over how your information is collected, used, or otherwise handled.

 

Jurisdiction;United States Only

The Site, services, and products offered on the Site are intended only for users in the United States. By accessing or using the Site, you acknowledge and agree that the Site is controlled and operated by UNITE from within the United States, and that information collected through the Site (including personal data) will be stored and processed in the United States. Please be advised that through your continued use of this Site, you are consenting to such transfer and the application of the laws of the United States and/or the State of California with respect to any dispute arising from or related to the privacy policy and/or the processing of your personal data, which laws may not be as protective as those of your home jurisdiction. We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of California without regard to conflicts of laws principles.

 

Mandatory Arbitration on Non-Class Basis

Any controversy or claim arising out of your use of this Site, these Terms, and/or our privacy policy shall be settled by binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

 

Miscellaneous

Both you and UNITE acknowledge and agree that no partnership is formed and neither of you nor UNITE has the power or the authority to obligate or bind the other.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our privacy policy for more information about our information collection and use practices. 

The failure of UNITE to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial/territorial, or local governmental authorities or for any other reason beyond the reasonable control of UNITE, shall not be deemed a breach of these Terms. 

If UNITE fails to act with respect to your breach or anyone else’s breach on any occasion, UNITE is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and UNITE, and are accepted by you upon your use of the Site or your account. These Terms constitute the entire agreement between you and UNITE regarding the use of the Site and your account. By using the Site you represent that you are the age of majority in your jurisdiction, are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

If you breach any provision of these Terms or our Privacy Policy you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms or your permission to use the Site is terminated by us for any reason, the agreement formed by your acceptance of these Terms will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The UNITE Content, Representations, and Limitations of Liability, Indemnity Jurisdiction and Miscellaneous provisions in this agreement shall survive any termination of these Terms.

 

Terms of Sale

 These Terms of Sale (these “Terms of Sale”), in addition to our terms of use govern your purchase of product(s) on this website, including through the mobile version hereof (collectively, this “Site”). This Site and its related services and applications (collectively, this “Service”) is being offered by UNITE LLC (“we”, “us”, or “UNITE”). UNITE may, in its sole discretion and at any time, modify, suspend or discontinue these Terms of Sale and/or this Site or specific portions of it. Your purchase of one or more products on this Site constitutes your agreement with UNITE to be bound by, and to act in accordance with, these Terms of Sale and the Terms of Use.

 

Ordering

Orders for in-stock merchandise are generally processed and shipped within 2 - 5 business days. If you select a priority shipping method during the checkout process, your order will be prioritized.

The purchase of products and services on the Site is subject to availability. If merchandise is currently out-of-stock, we will attempt to flag that on the Site. In the unlikely event that an item you order is out of stock, our Customer Care team will contact you and you will have the option to either place an updated order (without the out of stock item) or cancel the entire order without charge. In either case you can request to be notified by email when the product is back in stock.

Orders will only be shipped and delivered to addresses located within the United States and to the U.S. Virgin Islands. An order may only be shipped to one delivery address.

The merchandise you order may arrive in more than one box, but you will not incur any additional shipping charges under such circumstances. The total charges for all shipments, including the shipping charges, will equal the total for the entire order stated during the checkout process.

You can reorder a previous order by visiting your account page.

 

Risk of Loss; General Prohibitions

THE RISK OF LOSS SHALL PASS TO YOU AS SOON AS YOUR ORDER IS DELIVERED TO THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS. IT IS YOUR SOLE RESPONSIBILITY TO PROVIDE A SAFE AND CORRECT SHIPPING ADDRESS ACCESSIBLE TO COMMON CARRIERS. YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY IN THE EVENT YOU (A) PROVIDE AN INCORRECT DELIVERY ADDRESS DURING THE CHECKOUT PROCESS AND/OR (B) FAIL TO COLLECT THE MERCHANDISE FROM THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS.

 

Payment Methods

We currently accept Visa, Mastercard and American Express. Your credit card will be charged when your order is shipped. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable to you for any delay or non-delivery of your order.

If you wish to purchase any product or service made available through the Site, 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. Please see the UNITE privacy policy for information about the collection, use and protection of your information.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf 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.

 

Returns & Refunds

If you are unsatisfied with your purchase from UNiTE, you may return the product within fifteen (15) days of your receipt of the product. All we ask is that the product is not used, opened or expired and in the same condition in which it was received, in the original box and/or packaging, and with the purchase receipt. Once the product is received, UNITE will exchange or replace the product, or issue a refund for the price paid for the item (minus any applicable shipping or handling).

If you are returning an online purchase given as a gift, we can only refund the credit card on file.

We reserve the right to deny a refund or credit if the returned merchandise does not comply with these Terms of Sale.

 

Prices

All prices shown on the Site are in U.S. Dollars and are exclusive of applicable sales tax. Sales tax is calculated based on the shipping address on your order.

We reserve the right to change prices at any time without notice to you, provided that any changes made after your order is submitted will not apply retroactively. Subscription orders are deemed to be submitted as of the date of each shipment.

 

Pricing and Description Errors

We do our best to describe every item, product or service offered on the Site as accurately as possible. However, we do not warrant or guarantee that product descriptions, specifications, or pricing on our Site is complete, accurate, reliable, current or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, UNITE shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other payment account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional terms may apply. If a product you purchased from us is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

 

Discounts and Promotions

We occasionally offer discounts and coupons codes. While the terms and conditions for each promotion will vary, most of our offers last for a limited time, and have associated promotional codes that can only be used once per customer and cannot be combined with other offers.

Promotional shipping offers will apply to orders that meet the particular promotional guidelines, such as the applicable merchandise total (before tax and shipping/handling charges are applied) and the requirement that the order be shipped to a single address. Generally, shipping promotions will only apply to standard shipping, unless otherwise noted. We reserve the right to reject or cancel any order that does not comply with these terms and conditions. In the event of any inconsistency between the discount code terms and conditions and these Terms of Sale, the discount code terms and conditions shall prevail.