Legally Binding Agreement between User and Food of Joy
Welcome to Food of Joy. The Terms and Conditions (the “Terms”) set forth herein govern your access to all Food of Joy content and services (the “Content and Services”), including website www.foodofjoy.com (the “Website”), all content, functions, and services offered by the Website, and access to Food of Joy content and services on platforms operated by third party, such as Facebook, Instagram, YouTube, MailChimp and others (collectively “Social Media Pages). Food of Joy reserves the right to remove or modify the Content and Services at any time for any or no reason.
The Content and Services is offered to you on the condition that you accept, without modification, of the terms, conditions, and notices contained herein. By using the Content and Services, you agree to be legally bound by the Terms. Please read this document carefully and keep a copy for your reference.
Please read the Terms and Conditions carefully. If you do not agree with the Terms and Conditions in its entirety, you cannot use the Content and Services.
Food of Joy reserves the right to change the Terms from time to time. We will notify you about significant changes by sending a notice to the primary email address specified in your account, by placing a prominent notice on the Website, and by posting the updated version on this page. Your continued use of the Content and Services available after such modifications will constitute your: (a) acknowledgment of the modified Terms; and (b) agreement to abide and be bound by the Terms.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Food of Joy is not responsible for third party access to your account that results from theft or misappropriation of your account. You indemnify and hold harmless Food of Joy and its employees, agents, associates, vendors, and successors for losses incurred by unauthorized access to your account. Food of Joy and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at its sole discretion.
Food of Joy operates a facility that processes all commonly used ingredients, including wheat, poultry, beef, pork, dairy, egg, nuts, seafood, shellfish, spices, and herbs. PLEASE DO NOT USE ANY OF FOOD OF JOY SERVICES IF YOU HAVE A SEVERE ALLERGY TO ANY FOOD INGREDIENT, WHETHER IT IS STATED IN THE INGREDIENT LIST OR NOT. You agree to indemnify and hold harmless Food of Joy and its employees, agents, associates, vendors, and successors for any allergic reaction or death caused by food allergy.
Nutrition Information, Ingredient Lists, and Photos
Nutrition information published for the meals is for reference purposes only. Food of Joy compiles nutritional information based on the best knowledge available. Food of Joy does not guarantee the accuracy of the nutrition information and will not be held responsible for any loss or damages resulting from any assumption made based on the nutrition information.
Food of Joy may recommend meals based on your dietary preferences as a convenience for customers. Food of Joy does not guarantee the recommended meals will be suitable for you.
Food of Joy periodically publishes information on healthy eating. The information is for general knowledge purposes and cannot be construed as dietary advice for specific medical conditions. Furthermore, Food of Joy does not provide any dietary advice based on medical conditions. If you have questions about dietary advice for any medical condition, please consult your health care providers.
The ingredients listed are the main ingredients of the products. Food of Joy reserves the right to make changes to the ingredients at any time.
The photos on the website are illustrative and may not represent the actual products you will receive.
Food Carrier Exchange
To keep food warm or cold, Food of Joy uses insulated food carriers and gel packs. You agree to keep food carriers and gel packs clean while they are in your possession. You will not use the carriers or gel packs for other purposes. On the day of the next delivery, you will put the carriers and gel packs outside your door so the driver can pick them up. If Food of Joy cannot reclaim the food carriers or gel packs from you or they have been damaged while in your possession, you will be charged for the cost of replacing them.
Food of Joy gift card is sent out by email to the recipient. Food of Joy is not responsible if the recipient cannot receive the email with gift card due to email or Internet problems. Food of Joy is not liable for any gift cards that are lost or stolen.
All product information, including but not limited to product name, description, ingredient list, nutrition facts, and photos, is posted for illustration purposes based on our best knowledge. Food of Joy does not guarantee the accuracy of the information. Nor does Food of Joy guarantee the product information reflects the latest changes. The product you receive may be different from the product information posted at the website due to a variety of factors. Food of Joy reserves the right to substitute or change any ingredients in products without any prior notice.
Visiting the Website or sending emails to Food of Joy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Food of Joy provides to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
By using the Content and Services, you warrant that you are 18 years of age or older and you are capable of performing the obligations according to the Terms.
Links to Third Party Sites/Third Party Services
The Content and Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Food of Joy and Food of Joy is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Food of Joy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Food of Joy of the Website or any association with its operators.
No Unlawful or Prohibited Use
In no event shall Food of Joy be responsible or liable for any failure or delay in delivering the Content and Services arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, fire, government actions, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, facilities, communications or computer (software and hardware) services; it being understood that Food of Joy shall use reasonable efforts to resume performance as soon as possible under the circumstances.
You agree to indemnify, defend and hold harmless Food of Joy, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Content and Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Food of Joy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Food of Joy in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Food of Joy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
No Warranty and Limited Liability
THE CONTENT AND SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FOOD OF JOY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND SERVICES AT ANY TIME.
FOOD OF JOY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT AND SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FOOD OF JOY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Governing Law and Severability
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Content and Services. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and Food of Joy with respect to the Content and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Food of Joy with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Food of Joy welcomes your questions or comments regarding the Terms. Contact Food of Joy at [email protected] or 619-630-8580.
Food of Joy
6475 Alvarado Road, Suite 101
San Diego, California 92120