Terms and Conditions
Last updated on 6/26/18
Please review the following carefully as these terms and conditions (the “Terms”) create a legal agreement between you and 56 Cutz LLC (“56 Cutz” or “we” or “us”). The Terms are important and affect your legal rights related to the use of the 56 Cutz website (the “Site”) and purchasing and receiving products from 56 Cutz.
Please pay special attention to Section 4 regarding auto-renewal subscription and Section 12 regarding mandatory arbitration requiring you and 56 Cutz to use binding arbitration on an individual basis and limits the available remedies in the event of various disputes.
By using the Site and/or signing up for the service provided on the Site, you agree to the Terms in their entirety. If you refuse to accept the Terms, you will not be able to order any products (the “Products”) from the Site.
a. Subscriptions and Add-on Products
5. Delivery and Acceptance of Product
6. Replacements and Returns
7. Food Preparation
8. Proprietary Rights
9. User Conduct and Product Use
10. User Content
14. Limitation of Liability
b. Governing Law and Venue
The Products offered by us are meant for use by individuals over the age of 18. By using the Site and ordering Products, you represent and warrant that you (i) are 18 years of age or older; (ii) have not been suspended by us or removed from ordering the Products; (iii) have only one (iv) account with us; (v) reside in a Service Area (defined below); and (vi) have full authority and capacity to enter into the Terms and by doing so will not violate any other obligations you may have with another party.
The Products are only available in the following areas: Utah, Nevada, Idaho, Wyoming, Montana, Colorado, New Mexico, Arizona, Oregon, and Washington (each a “Service Area”). We will not be able to fulfill your order or deliver Products to you if you do not reside in or order for delivery to a Service Area.
We may amend, modify, or make any changes to these Terms without notice to you. We encourage you to review the Terms frequently. The latest version of the Terms will be located on the Site with the most recent revision date posted. By your continued use of the Site and/or ordering Products from us, you agree to be bound by the Terms and any updates to the Terms.
In order to place an order and to utilize the full features of the Site, you must create an account with us. By creating an account, you agree to (i) provide accurate and complete information; (ii) update all information as needed; (iii) maintain the privacy and security of your account information including login and password and accept all risks associated with access to your account which is not authorized by you; and (iv) to notify us of any suspected unauthorized access to your account. You may reach us at firstname.lastname@example.org.
By creating an account, you also consent to receive electronic communication from us and our trusted third parties. These communications may include promotional or advertising materials, account updates, order notifications, payment authorizations, and/or other transactional information. You agree to accept these communications via email and that such communications will satisfy legal requirements, including without limitation that such communications be in writing. Please maintain electronic copies of all communications and/or notifications you receive from us.
We may send promotional material (e.g., newsletters, promotional offers, coupons, surveys and other news and information) and you may opt out of receiving such promotional materials at any time by following opt out instructions contained in the emails.
4.1 Subscriptions and Add-on Products: We offer a subscription service wherein we offer various subscription plans for the recurring delivery of our Products (each a “Subscription”). We may offer additional Products which may be included in an order (each an “Add-on”). Each Add-on will be a one-time purchase. Please see the Site for further details regarding each Subscription plan and Add-on products, including pricing information.
4.2 Auto-Renewal: YOUR SUBSCRIPTION INCLUDES AN INITIAL PURCHASE FOLLOWED BY ONGOING, MONTHLY CHARGES. WHEN YOU PURCHASE A MONTHLY SUBSCRIPTION, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT (I) WE ARE AUTHORIZED TO CHARGE YOU AN INITIAL FEE AND ON AN ONGOING, MONTHLY BASIS FOR THE SUBSCRIPTION PLAN YOU CHOOSE AT THE PRICE INDICATED AT TIME OF PURCHASE (IN ADDITION TO ANY TAXES AND OTHER CHARGES INDICATED, INCLUDING SHIPPING COSTS) FOR AS LONG AS YOU CONTINUE YOUR SUBSCRIPTION; AND (II) YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL IT OR WE TERMINATE YOUR SUBSCRIPTION. PLEASE SEE SECTION 4.3 FOR INSTRUCTIONS ON CANCELLING YOUR SUBSCRIPTION.
4.3 Cancellation: You may cancel your Subscription by logging onto your account or emailing us at email@example.com.
4.4 Pricing: We reserve the right to adjust prices of the Products at our discretion, at any time and without notice, however, we will provide notice of increases to your Subscription no later than ten (10) days prior to an increase in price. Your acceptance of Products after such notice will constitute your acceptance of the increase in price unless and until you cancel your Subscription. All prices shown are in U.S. dollars. Any taxes and other fees may not be included in the Subscription price and will be added to your order upon completing an order.
5. Delivery and Acceptance
5.1 Receipt and Inspection: You are responsible to inspect the Products upon receipt and determine the freshness of the Products. All Products are shipped in a cool, refrigerated shipping container. Please check the temperature of the Products upon receipt. If the temperature of the zone the Product is located in is above 40 degrees Fahrenheit, please contact us at firstname.lastname@example.org along with photographs of the Products and showing us the temperature of the zone in which the Product is located.
Upon receipt, place all Product in a refrigerator or freezer to maintain freshness. Upon delivery, you are solely responsible for the handling, preparation, preservation, consumption, and use of all Products. We recommend that you follow USDA guidelines in the handling, preservation, preparation, consumption, and use of all Products. Failure to follow safe handling of all Products may result in illness.
If you are not at home when the Products are delivered, your Products will generally be left at your door. You are responsible to receive the Products in a timely manner. You will receive shipping information and be able to track your shipment. Your Products are shipped in a manner in which the Products should remain cool and fresh for several hours after delivery, however, we request that you receive the Products as soon after delivery as possible.
THE RISK OF LOSS PASSES TO YOU AT THE TIME OF DELIVERY.
5.2 Delivery: We guarantee delivery to the address you provide. Please take care when entering your address to ensure we receive the appropriate information. We cannot guarantee the delivery of fresh Products if your address is incorrect or incomplete in any manner. Please contact us as soon as possible if you enter an incorrect or incomplete address. If you enter an incorrect address and do not update prior to shipping, the order will be returned to us, however, we will not issue a refund or replacement or credit of any kind due to an incorrect address entered by you. If you are unable to retrieve the Product in a timely manner and the Products perish or are spoiled in any manner, you will not be refunded. Orders will be processed and sent for delivery within seven (7) business days with two-day shipping from Federal Express.
If your shipment is damaged or delayed due to the fault of the courier, we will file a claim with the courier and issue a replacement. Please send photos and a description of the damages and/or delays to email@example.com within three (3) days of the date of delivery.
6. Replacements and Returns
All Products are subject to availability and we reserve the right to make substitutions, terminations, or to reject your order without notice. Due to the perishable nature of Products, we may have to make substitutions, if you are unsatisfied with a substitution, please notify us by emailing us at firstname.lastname@example.org.
Due to the perishable nature of the Products, we do not accept returns. Do not return any Products to us. If you are not satisfied with your order, please contact us within three (3) days of receiving your order at email@example.com. We will review your order and reported issues and offer a reasonable solution which may include a refund, credit to your account, or replacement Products. To help us achieve a reasonable solution, we ask that you send in pictures of the Products in question, including the packaging material and order details.
7. Food Preparation
Again, we encourage you to review USDA guidelines on proper food handling and preparation. You may find these guidelines here. You are responsible for proper food handling upon delivery of the Products. If we include any recipes, you are responsible to follow all steps and instructions.
8. Proprietary Rights
56 Cutz owns and operates the Site. Additionally, we own all content, features, text, graphics, videos, software, code, design and all other features of the Site. All of these assets are protected by U.S. copyright, trademark, trade secret, and all other intellectual property or proprietary rights laws.
We own the mark “56 Cutz” and all other marks used by us (the “Marks”). The Marks may not be used in any manner without our consent. You do not obtain any ownership or use rights in or to the Marks or any material on the Site.
If we discover any misuse of the Marks or any violation of the Terms, we may terminate your account.
9. User Conduct
Through your use of the Site and ordering Products, you agree not to violate any federal, state, or local statute, regulation, intellectual property, contract terms, or third party rights while using the Site.
You agree not to (i) use the Site for any purpose other than to order Products for your own, personal use; (ii) utilize or display any personal information of a third party; (iii) interfere with or disrupt the use of the Site in any manner; (iv) solicit other users in any manner; or (v) use the Site for any illegal purpose.
10. User Content
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless 56 Cutz, our affiliates, directors, officers, agents, affiliates, agents, contractors, partners, representatives, suppliers, and employees, from and against any loss, liability, claim, demand, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or in connection with your use of the Site or the Products. We reserve the right to control the defense of any claim and you shall cooperate with us in such defense. You agree to promptly notify us of any claim.
Please read the following carefully. This section requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us.
12.1 Binding Arbitration. YOU AND US AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY, (WHETHER IN CONTRACT, TORT, OT OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF ANY PRODUCT THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY IN BINDING ARBITRATION.
This shall not apply to disputes in which a party seeks to resolve an issue in small claims court, seeks injunctive relief, or other equitable relief related to the use of proprietary rights, or disputes arising from Section 9.
12.2 Preliminary Resolution. You agree to notify us of any dispute within forty-five (45) days such dispute may arise. We will work with you to resolve any such dispute in an effort to avoid arbitration. If we are unable to resolve your dispute, you must submit your dispute for resolution by arbitration in accordance with these Terms.
12.3 Waiver of Class Actions and Class Arbitrations. To the fullest extent permitted by law, you hereby agree to arbitration on an individual basis only, and agree to give up any rights to bring, join, or participate in any class action or class arbitration. You agree that any dispute or claim which you have is personal to you and that such claim or dispute may only be resolved through individual arbitration and not as any type of representative proceeding. NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN ANY COURT OR IN ABRITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR MEMBER.
This waiver does not constitute a waiver of your right to bring your individual claim in binding arbitration as detailed in these Terms and this waiver is an independent agreement. The arbitral tribunal has no power to determine the enforceability of this class action and class arbitration waiver and any challenge to this waiver may only be raised in a court of competent jurisdiction. See Section 12.4 for opt-out procedures.
Severability. If any provision of this arbitration agreement is found to be unenforceable, such provision will be severed and the remaining terms will be enforced.
12.4 Opt-Out. You may pursue a claim in small claims court if you provide notice within ninety (90) days of the day you agree to these terms. If you choose to opt-out, notify us by sending an email to firstname.lastname@example.org. Please include your name, contact information and a clear statement of your intent to opt-out of the provisions related to binding arbitration. This opt-out is only applicable to the arbitration provisions and in no way will relate to any other provision of the Terms.
12.5 Process. Except for claims arising under Section 9, claims brought in a small claims court, or claims related to injunctive or equitable relief related to the use of proprietary rights, all claims must be brought within twelve (12) months of the date the claim arose, or you or we will lose the ability to bring forth such claim.
You and we agree that the terms of this arbitration agreement will be governed by and in accordance with the Federal Arbitration Act, 9 U.S.C. Section 1, et. Seq. (the “FAA”).
You and we agree that (i) any claim will brought in the State of Utah, Salt Lake County; (ii) arbitration will be conducted confidentially by a SINGLE arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”); and (iii) the state and federal courts located in Salt Lake County, Utah, will have exclusive jurisdiction over any appeal and the enforcement of the decision of the arbitrator. The JAMS rules are available on the JAMS website and you agree and acknowledge that you have either read and understand the JAMS rules or waive your opportunity to read such rules.
The arbitrator shall have the power to grant whatever relief would be available in a court under law or in equity. The arbitrator may award reasonable attorneys’ fees. All decisions of an arbitrator shall be final and binding on the parties.
YOU ARE RESPONSIBLE FOR AND ASSUME ALL RISKS RELATED TO THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS. ALL PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, AS ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR NON-INFRINGEMENT OR INTELLECTUAL PROPERTY.
Please note that the Products may be exposed to, or stored or prepared with, other materials which may include various allergens, including, without limitation, wheat, egg, soy, dairy, nuts, fish, and shellfish. You understand and acknowledge that the Products may be exposed to such allergens and assume the risk of being exposed to such allergens.
14. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE, OUR AFFILIATES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, AND EMPLOYEES (COLLECTIVELY, “OUR AFFILIATED PARTIES”), SHALL NOT BE LIABLE TO YOU OR ANY THIRD APRTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION INCLUDES, WITHOUT LIMITATION, DAMAGES RELATED TO PERSONAL INJURY; EMOTIONAL DISTRESS; PAIN AND SUFFERING; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORSEEABLE.
IN NO EVENT WILL WE BE LIABLE FOR DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO ACCESS OR USE OF THE SITE, INCLUDING THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT. THIS LIMITATION SHALL INCLUDE, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY EVENTS BEYOND OUR CONTROL SUCH AS SITE INTERRUPTIONS, ERRORS OR OMISSIONS, DEFECTS, BUGS, WORMS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE.
YOU HEREBY AGREE TO WAIVE, RELEASE, ACQUIT, AND DISCHARGE 56 CUTZ AND OUR AFFILIATED PARTIES, AS PERMITTED BY APPLICABLE LAW AND ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF YOUR USE OF THE SITE OR THE PRODUCTS OR IN ANY WAY RELATED TO THE TERMS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA 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.”
15.2 Governing Law and Venue. The Terms, your use and access to the Site, and your ordering and use of any Products shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law rules or principles. Any claim not subject to the arbitration provisions of the Terms shall exclusively be brought in a court of competent jurisdiction located in the State of Utah, Salt Lake County.
15.3 Termination. Notwithstanding anything to the contrary, we reserve the right to, in our discretion and without notice to you, to terminate your access to the Site, including your ability to order, receive, or use Products. You agree that if we exercise such rights, we will not have any liability or obligation whatsoever and that you will not be entitled to any refund.
15.4 Waiver. No waiver by any party of any provision of the Terms shall be deemed a waiver unless done in writing and shall not be considered a continuing or ongoing waiver of such rights. Any failure to assert a right under the Terms shall not be considered a waiver unless such waiver is in writing.
15.5 Severability. If any of these Terms or any provision contained herein are determined to be invalid, unlawful, or unenforceable to any extent, such provision shall to that extent be severed from the remaining terms, which will continue to be valid to the fullest extent permissible by law.
15.6 Survival. All defined terms and Sections 2 and 4 – 15, shall survive the expiration or termination of the Terms and your account.