Effective date: February 25, 2022
Welcome to Grub Boxx LLC (“Company”, “we”, “our”, “us”)! As you have just clicked to our Terms of Service, please make a pause, grab a brew and carefully read the following pages. It will take you approximately 15 minutes.
These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at http://grubboxx.com operated by Grub Boxx LLC.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing email@example.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link in any of the emails you received or by emailing firstname.lastname@example.org.
Mobile Program Terms of Service
November 11, 2021
The Grub Boxx mobile message service (the “Service”) is operated by Grub Boxx LLC (“ [insert Company Name] ” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Grub Boxx’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related and promotional messages, including updates, alerts, and information (e.g., order updates, account alerts, menu releases, order reminders, etc.), and promotions, specials, and other marketing offers (e.g., cart reminders)] from and on behalf of Grub Boxx via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Grub Boxx. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time by texting the single keyword command STOP to +1 (866) 750-0260. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Grub Boxx mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (866) 750-0260 or email email@example.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
5. FEE CHANGES
Grub Boxx LLC, in its sole discretion and at any time, may modify Product pricing or Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Grub Boxx LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We issue refunds on a case-by-case basis and at our sole discretion. If you are unhappy with a meal or there was an issue with your order, please let us know at firstname.lastname@example.org withing 24 hours of physically receiving your order.
Refunds for order changes and cancellations must be made by 1:00 PM on Thursday, at the time of the order deadline. Any changes or cancelations after that time period will not be permitted and/or refunded. Therefore all sales after 1:00 PM on Thursdays are final.
7. PROHIBITED USES
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
- Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
- Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
- Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
- Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
- Take any action that may damage or falsify Company rating.
- Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Matomo is an open source web analytics platform. A web analytics platform is used by a website owner in order to measure, collect, analyse and report visitors data for purposes of understanding and optimizing their website. If you would like to see what Matomo looks like, you can access a demo version at: https://demo.matomo.cloud.
Matomo is used to analyze the behavior of website visitors to identify potential pitfalls; not found pages, search engine indexing issues, which contents are the most appreciated, and other similar activities. Once the data is processed (number of visitors reaching a not found pages, viewing only one page…), Matomo is generating reports for Grub Boxx to take action, for example changing the layout of the pages, publishing fresh content, etc.
9. NO USE BY MINORS
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
11. INTELLECTUAL PROPERTY
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Grub Boxx LLC and its licensors. Service is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Grub Boxx LLC.
12. ERROR REPORTING & FEEDBACK
You may provide us directly at email@example.com with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
13. LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Grub Boxx LLC.
Grub Boxx LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT GRUB BOXX LLC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
14. DISCLAIMER OF WARRANTY
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
18. CHANGES TO SERVICE
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
19. AMENDMENTS TO TERMS
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
20. WAIVER AND SEVERABILITY
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
21. DELIVERY CLIENT WAIVER
Grub Boxx and/or its affiliates will deliver your order to the address specified on your paid invoice between 6:00 am – 10:00 am PST on the Sunday morning immediately following your order. If there are any order discrepancies, you must contact Grub Boxx via text or email within the same day as the delivery date. Discrepancies communicated past the delivery date will not be refunded, credited, or replaced except at Grub Boxx’s sole discretion.
COOLER BAG DEPOSIT
The client understands that upon agreeing to delivery they will be charged a bag deposit fee of $15 which will include two (2) Grub Boxx Thermo-Insulated bags. This fee will be returned upon confirmed return of the bag(s) to Grub Boxx, prior to the 5th day after stopped service.
Grub Boxx’s standard delivery fee will be based on proximity to Grub Boxx’s Kitchen at 5770 Carlson Dr. $10 per delivery for all delivery addresses within 20 miles, $20 per delivery for all delivery addresses beyond 20 miles. This fee is due at the time of order submission.
RISK OF LOSS
Grub Boxx and its affiliates assume no risk of loss from any casualty to the goods delivered, regardless of the cause, all goods delivered will be the responsibility of the Client once the goods have been shipped by the Seller. Client understands the driver will leave goods in an inconspicuous place and text a photo of delivered items to the client which will be the official timestamp of delivery and confirmation.
STORAGE OF GOODS
The client agrees to store and refrigerate goods immediately upon text message delivery confirmation from Grub Boxx or its affiliates to prevent contamination and spoliation of goods. The client understands and acknowledges that Grubb Boxx and its affiliates are free of any and all risks involved with contaminated and spoiled goods.
NOTIFICATION OF ALLERGIES
The client agrees to consult with their doctor/physician for any known or unknown allergies or risks regarding food intake. The client affirms to have disclosed any and all food allergies, dietary restrictions, and medical health concerns to Grub Boxx and its affiliates prior to receiving delivery items of any kind.
WAIVER AND RELEASE OF LIABILITY
Client agrees to assume all risks regarding the intake of any and all food and agrees to release Grub Boxx and its affiliates from any and all actions, causes of actions, claims and demands with respect to any accident, injury, illness or harm, including food sickness, spoliation of food, non-refrigerated food after pickup, allergic reaction, and death, resulting from arising out of the goods contained in this agreement.
IMPORTANT HEALTH INFORMATION
People with certain conditions MUST HAVE physician approval prior to starting any prepared meal programs; these include, but are not limited to people who: (a) are pregnant, (b) have anorexia or bulimia, (c) have chronic kidney disease, (d) children under 17 years of age, (e) nursing mothers, or (f) food allergies. People with these or any other serious health conditions must seek physician approval before starting a meal prep program. Grub Boxx, is a healthy meal prep, delivery/subscription service. Please consult your physician before beginning any meal prep program, or any other weight loss program.
Upon agreeing to our delivery service, you will be asked to provide us with a telephone number at which we can reach you. That number is required for shipping and so that Grub Boxx and its affiliates and agents can reach you with informational calls and/or texts related to your transactions. All calls and texts to and from Grub Boxx and its affiliates may be monitored and/or recorded for quality and training purposes.
ORDER CHANGES OR CANCELLATIONS
We can accept order changes and cancellations up to 1:00 PM on Thursdays before the delivery, or at the time of the order deadline. Any changes or cancelations after that time period will not be permitted. Therefore all sales after 1:00 PM on Thursdays are FINAL.
WAIVER AND RESPONSIBILITY
No waiver by Grub Boxx of any of the terms and conditions set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Grub Boxx to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
This contains the entire agreement between the parties and supersedes and replaces all such prior agreements, whether verbal or written, with respect to matters expressly set forth herein. No modification shall be made to this agreement except in writing and signed by both parties. This agreement shall be binding upon the parties and their respective heirs, executors, administrators, successors, assignees and personal representatives by agreeing and by selecting “I AGREE” on CHECKOUT.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
23. CONTACT US
Please send your feedback, comments, requests for technical support: firstname.lastname@example.org.