Terms and Conditions
Web Site and Services Terms and Conditions
Version Date 03/15/2016
The following terms and conditions, and any changes hereto that we may publish from time to time (the 'Terms and Conditions'), govern your use of the Fromhomewithlove.com Web Site with a front page at the Fromhomewithlove.com domain name (the 'Site') and your use and receipt of any and all services and resources offered, enabled or provided to you by Fromhomewithlove.com via the Site (the 'Services'). The Site and Services are published, maintained, made available, owned and operated by the James Francis Group, Inc. (collectively referred to as 'Fromhomewithlove' or 'we' or 'us' or other similar pronouns). Please read these Terms and Conditions carefully before accessing or using the Site. BY ACCESSING, USING OR BROWSING THE SITE OR REGISTERING FOR SERVICES PROVIDED THROUGH THE SITE IN ANY WAY, YOU (OR THE ENTITY YOU REPRESENT) ACCEPT AND AGREE TO AND ARE BOUND BY THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE AND SERVICES. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site or Services.
We may change the Terms and Conditions from time to time and at any time, in our sole discretion and without notice to you, by posting such changes on the Site. Your continued access or use of the Site or any Services or Materials constitutes your acceptance of the changes. Your access and use of the Site, Services and Materials will be subject to the most current version of the Terms and Conditions and any other guidelines and rules posted on the Site at the time of such use. Please regularly check the 'Terms and Conditions' link on the home page of the Site to view the then-current terms. If you breach any of the Terms and Conditions, your authorization to access or use the Site, Services or Materials may be terminated. If you are an active customer of our Services who has registered for an account on the Site with a username and password, we will notify you of material changes to the Terms and Conditions: (i) the next time you log into your account on the Site, (ii) via an e-mail message to the e-mail address on record in your account profile, or (iii) by another means in Fromhomewithlove's discretion.
Age Requirement for Use of Site: The Site and Services are not intended for use by persons under the age of 18 years old. You must be 18 years old or older to provide any personal information to the Site, or to us through the Site, to retain Services, or to otherwise conduct business with us via the Site. You hereby represent that you are at least 18 years old.
1. Services and Materials: Through the Site, Fromhomewithlove provides specialized shipping containers, refrigerants, and online packaging and shipping expertise (collectively, the ‘Materials’) to assist you in sending home-made meals to your loved ones. You may register to establish an account on the Site, with a username and password, by completing and submitting an online registration form located on the Site. Once you have registered, you may request price quotes for Services through the Site and retain Fromhomewithlove to provide such Services in accordance with such price quotes and in accordance with these Terms and Conditions. Price quotes are valid for twenty four (24) hours from Fromhomewithlove's posting thereof.
The Services provided by Fromhomewithlove are limited in scope, and include, without limitation, providing a platform for the ordering and delivery of Materials to customers; facilitating price comparison for shipping alternatives and the selection of a shipping option; and providing customers with instructions on packaging, directions for preparing and storing food to be shipped and handling information for recipients. IN THE EVENT YOU USE THE SITE TO PURCHASE SERVICES AND/OR MATERIALS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT AS A CUSTOMER OF FROMHOMEWITHLOVE, YOU ARE SOLELY RESPONSIBLE FOR, AND FROMHOMEWITHLOVE SHALL HAVE NO RESPONSIBILITY, LIABILITY OR OBLIGATIONS FOR THE ORDERING OF THE MATERIALS, THE PREPARATION AND DELIVERY OF MATERIALS AND THE USAGE PROCESS, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING:
· Choosing the appropriate Materials on the Site for your purposes;
· Selecting the options for shipping of the Materials that suit your needs;
· Preparing the meal(s) or other food to be shipped to your desired recipient, and freezing such meal(s) and other food in accordance with our instructions;
· Readying the Materials for delivery to your desired recipient, including, without limitation, filling all 'gel packs' with water in accordance with our instructions and appropriately activating the 'Time-Temperature Indicator' upon the Materials;
· Sealing all containers for delivery to your desired recipient in accordance with our instructions; and
· Including in the shipment to your desired recipient all instructions provided by Fromhomewithlove to direct the recipient regarding handling, preparation and consumption of the meal(s) or other food delivered to such recipient.
IN THE EVENT YOU PURCHASE FROMHOMEWITHLOVE’S SERVICES AND/OR MATERIALS, YOU HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS:
· Fromhomewithlove's Materials include differing styles of insulated container kits that are designed for shipment of frozen food over varied lengths of time (for instance, kits designed to preserve food over a one to three-day shipment. You will be responsible to ensure that your selection of insulated container kits and other Materials corresponds to the shipment options you select.
· Raw food is not intended to be shipped in any Materials or via the Services, and all food must be fully cooked before shipping. With respect to perishable items, only fully cooked and then frozen food is intended to be shipped in Materials and/or via the Services. Freezing your homemade meal prior to shipping enables higher performance by the refrigerants, helping to ensure that your food arrives to desired recipient at the freshest state possible. Notwithstanding the foregoing, if you are sending food that does not require refrigeration (such as baked goods, hard salami and hard cheese, among other foods), freezing your food prior to shipping may not be required, but Fromhomewithlove recommends always including refrigerants with any shipment to avoid unsafe temperatures. The Site contains additional FAQ's, 'Tips and Tricks' pages and 'How To Videos' regarding packaging and shipping which all customers are encouraged to read/view and follow prior to any shipments.
· Fromhomewithlove's container kits have been pre-qualified by a third party independent laboratory under certain International Safe Transit Association (ISTA)-defined parameters. The pre-qualification process includes the testing of an arbitrary food application. Fromhomewithlove's container kits are pre-qualified to satisfy an ISTA profile shipment, but our food application within a container kit may differ from yours. You are solely responsible for qualifying a container kit for successful shipment using your own respective food application.
· Certain 'gel pack' refrigerants and other Materials may require you to fill them with water and then freeze them prior to shipment, in accordance with instructions provided by Fromhomewithlove. Failure to fill such 'gel packs,’ overfilling or underfilling them, or otherwise filling them in a manner inconsistent with instructions may affect the performance of the Materials and be detrimental to the preservation of the food you ship.
· All Materials will include a 'Timestrip' Time-Temperature Indicator, which monitors the temperature of the food you ship from the point at which you remove the food container and your homemade meal from the freezer until it reaches your desired recipient. It is extremely important that you include the instructions forthe ‘Timestrip’ Time-Temperature Indicator in the shipment to your desired recipient. The recipient’s failure to read the Time-Temperature Indicator in accordance with the instructions provided by Fromhomewithlove may render the recipient unable to determine whether the food was subject to unsafe temperatures during transit. Failure by the recipient to follow instructions provided by Fromhomewithlove on the removal of the Time-Temperature Indicator prior to heating and consuming the delivered food (or failure by you as the customer to include such instructions in the shipment to your desired recipient) may cause harmful effects when consuming the re-heated food. FROMHOMEWITHLOVE STRONGLY ADVISES AGAINST THE CONSUMPTION OF ANY FOOD DELIVERED IN CONNECTION WITH THE SITE, THE SERVICES AND THE MATERIALS, AND SHALL HAVE NO RESPONSIBILITY, LIABILITY OR OBLIGATIONS WITH RESPECT TO ANY SUCH CONSUMPTION, IF: (I) THE TIME-TEMPERATURE INDICATOR WAS NOT PROPERLY AFFIXED ON THE INSULATED CONTAINER KIT, (II) THE TIME-TEMPERATURE INDICATOR INDICATES TO THE RECIPIENT THAT THE DELIVERED FOOD WAS SUBJECT TO UNSAFE TEMPERATURES DURING TRANSIT OR IS OTHERWISE UNSAFE TO EAT, OR (III) THE RECIPIENT HAS NOT REMOVED THE TIME-TEMPERATURE INDICATOR PRIOR TO RE-HEATING THE DELIVERED FOOD FOR CONSUMPTION.
3. Submitted Materials: Users of the Site may submit certain materials to the Site. All such materials submitted by you and other users of the Site are referred to in these Terms and Conditions as 'Submitted Materials.' All Submitted Materials that you post on or otherwise submit via the Site shall not be confidential information or trade secrets owned by you or any other party. You shall remove sensitive and identifying information from Submitted Materials prior to submitting them to Fromhomewithlove. You will receive no compensation for any use of your Submitted Materials. Fromhomewithlove may, but is not required to, post or use any of your Submitted Materials that you may post or otherwise submit. Fromhomewithlove may remove any posted or Submitted Materials from the Site for any reason without notice in our sole discretion. By posting or submitting your Submitted Materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your Submitted Materials, including all the rights necessary for you to post or submit your Submitted Materials.
You are solely and entirely responsible for all of your Submitted Materials that you post or otherwise submit via the Site. You shall assume all risks associated with the use of your Submitted Materials including any reliance on the accuracy, completeness or usefulness of your Submitted Materials. Fromhomewithlove does not guarantee the accuracy, integrity or quality of Submitted Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to Submitted Materials from others that are offensive, indecent or otherwise objectionable.
At any time in Fromhomewithlove's discretion, Fromhomewithlove may impose a cap on the amount of Submitted Material that may be submitted to the Site, or on the amount that may be used by any one user.
Any revisions or other derivative works that Fromhomewithlove or its contractors creates from the Submitted Materials are referred to in these Terms and Conditions as 'Work Product.’ As between Fromhomewithlove and you, Fromhomewithlove shall retain ownership of all of your Submitted Materials, and any revisions or derivative works thereof, including the Work Product, and shall have the rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Submitted Materials and Work Product, with or without having your name attached to such images and materials, in any manner of form and for any purpose. You are advised to retain copies of Submitted Materials and should not rely on Fromhomewithlove to retain copies of Submitted Materials. Fromhomewithlove is not responsible for loss or damage to Submitted Materials, or for your or Fromhomewithlove's removal, or failure to remove Submitted Materials from the Site.
5. Orders for Services: You may order Services from Fromhomewithlove through the Site only if, and you hereby represent and warrant that,: (a) you are domiciled in the United States and you are 18 years old or older; and (b) either (i) you are retaining Services on your own behalf and in your capacity as an individual; you own all rights, including without limitation all intellectual property rights, in and to any Submitted Materials; and you have the right and authority to retain the Services from Fromhomewithlove pursuant to these Terms and Conditions, or (ii) you are retaining Services on behalf of your company or another entity or third party and in your capacity as an employee or other agent of such company, entity or third party; your company or such other entity or third party owns all rights, including without limitation all intellectual property rights, in and to any Submitted Materials; and you have the right and authority to retain the Services from Fromhomewithlove pursuant to these Terms and Conditions and you are authorized to act on behalf of and to legally bind your company or such other entity or third party to these Terms and Conditions. You agree to pay in full the prices for any Services you retain, including without limitation all applicable taxes, either by credit/debit card concurrent with your online order or by other payment means acceptable to Fromhomewithlove.
6. Proprietary Rights in the Site: As between you and Fromhomewithlove, Fromhomewithlove owns, solely and exclusively, all rights, title and interest in and to the Site, all the content, code, data and materials thereon, the look and feel, design, arrangement and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. You hereby acknowledge that your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial distribution, publishing or exploitation of the Site is strictly prohibited. You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your internal and personal use only, provided that you shall not alter or delete any author attribution, trademark legend, or copyright or other proprietary notices on any such copies. You may not otherwise copy, reproduce, republish, frame, download, transmit, distribute, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any portions of the Site, or the selection and arrangement of the Site, otherwise exploit any content, code, data or materials on or through the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our content, trade names, trademarks or service marks.
7. Trademarks: The Fromhomewithlove mark and logo are trademarks of Fromhomewithlove and may not be used without Fromhomewithlove's prior written consent, and in any event may not be used in connection with products and/or services that are not related to, associated with, or sponsored by Fromhomewithlove, that are likely to cause customer confusion, or in any manner that disparages or discredits Fromhomewithlove or its affiliates. All other trademarks, logos and service marks not owned by Fromhomewithlove that appear on the Site, if any, are the property of their respective owners and may not be used without the prior written consent of such owners.
8. User Conduct: All interactions on the Site must comply with these Terms and Conditions. Although we welcome and encourage user interaction on this Site, we do insist and require that all customers and users restrict any and all activity in connection with the use of the Site to that which involves lawful purposes only. You warrant and agree that, while using the Site, you shall not upload, post or transmit to, or distribute or otherwise publish through, the Site any materials (including, without limitation, Submitted Materials) that:
(a) violate or infringe in any way upon the rights of others, including without limitation the infringement of third party intellectual property that is protected by third party copyright, or other proprietary or intellectual property rights;
(b) are unlawful, threatening, abusive, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, inappropriate, indecent, lascivious, lewd, profane, obscene, racist, excessively violent, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
(c) in the discretion of Fromhomewithlove, restrict or inhibit any other user from using and enjoying the Site;
(d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law; or
(e) contain a virus, Trojan horse, worm, time bomb, cancelbot, easter egg, corruptive file, or other harmful or disruptive component or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not:
(i) impersonate any person or entity or misrepresent your affiliation with any other person or entity, or in any way create a false identity for the purpose of misleading others;
(ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained on or through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material), or otherwise advertise or perform any religious, political or commercial solicitation in connection with your use of the Site;
(iii) engage in spamming, flooding, transmission of bulk communications, harvesting of personal information, spidering, 'screen scraping,' 'database scraping,' or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Site; or
(iv) attempt to gain unauthorized access to, or disrupt or interfere with the security of, or otherwise cause harm to, the Site or any systems resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not collect, harvest, mine or engage in any other activity to obtain or attempt to obtain any materials or information, including without limitation e-mail addresses, phone numbers and other User Information, through any means not intentionally made available or provided for through the Site.
Fromhomewithlove has the right, but not the obligation, to monitor the Site and to remove material from the Site at its discretion.
9. Third Party Web Sites: The Site may include links that will take you to other web sites outside of the Site (collectively, 'Linked Sites'). Fromhomewithlove has no control over the Linked Sites and you therefore acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through any Linked Site. You further acknowledge and agree that Fromhomewithlove is not responsible for any form of transmission received from a Linked Site. The Linked Sites are provided by Fromhomewithlove as a convenience, and links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
10. Linking to the Site: Unless otherwise set forth in a written agreement between you and Fromhomewithlove, if you include a link from any other web site to the Site, you must adhere to Fromhomewithlove's linking policy as follows:
· Any link to the Site must be a text only link clearly marked 'Fromhomewithlove web site';
· The appearance, position, context and other aspects of the link may not be such as to damage or dilute the goodwill associated with Fromhomewithlove's names and trademarks;
· The link must 'point' to a full version of the HTML formatted home page of the Site at www.Fromhomewithlove.com, and not to other pages within the Site;
· The appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored or endorsed by, affiliated with, or associated with Fromhomewithlove;
· The link shall not in any manner surround or obfuscate the Site with any third party content, materials or branding;
· When 'clicked on' by a user, the link must display the Site in a new browser window on full-screen and not within a 'frame' on the linking web site; and
· Fromhomewithlove reserves the right to insist that any link to the Site be discontinued, and revoke our consent to the link at any time and in our sole discretion.
11. Copyright Agent: We respect the intellectual property rights of others, and require that the people who use the Site do the same. Fromhomewithlove will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Fromhomewithlove will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the 'DMCA'). If you believe that your work has been copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services, please forward the following information to Fromhomewithlove's Copyright Agent, designated as such pursuant to the DMCA, named below:
· Information sufficient to permit Fromhomewithlove to contact you, such as your address, telephone number, and email address;
· A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
· A description of where the alleged infringing material is located on the Site;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; and
· A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Fromhomewithlove's designated agent for notice of claims of copyright infringement can be reached as follows:
James Francis Group, Inc.
P.O. Box 135
Landing, NJ 07850
The designated agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services.
12. DISCLAIMER OF WARRANTIES: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED BY FROMHOMEWITHLOVE 'AS IS,' 'AS AVAILABLE,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FROMHOMEWITHLOVE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION, DATA, DATA PROCESSING, CONTENT, UPTIME, AVAILABILITY, ACCURACY, SECURITY, USEFULNESS OR UNINTERRUPTED ACCESS OF OR TO THE SITE. FROMHOMEWITHLOVE HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES.
FROMHOMEWITHLOVE HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, 'TIPS AND TRICKS,’ FREQUENTLY ASKED QUESTIONS DOCUMENTS, 'HOW TO VIDEOS,’ AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH FROMHOMEWITHLOVE OR ITS AFFILIATES, EMPLOYEES OR CONTRACTORS.
YOU ACKNOWLEDGE AND AGREE THAT FROMHOMEWITHLOVE SHALL PROVIDE THE SERVICES, AND OTHER RESULTS OF THE SERVICES 'AS IS' AND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR RECEIPT OR USE OF THE SERVICES OR YOUR FOLLOWING OF ADVICE PROVIDED BY OR THROUGH FROMHOMEWITHLOVE. FROMHOMEWITHLOVE EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY WAIVE, ALL WARRANTIES EXPRESS OR IMPLIED, AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ALL LIABILITIES OR OBLIGATIONS OF FROMHOMEWITHLOVE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (I) FROMHOMEWITHLOVE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES, (II) FROMHOMEWITHLOVE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SERVICES OR MATERIALS, (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK, AND (IV) FROMHOMEWITHLOVE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES. THE PARTIES AGREE THAT THE SERVICES' FAILURE TO CONFORM TO ANY APPLICABLE DESCRIPTIONS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN. FROMHOMEWITHLOVE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE, OR THAT ERRORS WILL BE CORRECTED.
WE MAKE NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET ANY USER'S EXPECTATIONS, REQUIREMENTS OR NEEDS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ON OR THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY OR REPRESENTATION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
FROMHOMEWITHLOVE DOES NOT WARRANT THAT (I) THE SITE, SERVICES, OR INFORMATION CONTAINED THEREIN IS ACCURATE OR THAT ANY GENERAL OR PARTICULAR OR CORRECT RESULT CAN OR WILL BE ACHIEVED FROM YOUR APPLICATION OR USE THEREOF, (II) ANY DEFECTS OR ERRORS IN THE SITE, SERVICES WILL OR CAN BE CORRECTED. THE SITE AND SERVICES MAY BE OUT OF DATE AND FROMHOMEWITHLOVE MAKES NO COMMITMENT TO UPDATE THE SITE AND SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FROMHOMEWITHLOVE WILL HAVE NO LIABILITY RELATED TO USER SUBMITTED MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. FROMHOMEWITHLOVE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS MODIFICATION OR UNAVAILABILITY OF ANY USER SUBMITTED MATERIALS.
THE USE OF THE SITE, SERVICES OR MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES. FROMHOMEWITHLOVE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES. FROMHOMEWITHLOVE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO SIXTY (60) DAYS.
13. LIMITATION OF LIABILITY: IN NO EVENT SHALL FROMHOMEWITHLOVE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE 'PROTECTED ENTITIES') BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST BUSINESS OR LOST SALES, WHETHER OR NOT FORESEEABLE OR IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO:(1) THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICES, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE; (3) ANY DEALINGS WITH VENDORS, MERCHANTS OR OTHER THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY COMMON CARRIERS OR SHIPMENT PROVIDERS; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; (9) THE CONSUMPTION OF ANY FOOD DELIVERED IN CONNECTION WITH THE SITE, THE SERVICES AND/OR THE MATERIALS; OR (10) ANY FAILURE BY CUSTOMERS, USERS OR THIRD PARTIES TO FOLLOW OR COMPLY WITH INSTRUCTIONS OR PROCEDURES PROVIDED BY FROMHOMEWITHLOVE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO PREPARATION OF MATERIALS, PACKAGING AND STORAGE OF FOOD; THE READING AND REMOVAL OF THE ‘TIMESTRIP’ TIME-TEMPERATURE INDICATOR; THE USE OF MATERIALS OTHER THAN IN THE MANNER IN WHICH THEY ARE INTENDED FOR USE; THE USE OF CARRIERS UNAFFILIATED WITH FROMHOMEWITHLOVE TO SHIP THE MATERIALS; AND THE RE-USE OF MATERIALS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL ANY OF THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY SUBMITTED MATERIALS OR OTHER CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (UPON ANY CLAIM OR CAUSE OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO FROMHOMEWITHLOVE FOR THE SERVICES TO WHICH THE CLAIM OR CAUSE OF ACTION RELATES.
NO CAUSE OF ACTION WHICH ACCRUED MORE THAN ONE(1) YEAR PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST FROMHOMEWITHLOVE.
FROMHOMEWITHLOVE RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE HEREUNDER, AT LAW AND IN EQUITY, FOR VIOLATIONS OF THESE TERMS AND CONDITIONS OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO THE RIGHT TO BLOCK ACCESS FROM A PARTICULAR INTERNET ADDRESS TO THE SITE.
14. Indemnification: You agree to defend, indemnify and hold Fromhomewithlove and its directors, officers, employees, contractors, agents, affiliates and other partners harmless from any and all claims, demands, actions, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, out of or in connection with (a) your access to or use of the Site or use or receipt of the Services (including any use by your employees or agents and all uses of your user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services), (b) your placement or transmission of any message, content, information, software or other materials through the Site (including, without limitation, Submitted Materials), (c) your connection to the Site, (d) your access to or use of Linked Sites and your connections thereto, (e) your infringement of any third party's intellectual property or other proprietary rights, or (f) your actual or alleged breach or violation of any law, rule or regulation or of these Terms and Conditions.
15. Applicable Laws: This Site can be accessed from countries around the world and may contain references to Fromhomewithlove products, services and programs that are not available in your country. These references do not imply that Fromhomewithlove intends to announce such products, services or programs in your country. We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations outside the United States, and access to the Site from territories where the Site, Services or Materials are illegal is prohibited. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Force Majeure: Fromhomewithlove shall not be liable to you for any delay or failure to perform any of the Services, deliver any Materials or perform any other obligations due to causes beyond its reasonable control, including, without limitation, acts of God, fire, storm, flood, drought, epidemic, failure or default of public utilities or common carriers, accidents, earthquakes, acts of the public enemy, war, civil commotion, terrorism, rebellion, insurrection, riot, invasion, labor disturbances, strike or lockout. Performance times shall be considered extended for a period of time equivalent to the time lost because of such delay. Without limiting the foregoing, Fromhomewithlove's time of performance shall be lengthened, if and to the extent reasonably necessary, in the event that you fail to provide information or materials as requested by Fromhomewithlove on a timely basis.
17. Modifications to the Site: We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or Services offered via the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. Fromhomewithlove reserves the right to temporarily or permanently terminate your registration on the Site for any or no reason without prior notice.
18. Notices: Any legal notice required or permitted under these Terms and Conditions shall be in writing and shall be deemed to have been duly given upon receipt or rejection. Any such notice or communication shall be delivered or directed: (a) if to you, to the e-mail or postal address provided by you upon registering on the Site, or another e-mail or postal address later provided by you to Fromhomewithlove via the 'My Account' page in your account on the Site and (b) if to Fromhomewithlove, to:
James Francis Group, Inc.
P.O. Box 135,
Landing, NJ 07850
19. Miscellaneous: The Terms and Conditions, all matters relating to your access to or use of the Site, and the relationship between you and us shall be governed by the laws of the State of New Jersey, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New Jersey, County of Sussex. You agree to submit to the personal and exclusive jurisdiction of the courts located within Sussex County in the State of New Jersey. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. Fromhomewithlove is acting as an independent contractor with respect toyou. Fromhomewithlove has the right to use subcontractors to perform Services or any other obligations. You shall not have the right to assign this agreement, or your rights or obligations hereunder without the prior written consent of Fromhomewithlove. These Terms and Conditions constitute the entire agreement between Fromhomewithlove and you and other users of the Site with respect to the subject matter hereof and there are no representations, understandings or agreements relative hereto which are not fully expressed herein. The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.
20. Payments: You have the option of paying for Services and Materials with your credit or debit card, or through your PayPal account. If you have provided Fromhomewithlove with your credit or debit card for payment or chosen to pay via PayPal, all charges that you incur for access to and use of the Services and Materials will be applied to the credit or debit card number you provide to us or to such PayPal account, as applicable. You are responsible for maintaining your PayPal account, and providing and updating all credit or debit card information required for Fromhomewithlove to apply valid charges to the card or PayPal account. Fromhomewithlove may take commercially reasonable actions to validate your credit or debit card. If payment is not received by us from your credit or debit card issuer or its agents or through PayPal, you agree to pay all amounts due upon demand by us. If you fail to pay any amount payable hereunder when due, you agree to pay, in addition to any amount past due, interest on the amount past due at a rate of 1.5% per month (or the highest rate permitted by law, if less), and all reasonable expenses incurred by Fromhomewithlove in enforcing these Terms and Conditions, including, but not limited to, all expenses of any legal proceeding related thereto and all reasonable attorneys' fees incurred in connection therewith. Notwithstanding anything to the contrary contained herein, in the event you have not paid any invoice amount by its due date, or should your credit or debit card number or PayPal account expire or terminate, or should Fromhomewithlove otherwise be unable to apply valid charges to the card number or PayPal account, Fromhomewithlove, at its sole option and without any liability to Customer or any third party hereunder, shall have the right to suspend all Services until such time as all unpaid amounts have been paid by such Customer. All payments are non-refundable, except as otherwise expressly provided herein.
As described in our shipping policy below, you may opt to use a third party shipping account for payment with respect to shipments to your desired recipient. If any such third-party shipping account defaults on payment, then Fromhomewithlove shall be entitled to charge your account for unpaid amounts, using the payment information provided by you in connection with the transaction fee charged for opting to use a third party shipping account.
21. Cancelations: You may cancel any order prior to the shipping of such order, but not after. You may do so via the 'My Account' section of our website, or by calling the Customer Service department at 800.852.0953 x 1.
22. Shipping Policy: When ordering Materials from the Site, the shipping fees may be paidby credit, debit card, or via PayPal. When 'Scheduling a Pickup' for the delivery of your homemade meal to your desired recipient, you will be required to select, through the Site, an outside third party shipping carrier of your choosing from among the carriers offered on the Site. The shipping fees for these shipments may be paidby credit or debit card, via PayPal or by opting to use a third party shipping account number. In the event you choose to utilize a third-party shipping account for your orders, you may be subject to a transaction fee. If any such third-party shipping account defaults on payment, Fromhomewithlove shall be entitled to charge your account for unpaid amounts, using the payment information provided in connection with the aforementioned transaction fee.
If your package does not arrive within the specified time indicated by the carrier, you may request a credit. Please keep in mind only certain deliveries may come with guaranties regarding delivery time. If you notify Fromhomewithlove of a delivery failure within 48 hours of your scheduled delivery, we will request a carrier credit on your behalf. You understand and acknowledge that Fromhomewithlove is not responsible if any such carrier denies your request for a carrier credit.
For any carrier or shipping company to guarantee delivery, it must be provided with proper and complete addresses and phone numbers. Only USPS, and FedEx Smart Post, can make deliveries to P.O. Boxes or A.P.O and F.P.O addresses.
Due to import/export restrictions, Fromhomewithlove is unable to ship products outside the United States.
Shipping Policy for In-stock Items:
All Materials and similar items indicated to be in-stock are shipped on a same-day basis if the order is placed before 01:00 PM Eastern Time on a business day. In-stock items ordered after 1:00 PM Eastern Time will be shipped on the following business day.
Out of Stock Policy:
Our inventory can fluctuate throughout the day, so an item indicated as 'in-stock' when you place your order may, in fact, be out of stock. In such an event, Fromhomewithlove will make every effort to contact you by email immediately to notify you that your order will be placed on backorder. Most out-of- stock items are restocked within two (2) weeks.
23. Return Policy: All Materials and components sold are designed to be used for no more than three (3) shipments, with the exception of the Gel Packs, Food Containers and Time Temperature Indicators. The Gel Packs, Food Containers and Time Temperature Indicators are single use only. Fromhomewithlove will provide enough of these single use components to support three (3) shipments with each kit sold. All materials and components come with a thirty (30) day limited warranty. In the event you receive any defective Materials or other products, or any Materials are missing from your order, you may report such defective or missing Materials to Fromhomewithlove within thirty (30) days of your receipt of such Materials, and Fromhomewithlove will send you replacement non-defective Materials, as soon as such Materials are available, at no additional cost to you. For assistance or to exchange a defective product, please call Fromhomewithlove customer support at 1.800.852.0953.
24. Refund Policy:
There will be no refunds for any reason; if you receive defective Materials or Materials are missing from your order, please refer to Fromhomewithlove's return policy above. All merchandise, including Materials, sold by Fromhomewithlove is sold as-is without any guarantee. By purchasing Services and/or Materials from Fromhomewithlove, you are confirming that you have read and understand our no refund policy. Neither Fromhomewithlove nor the shipping carriers can be held responsible for shipments that are spoiled due to packages left unattended after delivery to your location. Fromhomewithlove is not responsible for any delays or damage suffered incurred during shipping; however, any possible refund for such delays or damage are subject to the respective refund policies of individual shipping carriers.
25.Questions: If you have any questions, comments or concerns about these Terms and Conditions, the Site or the Services, please contact us at Webmaster1@Fromhomewithlove.com.