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Terms of Use

Last Modified: June 7, 2021

GENERAL

Foodie Fix, LLC dba Bitefull Box. ("Bitefull Box", "us" or "we"), owns and operates http:// www.bitefullbox.com (the “Website”). These Terms of Use and Sale ("Terms") constitute a legally binding agreement made by and between Bitefull Box and you as the user of the Site (personally and, if applicable, on behalf of the third party for whom you are using the Site; Collectively, “User,” “Customer,” or “you”). These Terms, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your use of the website content, membership, and other goods/services we make available on the Website.

1.1 Acceptance of Terms of Use. Please read the Terms of Use carefully before you start to use the Website. By using any part of the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you agree that you have read and understood these Terms and accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

If you have any questions about these Terms, please contact us by email at hello@bitefullbox.com.

1.2 Eligibility. This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1.3 License to Use the Website. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, nontransferable, and revocable right to access the Site and use the Services for your personal, non-commercial use. Bitefull Box reserves the right to monitor your usage of the Services for the purpose of determining that it complies with these Terms of Use.

1.3 Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Sites; (b) use the Service or Sites commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Sites (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, Sites, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or Sites; (g) collect information about users of the Services or the Sites; (h) violate, misappropriate or infringe a third party's intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party's ability to use or enjoy, or our ability to provide, the Services or Sites.

1.4 Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
    1. Account Registration. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    2. Account Login. To provide access your account, we will send a link to you by email and verify your identify through that link.
    3. No Obligation to Maintain Your Account. Bitefull Box has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Goods/Services. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
    4. Privacy Policy. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

PURCHASES AND MEMBERSHIPS

3.1 General Terms. The Bitefull Box Website enables customers to make non-recurring orders and/or recurring orders. Bitefull Box’s recurring orders are accomplished through a membership option (“Membership”) at purchase. Please review these Bitefull Box membership terms carefully and make sure you understand them before enrolling. They contain important and relevant information regarding any membership you may purchase, including renewal and cancellation terms.

3.2 Automatic Renewal. Memberships are continuous and automatically renew unless you cancel your Membership or we otherwise terminate your account.

3.3 Membership Benefits. A Membership consists of an initial product box and an a subsequent box sent out each quarter thereafter.

3.4 Membership Billing. Upon signing up for a quarterly box, Bitefull Box charges your account $60.00 USD (plus taxes if applicable) as a non-refundable minimum purchase. Depending upon purchase date, the specific box you receive as a first-time subscriber is subject to availability. Your Membership will then continue according to our quarterly schedule. Quarterly shipments are made in March, June, September and December. Your credit or debit card will be charged $60.00USD at the time your quarterly boxes are shipped. As a subscribing member, you will not be charged shipping. Purchases made by non-members are subject to shipping charges.

3.5 Membership Cancellation Policy. You may cancel your Membership with us at any time. There are no cancellation fees. We do not place "holds" on Memberships. In order to cancel your Membership, you must do one of the following:

  1. email us at hello@bitefullbox.com, indicate that you wish to cancel your Membership, and follow the instructions that we send you in response; or
  2. log into your Member Account, navigate to the "Manage Subscription" link or "My subscription and orders" tab, choose Cancel, and follow the instructions.

Cancellations must be effected prior to the 1st of the month for each quarterly shipment. Cancelling your Membership does not provide you a refund for Membership payments already processed, nor does it stop a pending charge. Your cancellation will go into effect for the following billing cycle.

3.6. Non-Recurring Orders. Members may purchase additional, non-recurring Boxes subject to quantity limits at the discretion of the Company. Additional, non-recurring Boxes purchased by Members are not subject to renewal, and are subject to shipping charges.

    1. Taxes and Shipping and Handling. Bitefull Box uses United Parcel Service and United States Postal Services for shipping orders. Upon request, Members may choose to send their orders to a different address than their own within the contingent United States. Shipping to Alaska and Hawaii is paid by the member. Stated prices for Membership and other products do not include any customs, duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase. Please also note that shipping and handling fees currently apply to all shipments outside the contiguous United States for Members and to non-recurring Boxes ordered by nonMembers and members who order boxes beyond their recurring membership.
    2. Transfer of Payment Data. As stated in our Privacy Policy, we may provide your billing information to our third-party payment processors, other service providers, and certain trusted third parties.

TERMS OF SALE

The following terms apply to your purchase of the products offered on the Website, whether by way of a Membership, “add-on” product, or otherwise (“Products”).

4.1 Product Descriptions. We try to make the Website thorough, accurate, and helpful for you. Nonetheless, there may be times when certain information contained on the Website may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Website or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

4.2 Availability and Pricing. Bitefull Box reserves the right to change the prices and available Products and Memberships at any time. Any Membership you have already paid for will not be affected by such change for the then-current term of the Membership. Quantities of some Products may be limited and stock cannot always be guaranteed.

4.3 Purchasing Products. The display of Products on the Website invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.

4.4 Orders. We have the right to refuse or limit any orders, limit quantities, and Memberships. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. To the extent legally permissible, we reserve the right to provide substantially similar products to fulfill your order.

4.5 Returns. We do not allow returns or substitutions of Products to Bitefull Box or any Bitefull Box brand partners and/or vendors. All sales are final.

4.6 Defective Products. Bitefull Box obtains many of its Products from third parties. In the event that there is any quality issue, recall or other issue with a Product, Bitefull Box’s liability is limited as set forth blow in Section 7. If Bitefull Box receives information regarding a quality issue or recall from a manufacturer, Bitefull Box will pass the information along to our subscribers.

4.7 Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.

4.8 Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make, including regularly for Memberships, which automatically renew. We accept the forms of payment stated on the Site and, for credit and debit card payments, charge your credit or debit card when your order is processed. The bank issuing your credit or debit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Goods/Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

4.9 Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

4.10 Taxes. Stated prices do not include any sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

4.11 Personal Use Only. Products are for your personal use only. You agree not sell or resell any Products you purchase or otherwise receive from us in connection with your Membership. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.

INTELLECTUAL PROPERTY

5.1 Generally. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, where applicable.

5.2 Trademarks. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bitefull Box or its affiliates or licensors. You must not use such marks without the prior written permission of Bitefull Box. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5.3 Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Robert R. Lech, Esq.

Lech Law, LLC+ 1 614-530-1284rrlech@lechlaw.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

5.4 Counter Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

5.4 Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

DISCLAIMER OF WARRANTIES

6.1 Your Rights May Vary. Some states may not allow the exclusion of implied warranties. So, the exclusions below may not apply to you. You may have other rights which may vary from state to state.

6.2 Malicious Code. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

6.3 Disclaimer of Warranties. THE SITES, SERVICES AND PRODUCTS ARE

PROVIDED "AS AVAILABLE" AND "AS IS," WITH NO REPRESENTATIONS OR

WARRANTIES OF ANY KIND. BITEFULL BOX DISCLAIMS TO THE FULLEST EXTENT

PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BITEFULL BOX DOES

NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.

6.4 Use of Site is at Your Own Risk. BITEFULL BOX DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE

UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL

CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. FABFITFUN MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE

THAT THE PRODUCTS, SITES OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. BITEFULL BOX WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITES, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. BITEFULL BOX MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

6.5 No Responsibility for Third Party Materials. BITEFULL BOX DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITES, AND BITEFULL

BOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. BITEFULL BOX WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

7.1 Limitations Generally. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR

SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT

LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,

LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7.2 Liability is Limited to Amount Paid. IN ANY EVENT, OUR AGGREGATE LIABILITY

WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) TO WHICH THE

CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. IF

THE CLAIM RELATES TO ONLY A PORTION OF A PURCHASE, OUR LIABILITY IS LIMITED TO THE PORTION OF THE PURCHASE TO WHICH THE CLAIM/PRODUCT RELATES.

7.2 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BITEFULL BOX, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING

REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTRIBUTIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE, OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE.

We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.

TERMINATION; SURVIVAL

9.1 Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Sites, temporarily or permanently, for any reason or no reason at all, at any time and without prior notice.

9.2 Modification and Termination of Sites and Services. We may modify or terminate the Sites or the Services, your access to the Services, in part or as a whole, at any time, for any or no reason, and without notice or liability to you.

9.3 Suspension or Termination. We may deny you access to all or part of the Sites at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all. If we terminate for no reason your right to access the Sites, we will fulfill our obligations to you related to any order outstanding at the time of termination.

9.4 Effect of Termination. If you terminate your account, you will remain liable under these Terms for any purchase made prior to termination. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: 1.3, 2, 4.5, 5 through 8, 9.4, 10, and 11.

DISPUTES

You and Bitefull Box agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Bitefull Box in any way (collectively, "Covered Matters") will be resolved in accordance with the provisions set forth in this Section 10.

10.1 Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at legal@bitefullbox.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

10.2 Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of Ohio, without regard to conflict of laws principles, will govern all Covered Matters.

10.3 Arbitration. At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

10.4 Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that arbitration is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and must be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, in each case located in Columbus, Ohio, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

GENERAL TERMS

11.1 Force Majeure. Under no circumstances shall Bitefull Box or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

11.2 No Waiver; Severability. No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Bitefull Box to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

11.3 Miscellaneous.

11.3.1 These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and Bitefull Box and govern your use of the Site, Services and products provided by Bitefull Box. You also may be subject to additional terms that may apply when you enter into a contract of sale with us, or use certain Bitefull Box Services or third-party content, links or websites.

11.3.2 These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Bitefull Box without restriction.

11.3.3 These Terms bind and inure to the benefit of each party and the party's successors and permitted assigns

11.3.4 These Terms may not be modified by an oral statement by a representative of Bitefull Box. A party's failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms.

13.3.5 No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms.

13.3.6 You agree to comply with all applicable laws in your use of the Site and Services.

13.3.7 You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

13.3.8 These Terms will not be construed against the drafter.

13.3.9 "Include(s)" or "including" means, respectively, "include(s), without limitation," or "including, without limitation,", unless expressly stated otherwise.

11.3.10 If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.

11.4 Use Outside the United States of America. The Sites are controlled and offered by FabFitFun from the United States of America for use by customers in the United States, Canada and certain parts of Europe. FabFitFun makes no representations that the Sites are appropriate for use in other locations. Those who access or use the Sites from other locations do so at their own risk and are responsible for compliance with local law.

11.5 Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:

Bitefull Box

PO BOX 728

Powell OH 43065 USA

Or hello@bitefullbox.com

COMMENTS

This website is operated by Foodie Fix LLC d/b/a Bitefull Box, of; PO Box 728 Powell OH 43065.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy, above, in the manner and by the means set out herein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [hello@bitefullbox.com].

Questions? If you have any questions, please contact us at: hello@bitefullbox.com

Bitefull Box PO BOX 728 Powell OH 43065