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Terms & Conditions

Last updated on November 23, 2016.

Welcome to Smushed Organics! Please read the following terms and conditions (‘Terms’) carefully as they govern your use of Smushed Organics’ website, email, and mobile application that refer to or directly link to these Terms.  Smushed Organics’ website, email, mobile application, and overall service will be referred to as the ‘Service’.   By using Smushed Organics’ Service, you are acknowledging that you have read, understood, and agree to be legally bound by these Terms.  Please do not access or use the Service if you are unwilling or unable to be bound by these Terms.

We may modify the following Terms at any time, within our own discretion.  If we do, we will notify you that we have by either calling your attention to the changes on the website or by notification through other communications. Please review the updated Terms whenever we modify them. Any modifications will be effective upon our posting of those new Terms.  We will indicate at the top of this page the date that revisions were last made. You acknowledge that your continued use of our Services after those modifications have been made, will indicate that you agree to and are legally bound by the newly modified Terms.  If you do not agree to the modified Terms, please discontinue use of our Services. Smushed Organics Services will continue to evolve over the course of time, and we may update or discontinue all or any part of our Services at any time, without notice, and at our sole discretion.

We wholeheartedly believe that you and your child will love Smushed Organics Service. We will work hard to help resolve any issues you might have.  If you have or encounter any issues or concerns at all, please do not hesitate to contact us at info@smushedorganics.com. That said, if for any reason we are not able to come to a resolution, please be advised that this agreement contains provisions that would govern the approach for how we resolve any dispute, through mediation and arbitration.

Definitions

A. Parties
'You' and 'your' refer to you, as a user of the Service who accessesor in any way uses the Service. 'We', 'us', and 'our' refer to Smushed Organics.

B. Content
     1. 'Content' refers to text, images, photos, video, location data, and all other forms of data or communication.    
     2. 'User Content'' refers to Content that users submit or transmit to, through, or in any way connected with the Service.
     3. 'Your Content' refers to Content that you submit or transmit to, through, or in any way connected with Smushed Organics Services, such as posts, comments, ratings, and any other information that you publicly display or is displayed in your account profile.
     4. 'Smushed Organics Content' refers to Content that we create and make available in connection with the Service.
     5. 'Third Party Content' refers to Content that originates from parties other than Smushed Organics or its users, which is made available in connection with the Service.
     6. 'Service Content' refers to all Content that is made available in connection with the Service, including User Content, Your Content, Smushed Organics Content, and Third Party Content

Services Description

A. Service Overview
Smushed Organics offers a weekly subscription to a unique organic baby food delivery service, which provides you and your baby with homemade baby food made from fresh organic fruits and vegetables, and delivers them directly to your door or other preferred location. Our mission is to help parents set their children up for a healthy life, providing delicious baby food that expands your baby’s palate and is sourced and made responsibly from the fresh, organic, and seasonal produce. We're passionate about supporting independent, local farmers offering the highest quality, sustainable ingredients, whenever possible. Our chefs test all of our recipes in our commercial kitchen to make sure they are tasty and nutritious.

You may use the Services, if you are at least 18 years of age and are capable of forming a binding contract with Smushed Organics, and are not barred from using the Services under applicable law. If you are under 18 years of age you may not use any of our Services.

All Users have access to our service as described in this Agreement. Non-Registered Users can view all publicly-accessible content. Registered Users will also have the ability to:
      1. Receive weekly delivery of their selected Smushed Organics subscription plan;
      2. Provide feedback in online forums and upload content, including text, photos, videos, (collectively, "User Content");
      3. Sign up for alerts, emails, and our future newsletter; and
      4. Sign up for any future promotions or contests.

We are under no obligation to accept any individual as a Registered User, and may accept or reject any registration in our sole and complete discretion.

B. Registration
During the registration process, you may be asked to provide your name, password, and other additional information necessary to authenticate your identity and assist the processing of your transactions on the Smushed Organics site. Please read our Privacy Policy on how this information will be used. Your account is solely for your personal, non-commercial use. It is important that you provide complete, accurate, and up-to-date information about yourself And that you agree to update that information, as needed. If you do not, we reserve the right to suspend or terminate your account. You also agree that you will not disclose your account password to anyone and that you will notify us immediately if you suspect any unauthorized use of your account.  You are responsible for all activities which occur under your account, whether you are aware of them or not, so please maintain the secrecy and security of your password.

You may not impersonate someone else, create or use an account for any user other than yourself, or provide an email address other than your own. We reserve the right to close your account at any time and for any or no reason.

C. Subscription Service Fees
To become a Registered User with Smushed Organics and receive weekly delivery of Smushed Organics' delicious baby foods, you will select a package or packages from the options we offer.  We charge you a weekly subscription fee which will be posted on our website. We reserve the right to change the subscription fees, and will provide a means for you to opt-out if you choose to do so. Please check our website periodically to learn about our fees.

As part of using the Service, you agree that Smushed Organics may immediately authorize your credit card for payment for any charges incurred under your account. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. All sales are final, but if something unexpected happens during the course of fulfilling your order for any given week, we reserve the right to cancel that order for any reason. If we do cancel that order, we will refund any payment you may have already remitted to us for that week’s order.

By subscribing to Smushed Organics’ Services and entering these Terms, you acknowledge that the Smushed Organics package option you select has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or by Smushed Organics.

If you have a question about any Smushed Organics charge on your credit card statement, please do not hesitate to contact us at info@smushedorganics.com.

D. Ordering & Delivery
Smushed Organics does not deliver to every location. Currently, we are delivering to select areas, namely:
     New Jersey - Hoboken and Jersey City
     New York - Manhattan and select areas in Brooklyn (Please refer to our website for the most up to date listing of supported delivery areas in Brooklyn, NY)

We are actively expanding the reach of Smushed Organics, so we recommend that you continue to check the Smushed Organics website for updates on our delivery coverage areas. If we currently do not deliver to your area, but you would like us to, please email us at info@smushedorganics.com and we will notify you when we launch in your area.
For Registered users:
      1. Your subscription will automatically renew until you cancel it.
      2. You can skip a delivery or cancel your membership at any time.
      3. We currently deliver one day per week (currently Sundays). In the future, we may offer multiple delivery days to provide additional flexibility to our customers. Please review the days we deliver on our website.
      4. We currently offer two different flavor packages, a Classic Pack and a Little Explorer Pack, each having three different flavor profiles/ combinations.  Each Pack is offered as a smooth puree or textured puree. Textured purees may include various grains or legumes to provide their texture. Classic Packs are recommended for children ages 6 months and older.  Little Explorer Packs are recommended for children ages 8 months and older.  Classic Pack flavor profiles generally will remain consistent week over week. Little Explorer Pack flavors will change week to week in order to provide delicious, new flavor profiles to support continuous expansion of your baby's palate. We reserve the right to amend the flavors within our flavor packages at any time. Please review our weekly flavor profiles on our website to view our current offerings.
      5. We use reliable third-party delivery companies such as Deluxe Delivery Systems to deliver your baby foods.
      6. Each order is insulated and packed with cold packs. It is your responsibility to refrigerate your baby foods upon receipt of your package.  Once your package is delivered, you agree to assume all responsibility for your package and its contents and that Smushed Organics is released of all liability for its proper storage and use from that point forward.
      7. If you are not home, we will leave the package at your door unless you provide alternate instructions for this scenario. In the case of delivery to a doorman-attended apartment building, we will leave the package with your doorman.
      8. If no one is available to receive your package, we will use commercially reasonable efforts to re-deliver your package and charge you a standard re-delivery fee.
      9. If we are unable to deliver the item to you for any reason, your order that week will be canceled and you will be charged the applicable cancellation fee.
    10. In case of bad weather, we will deliver your order as quickly as possible, conditions permitting. If we cannot make the delivery, we will notify you of a newly rescheduled delivery time.
     

Usage Guidelines

Please follow some basic rules that will make Smushed Organics a fun experience for all our customers.

A. You agree not to, and will not assist, encourage, or enable others to use the Service to:
      1. Violate our content guidelines, such as by writing,requesting, or compensating someone to write any fake or defamatory comments on our website;
      2. Violate any third party's rights, such as copyrights, trademarks, patents, or any other intellectual property or proprietary rights;
      3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
      4. Promote any business or other commercial venture or event, or otherwise use the Service for commercial purposes, unless expressly permitted by Smushed Organics;
      5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
      6. Engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
      7. Solicit personal information from minors, or submit or transmit pornography; or
      8. Violate any applicable law.

B. You also agree not to, and will not assist, encourage, or enable others to:
      1. Violate the Terms;
      2. Reproduce, modify, adapt, translate, create derivative works or adaptations of, publicly display, or in any way exploit Smushed Organics’ Service or Service Content (other than Your Content), unless expressly authorized by Smushed Organics;
      3. Reformat or frame any portion of the Service;
      4. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
      5. Reverse engineer any portion of the Service;
      6. Use any service, process or other means to access or retrieve in any way, any portion of the Service or any Service Content;
      7. Use any meta tags or other hidden text or metadata utilizing Smushed Organics’ trademark, logo URL, brand, or name without unless expressly authorized by Smushed Organics;
      8. Access, retrieve or index any portion of the Service unless expressly authorized by Smushed Organics;
      9. Record, process, or mine information about other users;
   10. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to Smushed Organics’ Service through hacking, password mining or any other means;
   11. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Smushed Organics’ technology infrastructure or otherwise make excessive traffic demands of Smushed Organics’ Service;
   12. Use the Service or any Service Content to transmit any computer viruses, defects, or other items of a destructive nature (collectively, 'Viruses');
   13. Use any device, software or other means to attempt to and/or cause harm to or interfere with the proper working of the Service or Service Content;
   14. Avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measure implemented by Smushed Organics or any of Smushed Organics’ providers or any other third party (including another user) to protect the Site, Services, or any of their Content; or
   15. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of Smushed Organics’ Service.

Content Guidelines

A. Responsibility for Your Content
You acknowledge and agree to the following:
      1. You are solely responsible for Your Content, and once published, it cannot always be withdrawn. You acknowledge this and assume all risks associated with Your Content, including its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable.
      2. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content.
      3. You may not state or imply that Your Content is in any way sponsored or endorsed by Smushed Organics. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any laws.

B. Our Right to Use Your Content
You acknowledge and agree to the following: 
      1. We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it.
      2. You hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sub-licensable, transferable rights to use Your Content for any purpose.
      3. You irrevocably waive, and cause to be waived, against Smushed Organics and its users any claims and assertions of moral rights or attribution with respect to Your Content. By 'use' we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.

C. Ownership
As between you and Smushed Organics, you own Your Content. We own the Smushed Organics Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content.

We exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that our Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying Smushed Organics’ Services or any Content unless expressly authorized by Smushed Organics.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view the Content solely in connection with your permitted use of our Services and solely for your personal and non-commercial purposes unless expressly authorized by Smushed Organics.

D. Advertising
Smushed Organics and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You acknowledge that you are not entitled to any compensation for such advertisements. The manner, mode and extent of these advertisements are subject to change without specific notice to you.

E. Content Removal
User Content does not necessarily reflect the opinion of Smushed Organics. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion and without notice to you. For example, we may remove a Request if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

F. Submission Guidelines
Smushed Organics allows users to contribute different kinds of content, including photos, reviews, and more. Please use common sense and also read the guidelines below for specific types of content that you might contribute to the Service.
      1. Inappropriate content: Colorful language and imagery are acceptable, but threats, harassment, lewdness, hate speech, and other displays of bigotry will not be tolerated. You acknowledge that we may remove any content we deem, in our sole discretion, to be inappropriate.
      2. Relevance: Please make sure your contributions are relevant and appropriate.
      3. Privacy: Please do not publicize other people's private information. Please do not post close-up photos of other people without their permission and consent, and please do not post other people's full names unless you're referring to Service providers who are commonly identified by their full names. You acknowledge that we may remove any content we deem, in our sole discretion, to violate the privacy of our users and of others.
      4. Intellectual property: Please do not use or post content from other services or users.

If you observe any inappropriate content being used within our Service, please let us know immediately. Likewise, If you observe something that violates our content guidelines, please let us know at info@smushedorganics.com.

return policy & Cancellations

A. Refunds and Replacements
We want to provide you with the best experience for you and your baby. If any of the following apply, please contact us at info@smushedorganics.com and we will refund or replace your weekly order:
      1.Flavor contamination
      2. Jars damaged upon delivery
      3. Food spoiled upon delivery

B. Cancellations
You can cancel your subscription at anytime. Simply cancel your subscription through your Account Page by no later than the TUESDAY of the week prior to the week that you would like to cancel. Your subscription will be cancelled and you will not be charged for the next week’s order. If you are not able to cancel your subscription until after that Tuesday, you will receive your order for the upcoming week, but your subscription will be cancelled after that.  You will be responsible for all subscription fees (plus and applicable taxes and other charges) incurred before the effective date of your cancellation.

If you participate in our Recycling Program, feel free to return your jars as you have in prior weeks, using the same delivery box and return label enclosed in your weekly delivery.   You may also keep them for your own personal use or dispose of them as you would other glass items in your normal recycling pickup at home.

Warranty disclaimer and limitation of liability

We’re confident that you’ll love Smushed Organics, but please understand that you use our Services at your own risk. You agree to hold us, as well as our officers, directors, agents, subsidiaries, joint venturers, and employees (jointly and severally, our “Affiliates”) not liable, to the full extent permissible under all applicable law, for any harm, loss, or damage that may come to you or to anyone else as a consequence of your use of our Services.

YOU, AND NOT SMUSHED ORGANICS, ARE SOLELY RESPONSIBLE FOR THE PROPER STORAGE AND PREPARATION OF THE FOODS DELIVERED. THE SERVICES AND FOODS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR MEALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONSUMPTION OF MEALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO SMUSHED ORGANICS IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SMUSHED ORGANICS HAS MADE EVERY EFFORT TO DISPLAY THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS ISSUES, AND THE AVAILABILITY AND VARIABILITY OF PRODUCT AND RAW MATERIALS. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.

Suggestions and improvements

We welcome any feedback, comments, ideas and suggestions for improvements to Smushed Organics’ Services (“Feedback”). You can submit Feedback by emailing us at info@smushedorganics.com.  By sending us 'Feedback', you acknowledge and agree that your Feedback does not contain the confidential or proprietary information of third parties. You acknowledge and agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback.  You acknowledge that we may have something similar to the Feedback already under consideration or being developed. You also acknowledge and agree that you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Third parties

The Service may include links to other websites or applications (each, a 'Third Party Service'). You acknowledge and agree that we do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk.

indemnity

You will indemnify and hold harmless Smushed Organics, LLC. and our officers, directors, employee, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or (ii) your violation of these Terms.

compliance with applicable laws

The Services are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. Should you access the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

termination of the agreement

A. Our Right To Terminate
We want to keep all users safe and happy, so we reserve the right to disable, suspend, cancel or delete your account for any reason, or to refuse access to any of Smushed Organics’ Services without notice or liability of any kind, if we believe doing so will keep our users safe. Any such action could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information.

B. Your Right to Terminate
You may cancel your account and subscription at any time by visiting your Account page on our website and going through the necessary steps online to cancel your account.

C. Terms That Survive
Upon any termination, discontinuation, or cancellation of Services or your Account, the following Terms will survive: Content Guidelines, Warranty Disclaimer And Limitation Of Liability, and Dispute Resolution. Please review our Privacy Policy for information about what we do with your account when terminated.

digital millenium copyright act

Smushed Organics respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please contact us at info@smushedorganics.com with notice in accordance with the requirements under the Digital Millenium Copyright Act (the “Act”), including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

dispute resolution

Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with us and affects your rights. By agreeing to this Terms of Service, you agree to MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Governing Law
These Terms as well as any claim, cause of action or dispute that might arise between you and Smushed Organics (a 'Claim'), will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.

Agreement to Arbitrate
You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in New Jersey and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/faces/home.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Arbitration Location and Procedure
Unless you and we otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
 
Arbitrator’s Authority and Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.  
 
Changes to Dispute Resolution
Notwithstanding the provisions of the section, above, concerning changes to these Terms or to the Services, if we change this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@smushedorganics.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and we in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). Notwithstanding any provision in these terms to the contrary, we agree that if Smushed Organics makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Smushed Organics.

Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

General Terms

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEALS OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Further:
      1. The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
      2. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
      3. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service.
      4. Any failure on Smushed Organics' part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
      5. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
      6. The Terms are not assignable, transferable or sublicensable by you except with Smushed Organics' prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
      7. The section titles in the Terms are for convenience only and have no legal or contractual effect.

The keep talking about us

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