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Welcome to Good Use. and our Terms of Use (these “Terms”). These Terms are a legal contract between you (“you”, “your”) and Ugly Juice LLC (DBA Good Use). (“Good Use,” “we,” “us,” or “our”) and govern your use of all the text, data, information, software, graphics, photographs and other materials that we make available to you, as well as the services we may provide through our websites (each a “Site”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE OR USING ANY OF ITS FUNCTIONALITY. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

INFORMATION, STATEMENTS AND REVIEWS FROM ONLINE SUBSCRIBERS REGARDING PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURATE OR INCORRECT. Good Use ASSUMES NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH Good Use. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

SECTION 1 – USING THE SITES

By using any Site, you represent that you are at least the age of majority in your state or province of residence, or if you are under the age of majority in your state or province of residence (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and you have received your parent’s or legal guardian’s permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

In order to access certain password-restricted areas of the Sites and to purchase Subscriptions to receive our products, you must successfully register an account with us. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Sites as well as paying related charges. It is also your responsibility to maintain the confidentiality of your account password. Should you believe your password or security for your account has been breached in any way, you must immediately notify us.

By creating a Good Use account, you also consent to receive electronic communications from Good Use (e.g., via email). These communications may include notices about your account (i.e., an email to customize your box each week) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

By providing your mobile phone number to us through the site or in connection with your order, receipt or use of our service, you consent to receive calls or text messages at any such phone number placed by or on behalf of Good Use, including autodialed calls and/or text messages, for operational or transactional purposes, such as updates on the delivery status of your order, billing issues, or customization reminders. You may opt out of calls or text messages at any time by replying to the text message with “STOP” or reaching to our Customer Care team. To reach out, submit a completed form on our Contact page and a Customer Care Associate will respond to your query. Following such opt-out, you may continue to receive calls or messages for a short period of time while Good Use processes your request. Please note, Good Use may send you one additional message to confirm your opt-out. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply. For details about data rates please contact your mobile phone carrier.

SECTION 2 – PAYMENT AND BILLING INFORMATION

You agree to pay the price applicable for all products you order and you agree to pay all applicable fees, including but not limited to delivery fees and taxes related to your use of our Sites and services. We may suspend or terminate your account and/or access to our services if your payment is late and/or your credit card cannot be processed. By providing a credit or debit card, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled.

Any sweepstakes, contests, raffles, or other promotions (collectively, "Promotions") made available from Good Use may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply. Please see Section 6.1 for the guidelines applicable to any credits, coupons, rewards or discounts awarded in connection with such promotions, incentives, programs, or other events.

All promotions, trials, credits, coupons, and discounts for free or discounted Orders are only allowed to be used once per person and may not be combined unless otherwise indicated in a promotional offer.

SECTION 3- PRICING AND AVAILABILITY

When you sign up for a Good Use subscription, you are agreeing to pay the total amount of the subscription, which may change weekly, and which depends on the particular items in your subscription box.  You may choose to add additional products offered for sale to your base produce box subscription during your established customization window.  We reserve the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice.  You can view the total amount of the order by logging into your Account Dashboard.  The total amount charged for your box includes the price of the individual items, plus any base-price fees for the box, delivery fees, other fees, and any applicable taxes.

Although we make every effort to maintain the accuracy of information maintained on our Sites, including pricing information and product details, occasionally pricing or other information errors may occur.  In the event that any product is listed at an incorrect price or with other incorrect information, we reserve the right to decline or cancel any such Orders, whether or not the order has been confirmed and/or your credit card charged.  

SECTION 4 – DELIVERIES

You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. You should properly store (including refrigeration when applicable) all items you receive.  If you are not available when a delivery arrives, the delivery person may leave the package for you at your door, or in your building’s lobby, at its front desk, or in its mailroom, etc.  Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. In cases in which you have designated an alternative receiver, such person shall accept the products under all of the same terms and conditions that would apply had you accepted the delivery yourself. If you do not receive your delivery, if you are missing items, or if you are not completely satisfied with your order, please contact our Customer Care team within 24 hours. To contact, submit a completed form on our customer care page and a Customer Care Associate will respond to your query to resolve the issue.

We are not responsible for (i) items delivered to incorrect addresses supplied during ordering; (ii) delivery issues and quality issues arising from the recipient not being present at the time of delivery at the address supplied during ordering; (iii) decreased product quality due to an incorrect delivery address supplied during ordering, or a re-route requested by the recipient; (iv) product quality problems caused by improper handling by the recipient.

There may be some instances, as a result of inclement weather, natural or national disaster, or other unforeseen circumstances, that your delivery cannot be made on your assigned delivery day.  In those cases, we will make our best effort to deliver your order as close as possible to the assigned delivery day.  In the case that we cannot deliver your box at all, we will notify you and credit your account for the missed delivery if necessary.

From time to time, Good Use may offer pick-up sites. For any customers who are assigned to a pick-up site:  Any orders not picked up during the time window of the pick-up site will be forfeited by the customer and become the property of Good Use.  Good Use may donate the box, or use the box and its content at Good Use’s discretion, as it sees fit.  

SECTION 5 – PRODUCT DESCRIPTIONS

Good Use attempts to be as accurate as possible with all of our product descriptions.  However, Good Use does not warrant that product descriptions, photos, or other content of any product is accurate, complete, reliable, current, or error-free. The products delivered may vary from the images and descriptions viewed on the site 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, packaging, and raw materials. Although we will exercise commercially reasonable efforts to help ensure that the products conform to reasonable expectations, variations may sometimes occur.   If a product offered by Good Use itself is not as described, your sole remedy is to receive a credit or refund for the product. 

SECTION 6 – RETURNS, REPLACEMENTS, CREDITS, AND REFUNDS

If you are dissatisfied with any product, please reach out to our Customer Care team. To reach out, submit a completed form on our custom support page and a Customer Care Associate will respond to your query and, depending on the circumstances, we will provide you a replacement, a full or partial refund of the purchase price for that box or product, or a full or partial credit of the purchase price for that box or product. We may require the return or photographic documentation of any product with which you are dissatisfied before we provide you a replacement, credit, or refund.

Good Use reserves the right to refuse service, refuse distribution of credits or refunds, terminate accounts, terminate your rights to use Good Use, or cancel orders in its sole discretion.

Once processed, please allow the refund amount to appear in your account after 5-10 business days.

SECTION 6.1 - Credits

Credits given may be for an item’s full or partial purchase price, for a delivery fee, or for some other amount determined by Good Use in its discretion.  Good Use may occasionally provide you with Credits to thank you for your patience with a delayed delivery or to address a customer service issue. The issuance of such Credits and any Credit amounts are determined at the sole discretion of Good Use. Good Use may occasionally provide promotions, offers, and other communications, and Credits may be earned through these special offers communicated to you by Good Use or its agents (each an “Offer”).  Once you meet the criteria described in any Offer, you are eligible for the advertised Credits, under these Terms and any additional terms and conditions of each Offer. If there is a conflict between these Terms and the terms and conditions of any Offer, the Offer terms and conditions will control.  Offers are not transferable. Offers may not be made available to all users.

Unless communicated to you otherwise by Good Use, all Credits are automatically applied to your next Order. Certain Credits may not automatically be applied to your next Order and will require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which further requirements for applying Credits shall be communicated to you at the time of Credit issuance.  Credits may not be applied to and/or redeemed for gift cards, gift subscriptions, taxes, fees, and for certain product and/or service categories as determined by Good Use in its sole discretion.

Credits can be applied for up to twelve months after date of issuance and thereafter, Credits will automatically expire.  Credits will expire if your account is inactive (not accepting delivery of an order during a five (5) month period), if you cancel your recurring subscription, or if your account is closed, and all unredeemed Credits at such time will be forfeited immediately and may not be reinstated.

All Credits are promotional in nature, are not transferable, and are not redeemable for cash or other property.  Credits may not be applied toward payment of any outstanding account balances or previous purchases. Once a Credit is redeemed, it will not be refundable or reinstated for any reason, including without limitation in connection with returned or exchanged purchases that were made with Credits.

Credits are displayed in the Billing History section of the Billing Details page within your Account.  A valid account is required to check Credits.  If any Credits are believed to have been sold, exchanged, or obtained fraudulently, those Credits will be void and will not be honored.  At any time and in Good Use’s sole discretion (including where a user was not eligible to earn certain Credits according to these Terms), Good Use may correct the amount of Credits shown as credited to an Account.

If for some reason you believe that there is a discrepancy regarding your Credit balance, please submit a request on the customer support page and a Customer Care Associate will respond to your query. All decisions regarding your Credit balance will be determined in our sole discretion and are final.

Good Use may change the Credits program, associated Credits, and these Terms at any time, for any reason and without notice. Good Use may make changes that affect, without limitation, processes, benefits, levels, and rules for receiving and using Credits, availability of Credits, Credit types, availability of Offers, and any other related benefits.  Good Use may terminate the Credits program with one month’s advance notice to active users. If the Credits program is terminated, upon termination, all unredeemed Credits will be forfeited without any obligation or liability, and Credits claims will no longer be honored. Good Use may terminate the Credits program in whole or in part, in any jurisdiction, on less than one month's notice if required to do so by applicable law, as determined by Good Use in its reasonable discretion.  All Credits program benefits, offers, and services are subject to availability and may be changed at any time without notice.

SECTION 7 - CANCELLATION POLICY

IMPORTANT: This is a recurring subscription service.  When you sign up for a recurring subscription, orders will automatically be generated according  to the weekly delivery schedule assigned to you when signing up. The scheduled delivery day or time may be changed by Good Use during the duration of your subscription service.    Going forward, your order will be delivered on your scheduled delivery day, unless you have canceled or suspended your delivery by the end of the appropriate customization window or other cutoff date.  Customization windows and cutoff dates vary by route and can be found in your account section.  Any items in your cart at the end of the customization window or cutoff date and time will be delivered to you on your next scheduled delivery day.  Any cancellations not made by the cutoff date will take effect the FOLLOWING week.  If you wish to no longer receive recurring orders, cancel your subscription by logging into your Account or reaching out to our Customer Care team. To reach out to Customer Care, submit a completed form on our customer support page and a Customer Care Associate will respond to your query.

SECTION 8 - UNAUTHORIZED ACTIVITIES

Any other use of our Sites or services beyond uses permitted in these Terms is prohibited and, therefore, constitutes an unauthorized use.  This is because as between you and Good Use, all rights in and to our Sites and services remain our property.

Unauthorized use may result in violation of various United States and international copyright laws.  Unless you have written permission from us stating otherwise, you are not authorized to use our Sites or services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

For any public or commercial purpose which includes use of our Site on another site; to advertise or promote a product, service, or company
  • In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of our Site content or materials;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt our Site or any servers or networks connected to this Site;
  • To access or use the Site or our services to collect any market research for a competing business;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the Site; or
  • Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.

SECTION 9 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ugly Juice LLC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 10 – DISCLAIMERS

THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US.

TO THE EXTENT THAT THE PRODUCTS CONTAIN ALLERGENS REQUIRED TO BE DISCLOSED BY LAW,  OUR PRODUCTS ARE MARKED ACCORDINGLY. HOWEVER, OUR PRODUCTS ARE NOT MADE IN AN ALLERGEN FREE FACILITY AND THERE MAY BE A POTENTIAL FOR CROSS CONTAMINATION WITH OTHER PRODUCTS THAT ARE NOT ALLERGEN FREE.  

GOOD USE IS NOT RESPONSIBLE FOR YOUR ACTIONS AFTER YOUR ORDER HAS BEEN DELIVERED TO THE PROVIDED ADDRESS.  ALL OUR PRODUCTS SHOULD BE RECEIVED AND STORED AS RECOMMENDED HEREIN. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING, OR CONSUMING SUCH PRODUCTS. YOU, AND NOT Good Use, ARE SOLELY RESPONSIBLE FOR ADVISING ANY NON-ACCOUNT HOLDERS AND/OR NON-ORDERING PARTIES AS TO THE SAFETY REQUIREMENTS AND ANY POTENTIAL ALLERGENS IN THE PRODUCTS.

Any information provided by us on the Site regarding the products or otherwise (e.g. product descriptions, promotional videos, or blog posts) is for informational purposes only and, as our products are always changing based on the availability of produce that meets our standards, may not necessarily be applicable to the products you purchase. You should read and strictly follow all product labels, packaging inserts and instructions that accompany the products and all manufacturer directions and warnings and seek independent professional advice when appropriate.

Without limiting the generality of the foregoing, we make no warranty that our products or this Website will meet your requirements or that this Site will be uninterrupted, timely, secure, or error free or that defects in this Site will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by you through this Site or from us or our subsidiaries/other affiliated companies shall create any warranty.

SECTION 11 - DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully.  It Affects Your Legal Rights.

This Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Good Use.  Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury.  To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).  BOTH YOU AND Good Use AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is first done by submitting a completed form on our customer support page  with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, then you may pursue your dispute in arbitration.  You may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”).  You may opt-out of this Provision by submitting a completed form on our customer support page with the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally.  In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.


Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration.  If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you.  Neither you, nor any other user of the Sites can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

SECTION 12 - GENERAL

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms and any policies or operating rules posted by us on the Sites constitutes the entire agreement and understanding between you and us and govern your use of the Sites and our services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply. Any disputes relating to these Terms or the Sites will be heard in the courts located in Emeryville, California, USA.

SECTION 13 CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Sites and our services are provided by Ugly Juice LLC, 4221 Horton St, Emeryville CA 94608 USA.  If you have a question or complaint regarding a Site or service, please contact Customer Care by submitting a completed form on our customer support page  and a Customer Care Associate will respond to your query. You may also contact us by writing Ugly Juice LLC, 4221 Horton St, Emeryville CA 94608 USA. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Customer Responsibilities 
Unless otherwise agreed to in writing, Customer is responsible for: (i) providing Good Use with complete and accurate payment information, as well as informing Good Use of any pertinent requirements in regard to billing or receipts, (ii) keeping juice stored at safe temperatures (at or below 41°F), (iii) disposing of expired juice based on “Best By Date” on juice labels. Unless otherwise agreed to by Good Use in writing, Good Use will not be responsible for: (i) serving juice; (ii) juice storage, refrigeration, and monitoring to keep juice at safe temperatures, (iii) notifying juice consumers of ingredients or potential allergic reactions as a result of consumption beyond any attached labels or accompanying signage provided upon delivery of the juices.

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