Terms

BIG MAMA’S MEAL PREP LLC

TERMS OF USE

 

 

By  signing up with Big Mama’s Meal Prep LLC (the “Company”), you (“You” or “Your”) agree to the following terms of and conditions (“Terms”), which constitute a binding agreement:

1. ELECTRONIC COMMUNICATION

 

You consent to receive electronic communications from the Company (e.g., via email, text messages, etc.). These communications may include notices about your account (e.g., payment authorizations and other transactional information) and are incorporated into these Terms as part of your relationship with the Company. You agree that any notices, agreements, disclosures or other communications that the Company sends to You electronically will satisfy any legal communication requirements, including, but not limited to any requirement that such communications be in writing. You should maintain copies of electronic communications from the Company. The Company may also send You promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information the Company thinks 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.

2. DEFINITIONS

 

As used herein, the term “Products” includes but is not limited to any food, beverage and meals, as well as any packaging, or any other tangible item provided by the Company or any third-party on the Company’s behalf. “Content” refers to any writing, words, text, pictures, sketches, diagrams, software, process, or other information on any website, application, publication, pamphlet, email, or other media or format provided the Company or any third-party on the Company’s behalf or with the Company’s permission. The term “Site” includes any website or mobile application used by the Company.

 

3. CONTINUOUS SUBSCRIPTIONS AND PAYMENT AUTHORIZATION

In the event You sign up for Platinum package, then You agree to pay $500.00 for one (1) month upfront, and you will receive four (4) weeks in a row of meals. There is no refund to this Platinum package. WHEN YOU REGISTER FOR A PLATINUM MEAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY OR THE COMPANY’S THIRD-PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOU FOR ONE MONTH UPFRONT FOR 4 CONSECUTIVE WEEKS OF MEALS (IN ADDITION TO ANY APPLICABLE TAXES, SHIPPING AND OTHER CHARGES). FOR EVERY MEAL PACKAGE OTHER THAN PLATINUM PACKAGE, YOUR MEAL SUBSCRIPTION IS NOT CONTINUOUS BUT RATHER GOES WEEK TO WEEK.

CANCELLATION POLICY YOU MAY CANCEL YOUR MEAL PACKAGE up to Friday at noon for the following week’s meals BY CONTACTING THE COMPANY THROUGH PHONE 614-949-6203. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR MEAL ORDER.

 

4. PAYMENT AND BILLING INFORMATION

By providing a credit card or other payment method acceptable to the Company, You represent and warrant that You are authorized to use the designated payment method and that You authorize the Company (or its third-party payment processor) to charge your payment method for the total amount of your Platinum subscription/package or other purchase (including any applicable taxes and other charges) (collectively, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not

 

acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before the Company will proceed with your Order. If a payment is not successfully settled and You do not edit your payment method information or cancel your meal subscription, You remain responsible for any uncollected amounts and authorize the Company to continue billing the payment method until your account is paid in full.

The Company reserves the right to execute an authorization or temporary charge on your payment method to up to one dollar ($1.00) to verify that your payment method is valid and that the information You provide is correct (“Temporary Authorization”). If You experience trouble enrolling with the Company, You may see multiple Temporary Authorizations. Temporary Authorizations will expire in accordance with your payment method provider’s rules.

 

5. AVAILABILITY AND PRICE CHANGES

All Company Products are subject to availability, and the Company reserves the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific meal ingredients or entire meals) without prior notice. Due to the perishable nature of certain Products and market conditions beyond the Company’s control, the Company may be required to make substitutions from time to time. If You are not satisfied with a substitution, please contact the Company at

The Company reserves the right to adjust prices in the Company’s sole discretion, at any time and without notice to You; provided, however, that the Company will provide You with at least ten (10) days’ advance notice of any price changes associated with your plan rate. Your acceptance of deliveries of Product after such notice has been delivered to You will constitute your acceptance of such price changes, unless You cancel your subscription in accordance with these Terms. All prices shown on the Site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes or other fees may vary geographically.

 

6. DELIVERIES

The risk of loss and/or damage to your Order is passed entirely to You at the time of delivery. If nobody is home at the designated time of delivery, the food will be taken back and it is Your responsibility to pick up Your food at 864 Refugee Road, Pickerington, OH, unless You ask for the food to go in Your cooler You leave on Your porch, but this must be agreed to in advance. You are responsible for inspecting all Products for any damage or other issues upon delivery. In addition, You are solely responsible for determining the freshness of the Products. It is recommend that You use a thermometer to ensure that the internal temperature of any meat, poultry or seafood Product is 40° F or below. In the unlikely event that such temperature is above 40° F, or You have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact the Company at  and discard the item. To maintain the quality and integrity of the Product, it is recommend that You immediately refrigerate all perishable Product upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found at  It is recommended that You follow the USDA’s instructions on safe food handling, which can be found at  It is also recommend that You use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found at

 

Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found

 

7. RETURNS, REPLACEMENTS, REFUNDS, AND CREDITS

If You are dissatisfied with a Product for any reason, please contact the Company at  within three (3) days of the date You received the Product. The Company may require the return or photographic documentation of any Product that You are dissatisfied with prior to providing You a refund, replacement, or credit. The Company may, in the Company’s sole discretion, replace the Product at the Company’s expense, provide You a full or partial refund of the purchase price for that Product, or provide You with a credit for that Product that will automatically be applied to a future Order.

 

8. INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE

To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless the Company, and its respective past, present and future employees, members, owners, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, “Indemnified Party”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including reasonable attorney fees) and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), and which relate in any way to the Product, Content, Site, or services provided to You by the Company, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Content or Products by You or any third party You authorize to access or use such Sites, Content or Products, (b) any user content You create, post, share or store on or through the Site or Company pages or feeds on third party social media platforms, (c) any feedback You provide, (d) your violation of these Terms, and (e) your violation of the rights of another. You agree to promptly notify the Company of any third party Claims, cooperate with the Company in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Company shall have control of the defense or settlement of any third party Claims. This indemnity provision is in addition to, and not in lieu of, any other indemnities set forth in any other written agreement between You and the Company. These obligations survive any termination or cancellation of services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTY, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO

 

THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR FROM EVENTS BEYOND THE COMPANY’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE INDEMNIFIED PARTY FROM AND AGAINST, AND COVENANT NOT TO SUE INDEMNIFIED PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.

 

9. DISCLAIMERS

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM THE COMPANY. YOU ARE ALSO SOLELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE COMPANY STORES, PORTIONS AND PACKAGES PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

THE COMPANY ATTEMPTS TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND NUTRITIONAL INFORMATION AS ACCURATELY AS POSSIBLE, AND YOU CAN VIEW THE SAME ON THE COMPANY’S WEBSITE AND/OR FACEBOOK PAGE. HOWEVER, THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON COMPANY SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, THE COMPANY RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE MENU HANDED OUT OR POSTED ON THE COMPANY’S WEBSITE AND/OR FACEBOOK PAGE. The Company reserves the right to change any and all Content and to modify, suspend or stop providing access to Company social media Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to You. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.

 

10. NON-DISPARAGEMENT

You agree that You will not disparage the Company and anyway including, but not limited to, making any statements, orally, in writing, online, via social media, or otherwise, or in any way disseminate any information concerning the Company’s business operations, business practices, or Products that, in form or substance, harms, disparages, or otherwise casts an unfavorable light upon the Company’s reputation or standing in the community; provided, however, that if You are compelled to do so via legal process, You shall not be in violation of the terms and provisions of these Terms.

 

11. DISPUTE RESOLUTION; ARBITRATION

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. Binding Arbitration All disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”), except for those that may be brought in small claims court or for injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You hereby (a) waive your right to have any and all Disputes arising from or related to these Terms, the Company, the Site, Content, and/or Product, resolved in a court of competent jurisdiction, and (b) waive your right a jury trial. Instead, You agree to arbitrate Disputes through arbitration which shall be final and binding upon the parties. Such arbitration shall be in accordance with the Consumer Arbitration Rules for the American Arbitration Association (“AAA”).

No Class Arbitrations, Class Actions or Representative Actions You agree that any Dispute arising out of or related to these Terms, the Company, the Site, Content, and/or Product is personal to You, and that such Dispute shall be resolved solely through individual arbitration and shall not be brought as a class arbitration, class action or any other type of representative proceeding. You agree that there shall be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you agree that a Dispute shall not be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Federal Arbitration Act You agree that these Terms affect interstate commerce and that the enforceability of these Terms shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

Notice; Informal Dispute Resolution You agree that You shall notify the Company in writing of any Dispute (including those that may be brought in small claims court or for injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to the Company shall be sent by certified mail or courier to 4460 Old Columbus Rd NW, Carroll, OH 44312. Your notice must include (a) your name, postal address, telephone number, and your email address (b) a description in reasonable detail of the nature and basis of the Dispute, and (c) the specific relief that You are seeking. If the parties cannot informally resolve the Dispute within thirty (30) days after the date your notice is received by the Company, then either You may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for in these Terms, file a claim in court.

One Year Statute of Limitations. You agree that any arbitration action or lawsuit You bring against the Indemnified Parties must be brought within one (1) year of the event giving rise to the claim(s), or the claim(s) will be forever barred. You understand that the statute of limitations for claim(s) may be longer than one (1) year, but You agree to waive any limitation periods to the contrary and agree to be bound by the one (1) year limitation period in these Terms.

Authority of Arbitrator As limited by the AAA, these Terms and the applicable AAA rules, You agree and acknowledge that the arbitrator shall have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that You agree and acknowledge that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. Further, you agree and acknowledge that the arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Opt-Out Right You have the right to opt out of the arbitration provisions set forth in these Terms, by notifying the Company in writing at  within thirty (30) days of the date You first accepted these Terms. In order to be effective, said opt out notice must include your full name and clearly indicate your intent to opt out of arbitration. By opting out of arbitration, you are still agreeing to resolve Disputes in accordance with the following section “Governing Law and Venue.”

 

12. LICENSE AND PROPRIETARY RIGHTS

(a) Copyright and Ownership. The Site and all Content, design, text, graphics, and interfaces; as well as the collection, selection, and arrangement thereof; and all associated software (collectively, the “Protected Information”), are the sole and exclusive property of, or duly licensed to, the Company. Limited consent is hereby granted for You to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of using the services and Product provided by the Company. Any other use of the Protective Information, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of the Company is strictly prohibited. You acknowledge that the Company and/or third-party content providers remain the owners of such Protective Information and that You do not acquire any of those ownership rights by downloading and/or copying any of the Protected Information. The Company reserves the right to revoke this limited consent at any time, and any use shall be discontinued immediately on written notice from the Company.

(b) Trademarks. All Company marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of the Company or otherwise proprietary to the Company, and may not be used by You for any reason other than as expressly permitted by these Terms or the Company in writing. All other trademarks, service marks, product names, and company names or logos appearing by and through the offerings by the Company are the property of their respective owners and You do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the offerings from the Company.

13. COPYRIGHT POLICY

The Company reserves the right to terminate any end-user’s access to the Company’s offerings where such end-user infringes upon third-party copyrights. If any end-user or other third party believes that a copyrighted work has been copied and/or posted via the Company’s offerings in a way that constitutes copyright infringement, that party shall provide the Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, including telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Such notice shall be provided to the Company at 4460 Old Columbus Rd NW, Carroll, OH 44312

 

If any term, clause or provision of these Terms are held invalid or unenforceable, it shall be so held to the minimum extent required by law and shall be severable, and all other terms, clauses and provisions shall remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of these Terms and shall remain valid and enforceable, except as prohibited by applicable law.

15. SURVIVAL

 

The provisions of these Terms shall survive any termination or cancellation by You unless otherwise set forth expressly or by their nature are terminated upon cancelation by You.

16. MODIFICATION

 

The Company may amend these Terms in the Company’s sole discretion, without specific notice to You; provided, however, that: (a) any amendment or modification to the provisions applicable to Dispute resolution shall not apply to any Disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Terms will be either posted on the Site or sent to You electronically or otherwise, and You should review the Terms prior to using the Company’s services and from time to time thereafter. By your continued use of any of the services provided by the Company, You hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms, as in effect at that time (other than with respect to Disputes arising prior to the amendment or modification of the Dispute resolution provisions, or charges incurred prior to the amendment or modification of the pricing and/or billing provisions, which shall be governed by the Dispute resolution provisions and/or pricing and/or billing provisions in effect at the time of the subject Dispute or incurred charges, as applicable). All amendments or modifications to the Terms shall be effective immediately upon publication on the Site or upon sending to You by electronic or other means. owners and You do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the offerings from the Company.

 

13. COPYRIGHT POLICY

The Company reserves the right to terminate any end-user’s access to the Company’s offerings where such end-user infringes upon third-party copyrights. If any end-user or other third party believes that a copyrighted work has been copied and/or posted via the Company’s offerings in a way that constitutes copyright infringement, that party shall provide the Company with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, including telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Such notice shall be provided to the Company at 4460 Old Columbus Rd NW, Carroll, OH 44312.

 

14. SEVERABILITY

 

If any term, clause or provision of these Terms are held invalid or unenforceable, it shall be so held to the minimum extent required by law and shall be severable, and all other terms, clauses and provisions shall remain valid and enforceable. Further, the waivers set forth herein are severable from the other provisions of these Terms and shall remain valid and enforceable, except as prohibited by applicable law.

15. SURVIVAL

 

The provisions of these Terms shall survive any termination or cancellation by You unless otherwise set forth expressly or by their nature are terminated upon cancelation by You.

16. MODIFICATION

 

The Company may amend these Terms in the Company’s sole discretion, without specific notice to You; provided, however, that: (a) any amendment or modification to the provisions applicable to Dispute resolution shall not apply to any Disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Terms will be either posted on the Site or sent to You electronically or otherwise, and You should review the Terms prior to using the Company’s services and from time to time thereafter. By your continued use of any of the services provided by the Company, You hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms, as in effect at that time (other than with respect to Disputes arising prior to the amendment or modification of the Dispute resolution provisions, or charges incurred prior to the amendment or modification of the pricing and/or billing provisions, which shall be governed by the Dispute resolution provisions and/or pricing and/or billing provisions in effect at the time of the subject Dispute or incurred charges, as applicable). All amendments or modifications to the Terms shall be effective immediately upon publication on the Site or upon sending to You by electronic or other means.

 

17. GOVERNING LAW AND VENUE

These Terms, your access to and use of the Site and your Order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, without regard to conflict of law rules or principles (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration shall be resolved in the state or federal courts of the State of Ohio and the United States, respectively, sitting in Franklin County, Ohio.

18. MISCELLANEOUS

 

These Terms constitute the entire agreement between You and the Company relating to your access to and use of the Site, your Order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You without the prior written consent the Company. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

I, the undersigned customer, voluntarily agree to the terms and conditions of this contract and I hereby acknowledge that I have no peanut or other allergies and assume all risk and liability if I do. I understand that Big Mama’s Meal Prep LLC makes food with nuts and I assume all responsibility and risk of any allergic reaction to nuts or any other foods.