Terms of service

Updated: [2024]

Terms and Conditions

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

BY USING THE CHILLEDFREEZERMEALS.COM WEBSITE, PURCHASING FROM THE WEBSITE, SIGNING UP FOR A MEAL SUBSCRIPTION AND/OR CONTINUING YOUR MEAL SUBSCRIPTION WITH CHILLED, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE THIS WEBSITE OR ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY (IF GREATER THAN 18) IN YOUR JURISDICTION, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS SITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms” or this “Agreement”) apply to the purchase and sale of products through the chilledfreezermeals.com website (the “Site”) and to your general use of the Site and Chilled’s social media pages/accounts on third-party social media platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”). You should also carefully review our Privacy Policy.

These Terms are subject to change by Chilled, LLC (referred to as “Chilled,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services through this Site and frequently during your subscription period. Your continued use of this Site, and your continued subscription to purchase Chilled products, after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If you do not agree with the modified terms and conditions, you should stop using the Site and cancel your subscription.

  1. Sales Terms for Non-Membership Orders

Chilled customers may purchase prepared meals and other items without a subscription for local pick-up or delivery in Iowa or for shipping nationwide. 

Local Pick-Up and Delivery in Iowa

You may choose to pick up your order at our kitchen in Center Point, Iowa or at another pick-up location in the area. Alternatively, if you live within our delivery area, you may choose to have us deliver your order.

If you place an order for in-store pick-up in Center Point, we will email you when the order is ready for pick up. You must pick it up within 10 days of receiving that email or the order will be cancelled and your payment will be refunded less a 10% restocking fee.

If you choose to pick-up your order at another location and are unable to do so on the scheduled pick-up date, your meals must be picked up at our kitchen in Center Point within 10 days or the order will be cancelled and your payment will be refunded less a 10% restocking fee.

We charge a $10 delivery fee for local delivery on orders under $125. To utilize this option, you also must purchase a $10 Chilled tote that we will use to pack your meals. This is a one-time purchase as long as you return the tote each time you order. 

Shipping

Shipping is available for all customers living in the lower 48 states. On each Monday-Wednesday after the 5th of the month, we ship orders that were placed by 11:59 pm the day preceding the shipment date. A ship date is selected by you at checkout with delivery occurring within 1-3 business days following the ship date depending on carrier. A shipment confirmation with tracking information will be sent to the email you provided when you placed your order.  

  1. Membership and Meal Selections

Chilled offers monthly meal subscriptions for customers who wish to receive 5 or 7 meals each month at a discounted price. When you first sign up for a Chilled subscription (“Membership”), you will choose a Membership type (local pickup/delivery or shipping), meal size (small or large), and meal quantity (5 or 7) and will be charged for the first month of the Membership. You can find more information about our Memberships on the Site at https://www.chilledfreezermeals.com/collections/membership.

Each month, you will receive a non-refundable discount code valid for your membership total. You can then choose your meal options by ordering through our Site. You may add meals or size upgrades at regular price at the time of ordering.

You must use your discount code and place your order by the following “Order Cut-Off Dates”:

  • For local Iowa pick-up, by 11:59 pm on the order deadline date stated for your desired pick-up location on the page https://www.chilledfreezermeals.com/collections/local-pickup, or by 11:59 pm on the last day of the month for pickup at our kitchen in Center Point between the 2nd and 5th days of the next month.
  • For local Iowa delivery, by 11:59 pm two calendar days before your delivery date stated on the page https://www.chilledfreezermeals.com/collections/delivery
  • For shipping, by 11:59 pm Central Time on the Friday before the final Wednesday of the month. For example, if the final Wednesday of a month is the 27th, you must use that month’s discount code with an order placed by no later than 11:59 pm on Friday, the 24th.

If you do not use your discount code for the month by the Order Cut-Off Date stated above, you may pick up meals chosen by us from our kitchen in Center Point by no later than 5:00 pm on the 5th day of the following month or forfeit the month’s Membership fee. Chilled is not responsible to notify you, the customer, with pick up or delivery details. Chilled will only ship meals if you, the customer, makes a request to do so.

  1. Billing and Payments for Memberships

All Memberships are continuous subscription plans, and you will be charged the applicable price listed for the Membership level that you select. For local delivery in Iowa, you may also be charged a $10 delivery fee. Applicable sales tax may be charged on your order based on local and state laws.

Your credit card will be charged on the date when you first sign up for Membership and thereafter on the same date of each subsequent month (the “Payment Date”). For example, if you first sign up for a Membership on the 10th day of the month, your Payment Date is the 10th and your credit card will be charged the Membership Rate (as defined below) on the 10th day of each subsequent month unless you pause or cancel your Membership by 11:59 pm Central Time on the 7th day of that month.

WHEN YOU REGISTER FOR THE CHILLED SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR MEMBERSHIP) YOU EXPRESSLY AUTHORIZE AND AGREE THAT CHILLED AND/OR OUR THIRD-PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE THE  PAYMENT METHOD YOU PROVIDE ON A MONTHLY, RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR MEMBERSHIP, TOGETHER WITH ANY APPLICABLE TAXES AND DELIVERY OR SHIPPING (the “MEMBERSHIP RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE CHILLED SUBSCRIPTION SERVICE, EXCEPT FOR MONTHS YOU CHOOSE TO SKIP PRIOR TO THE SPECIFIED DEADLINE OR UNLESS YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT CHILLED WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL CHILLED OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR PLAN, PLUS ANY APPLICABLE TAXES AND DELIVERY OR SHIPPING. EVERY TIME THAT YOU USE THE CHILLED SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT CHILLED IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THE AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.

If you wish to cancel or modify your subscription, you can do so at any time as described in the “Cancel or Modify a Subscription” section below; however, except as otherwise noted below, any amounts charged to or paid by you prior to such cancellation or modification will not be refunded.

We may change the price of a Membership, introduce new Membership plans, or remove Membership plans from time to time, and will communicate any price or Membership changes to you in advance in accordance with the “Notice” section of this Agreement. Price and Membership changes will take effect as of the next billing period following the date on which we provided notice to you of the price or Membership change. By continuing to use Chilled’s service after the effective date of a price or Membership change, you indicate your acceptance of such change. If you do not agree with a price or Membership change, you have the right to reject the change by cancelling your subscription(s) prior to the effective date of the price or Membership change. Please make sure that you read any notifications of price or Membership changes carefully.

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 based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.

  1. Cancel or Modify a Subscription

Except for your first order, which cannot be cancelled or modified, you may cancel or modify your Membership by emailing us at info@chilledfreezermeals.com. You also may pause your Membership to skip a month not more than once per 12-month period by emailing us at info@chilledfreezermeals.com. You will not be charged for a month that you skip.

You must submit your cancellation, modification, or request to skip a month by no later than 11:59 pm Central Time three calendar days before your next Payment Date (as defined above) or else you will be charged for the next month’s Membership as scheduled.  

  1. Food Substitution Policy

Although Chilled takes every reasonable measure to have sufficient inventory to fill your order in accordance with your chosen food preferences and meal selections, the availability of meals and ingredients may change without notice. Chilled is not responsible for the unavailability of any meal or ingredient. Chilled reserves the right substitute meals and ingredients without notice. Substituted food items may contain different ingredients and allergens than those in items originally ordered. 

  1. Ingredients, Allergens and Nutrition Information

We use reasonable efforts to ensure the accuracy of product imagery and information on the Site, including information regarding ingredients, food allergens, and nutrition information. However, we make no guarantee that such information is accurate and complete. Prior to consumption of any Chilled food item, please check the product package for the most updated information regarding ingredients, allergens, and nutritional content.

Chilled’s food items are not made in dedicated allergen free facilities. Chilled’s food items may contain or may have been manufactured in a facility that also processes milk products, eggs, fish, Crustacean shellfish, soy, tree nuts, peanuts, sesame, wheat, and other gluten-containing foods.

YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE USING OR CONSUMING SUCH PRODUCTS. CHILLED DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT LABEL OR CONTACT US IF YOU HAVE A SPECIFIC DIETARY OR ALLERGY CONCERN OR QUESTION.

  1. Shipping & Delivery

We use third-party carriers to ship your food packages and provide you with tracking information for every package. It is very important that you provide us with the proper shipping information and any special instructions that the delivery driver may need.

Any delivery dates that we provide for shipped products are estimates only. Actual delivery dates of shipped products may vary and are beyond the control of Chilled.

The risk of loss and/or damage passes to you at the time of delivery. All items are solely at your risk from the time of shipment. As such, you are solely responsible for the storage, handling, and heating of the Chilled food items you receive. 

We make reasonable efforts to pack your items so that they will maintain a safe temperature while in transit. We do not guarantee that frozen or perishable items will remain at a safe temperature if you do not promptly unpack them and move them to the freezer or refrigerator.

Shipped items are packed with dry ice, which may evaporate before your order arrives. Do not touch dry ice with bare hands.

Shipping insurance via a third party is available to protect your order. You may select this option at checkout.

  1. Inspection & Safety

You are responsible for inspecting all items delivered for any damage or other problems upon delivery. If you have any reason to believe that any food product in your delivery is not suitable for consumption, contact us at customerservice@chilledfreezermeals.com and do not consume the item. 

To maintain the quality and integrity of the food products, we recommend that you immediately place all frozen Chilled products in your freezer or thaw them in the refrigerator and follow the U.S. Department of Agriculture’s (“USDA”) instructions on food safety, food storage and food handling. 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.

  1. Replacement & Refunds

All sales are final. We may provide a replacement, refund, or credit if items arrive damaged. If you are unhappy with your order, please contact us at info@chilledfreezermeals.com within 5 days of the date you received the unsatisfactory item. We, at our sole discretion, may give you a replacement, refund, or credit for damaged item(s). We reserve the right to require the return or photographic documentation of any damaged product before we provide you a replacement, refund, or credit.

  1. No Resale

You are not permitted to resell or otherwise use the Chilled products for commercial purposes.

  1. Force Majeure

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

  1. Disclaimers

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE AND COOKING), USE, AND CONSUMPTION OF CHILLED’S FOOD PRODUCTS. AS SUCH, ALL PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

  1. Registration and Communication

To access and use certain areas or features of the Site, you will need to register for a Chilled account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You further understand and agree that Chilled may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

By creating a Chilled account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. 

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 products, you consent to receive calls or text messages at any such phone number sent by or on behalf of Chilled, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while Chilled processes your request. 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 to the text messages we send you. Please contact your mobile phone carrier for details.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/chilled-center-point/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/chilled-center-point/privacy_policy).

  1. Content 

The Site and Social Media Pages contain content which includes, but is not limited to, information pertaining to the Chilled Products and Memberships, as well as informational posts and third-party links. All content on the Site and Social Media Pages is offered for informational purposes only and is at all times subject to the disclaimers contained herein.

  1. Intellectual Property

The Site, the Social Media Pages, and all associated content, design, text, graphics, images, video, audio, and interfaces, as well the collection, selection, and arrangement thereof, and all associated software (collectively, the “Chilled Materials”), are the sole and exclusive property of, or duly licensed to, Chilled. The Chilled Materials are owned by Chilled or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the Site and Social Media Pages solely for your own non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site. You must not (i) modify copies of any materials from the Site or Social Media Pages; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site or Social Media Pages. You must not access or use for any commercial purposes any part of the Site and/or Social Media Pages, or any services or materials available through the Site and/or the Social Media Pages.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site and/or the Social Media Pages in breach of this Agreement, your right to use the Site and your Chilled Membership will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Site and/or the Social Media Pages not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.


  1. Trademarks

The Chilled name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Chilled, LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Chilled. All other names, logos, product and service names, designs and slogans on the Site and/or the Social Media Pages are the trademarks of their respective owners.


  1. Rights to User Content


If you submit content you own (“User Content”) to the Site or Social Media Pages, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site or to our Social Media Pages, you hereby grant Chilled a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. You also agree that Chilled is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.


By uploading, posting or submitting User Content to the Site or through our Social Media Pages, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Chilled to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.


  1. Third-Party Sites and Content


If the Site and/or the Social Media Pages contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Chilled has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site and/or the Social Media Pages, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Chilled is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


  1. Prohibition on Improper Use


As a condition of your use of this Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree that you shall not use the Site: (a) in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (b) in violation of Chilled’s or any third party’s intellectual property or other proprietary rights; (c) in violation of any applicable laws; (d) to attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (e) to obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (f) to use or attempt to use any "spider", "robot", "bot", "scraper", or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site (or portions thereof); (g) to transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing,  defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity; (h) to post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," or any other form of solicitation; or (i) to register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Chilled product or service if you are not expressly authorized by such party to do so.

  1. Privacy


We respect your privacy and are committed to protecting it. Our Privacy Policy, www.chilledfreezermeals.com governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. By using the Site, you consent to all actions taken by Chilled with respect to your information in compliance with the Privacy Policy.


  1. Indemnification


To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Chilled, LLC, and our respective past, present and future employees, officers, directors, contractors, consultants, equity-holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Chilled Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses 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”) that are caused by, arise out of or are related to (a) any use or misuse of the Site or Social Media Pages, content on the Site or Social Media Pages, or Chilled products by you or any third party you authorize to access or use such Site, content or products, (b) any content you create, post, share or store on or through the Site or our Social Media Pages, (c) your violation of these Terms, and (d) your violation of the rights of another.


  1. LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHILLED OR ANY OF THE CHILLED PARTIES 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 SITE OR SOCIAL MEDIA PAGES, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT SOLD THROUGH THE SITE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY CHILLED PARTY, OR FROM EVENTS BEYOND THE CHILLED PARTIES’ 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 CHILLED PARTIES’ 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, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE CHILLED PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM CHILLED EXCEED THE GREATER OF $200 OR THE AMOUNT YOU PAID TO US IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE CHILLED PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, 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. 


THE LIMITATIONS SET FORTH IN THIS SECTION 22 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

  1. DISPUTE RESOLUTION AND BINDING ARBITRATION

If you have a complaint that Chilled’s customer service department is unable to resolve to your satisfaction (or if Chilled has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

YOU AND CHILLED AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks 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, ALL DISPUTES THAT ARISE UNDER OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PAST, PRE-EXISTING, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) WILL BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION IN LINN COUNTY, IOWA OR THE COUNTY OF YOUR RESIDENCE. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The Rules will govern payment of all arbitration fees.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR CHILLED SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Either you or Chilled may assert claims, if they qualify, in small claims court in Linn County, Iowa or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.  

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).  

You have the right to opt out of binding arbitration within thirty (30) days of the date you first signed up for Chilled Membership by writing to: Chilled, LLC Attn: Lindsy Trotter 236 Meadow Breeze Ln, Center Point, IA 52213 In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 24.

  1. Governing Law & Venue

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Idaho. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Iowa and the United States, respectively, sitting in Linn County, Iowa.

  1. Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 25 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  1. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use the products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.

  1. No Waivers 

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Chilled.

  1. Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to info@chilledfreezermeals.com; or (ii) by personal delivery, overnight courier or registered or certified mail to 236 Meadow Breeze Ln, Center Point, IA 52213. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. 

Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

  1. Severability 

If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  1. Entire Agreement 

These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.