Terms of Service
Last Updated: August 2018
Welcome to the website ("Site") of Happy Plates L.L.C. (“we”, “us”, “our” or “Happy Plates”). Please review the following terms that govern your use of and purchase of services from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these Terms (the "Agreement"). If you do not agree to these Terms, you may not access or use the Site or order, receive, or use the content, tools and services made available through the Site, including by not limited to, meal plan subscriptions, cooking sessions, coaching sessions and grocery tours (collectively, the “Services”).
We reserve the right to change or modify these Terms at any time and in our sole discretion. Such changes or modifications will be effective immediately upon notice, which may be posted as a modified agreement on the Site with an updated “Last updated” date or sent out via email. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive or use the Services. If you do not agree to the revised Terms, you may not access or use the Site or order, receive or use the Services.
CARROT CREW MEAL PLAN SUBSCRIPTION
Happy Plates offers a weekly plant-based meal plan (as further described in the “Carrot Crew” section of the Site and referred to as the “Subscription”) that renews automatically on a monthly basis. WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) HAPPY PLATES L.L.C. (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS.
OTHER SERVICES OFFERED
Happy Plates also offers services such as cooking sessions, coaching sessions and grocery tours which are subject to change from time to time (as further described in the “Services” section of the Site and referred to as “In Person Sessions”). All scheduled appointments for In Person Sessions made by you must be canceled and rescheduled by you at least twenty-four (24) hours in advance. If you don’t show up for an appointment with us that you are scheduled for and do not give us at least twenty-four (24) hours’ notice, a make-up appointment will not be offered. We understand if an emergency or a sudden illness cause you to be unable to attend an appointment with us at the last minute. In these situations only, we will allow the appointment to be rescheduled and the date of the rescheduled appointment must be within one (1) month from the date of the missed appointment.
All prices are shown in U.S dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amount or other charges associated with our Subscription plan, we will provide you with advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes.
PAYMENTS, BILLING AND PROMOTIONS
Payment is due upon purchasing your Services from Happy Plates. By providing a credit card or other payment method that we accept, 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 cancelled. You must resolve any payment method problems before we proceed with your Order. If a payment is not successfully settled and you do not edit your payment method information or cancel your Subscription in a timely manner, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
By signing up for a Subscription, you acknowledge and authorize Happy Plates to collect, save, and charge your provided payment method for future transactions on your account regarding your subscription. For more details on recurring billing, please see the section titled “CARROT CREW MEAL PLAN SUBSCRIPTION.”
PROMOTIONS AND DISCOUNTS
If you are using a promotion or a discount code, please enter it at checkout to receive an immediate discount. Only one promotion or discount code may be used per order. If you are using a discount code on a Subscription, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for the non-discounted price of your program (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the cutoff date beyond the discounted time period. Instructions for cancelling your Subscription are described in the “Cancellation of Subscription” section below. Please note that you will not receive a notice from us that the discounted period has ended, or that the full-priced portion of your subscription has begun. Special promotions may, at the option of Happy Plates L.L.C., carry specific terms and conditions, and we reserve the right to create, amend, and enforce said terms, conditions, and restrictions.
CANCELLATION OF SUBSCRIPTION
YOU MAY OPT OUT OF THE NEXT RENEWAL OF YOUR SUBSCRIPTION BY EMAILING firstname.lastname@example.org AND INCLUDING THE WORD “CANCEL” IN THE SUBJECT LINE OF YOUR EMAIL. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. TO AVOID THE PROCESSING OF A RENEWAL PAYMENT, YOU MUST OPT OUT AT LEAST TW0 (2) BUSINESS DAYS PRIOR TO YOUR SUBSCRIPTION RENEWAL DATE.
REFUNDS AND CREDITS
If issued, a refund may take 5-10 business days to show up, depending on which bank you use. If you are provided with a credit for a future offering, we may implement the credit in a variety of ways at our discretion, including extending the offering for you ourselves, providing you with a discount code to use on a future order, or applying a credit to your account, which will be automatically deducted from your next payment. If a Subscription is cancelled before the expiration of the first month, Happy Plates will retain the cost of the first month of the Subscription as an early termination fee and will cancel all future recurring payments. If you want to cancel a Subscription before receiving your first weekly meal plan by email, then you will be issued a full refund. Furth details about refunds and credits related to In Person Sessions is outlined in the “Other Services” section of this Agreement.
NUTRITION DISCLAIMER AND LIABILITY WAIVER
We want you to be your healthiest, but we’re not doctors or nutritionists. You should always consult your doctor before making any changes to your health regime--including using the Services provided by us. By using our Services, you acknowledge that you are doing so at your own risk and have consulted with your doctor or other health professional about your diet change.
We do not claim our Services will alleviate, heal or cure any health condition or symptom. The content of this Site and any Services offered by us are not meant to diagnose, treat, prevent or cure any medical condition, and should not be used as a substitute for consulting a doctor or other health professional. Any information that you find on this Site, on websites we link to, receive from our employees, suppliers, or agents by phone, email or other communication channel, or obtain through contacts you make through Happy Plates should be verified with your doctor. Consult your doctor with any specific health questions or problems you may have. If you think you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately. The statements made by Happy Plates on this Site and our Services have not been evaluated by the Food and Drug Administration.
THIS SITE, ALL CONTENTS OF THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE OR THE SERVICES, YOU AGREE THAT YOUR USE OF THE SITE OR THE SERVICES IS AT YOUR SOLE RISK AND THAT HAPPY PLATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR THE SERVICES. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. YOU AGREE THAT WE MAY REMOVE ANY SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL ANY SERVICES AT ANY TIME WITHOUT NOTICE TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HAPPY PLATES L.L.C., ITS EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, CONSULTANTS, AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING COSTS AND ATTORNEY’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND OUR SERVICES.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are protected by copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed to Happy Plates L.L.C. The Site is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Happy Plates L.L.C. Happy Plates may prosecute infringement to the full extent permitted under applicable law.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of services from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Happy Plates on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Happy Plate’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Happy Plates of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain, in the sole opinion of Happy Plates or its representatives, libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
OUR COMMUNICATIONS TO YOU
You agree that Happy Plates may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of our Services, or for such other purpose(s) as we deem appropriate. You have the option to opt-out of marketing communications.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site and our Services contain links to outside services and resources, the availability and content of which Happy Plates does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Happy Plates is not responsible and shall not be held liable for the use of any such content. Further, these links do not indicate a partnership, joint venture, principal and agent or any similar relationship between Happy Plates and the third party.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions, to change or update information at any time or to cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your Order).
In the event that any provision of this Agreement 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 this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement is effective unless and until terminated by either you or Happy Plates. Happy Plates may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Happy Plates' sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Happy Plates, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
This Agreement and any separate agreement whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Michigan. You irrevocably consent to the jurisdiction and venue of the state and federal courts located in Oakland County, State of Michigan, in connection with any action, suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default under this Agreement, or otherwise arising under or by reason of this Agreement.