- The Service. TruLOCAL provides a subscription based distribution and delivery service for locally sourced meat products that allows subscribers of the service (“Users” / “You”) to select a package size (small or large), contents of the package (i.e. what meat products you want) and frequency of delivery (weekly, bi-weekly, monthly, etc.) through the Website, and then have those products delivered to you on the delivery date (the “Services”). All prices include the cost of shipping.
- Deliveries. When you register for the Services, you will have the option to select your delivery date and the frequency of deliveries. We may deliver products for local orders; all other orders shall be shipped using a carrier such as FedEx or UPS. You can choose whether you require a signature at delivery, or whether the products can be delivered to you without the need for a signature. If you choose not to require a signature for delivery, the products will be left at your delivery address even if you are not present to receive the products. We cannot guarantee the delivery of any items that do not require a signature, and we expressly disclaim any liability or responsibility for any loss or claim if you do not receive such products, including, but not limited to the cost of procuring substitute goods. If you choose to require a signature and you are not home to receive the products and the products are returned to the distribution center, it is your sole responsibility to ensure that you retrieve your products from the distribution center. The products are vacuum packed and shipped in containers that will keep the products frozen for a period of no more than twenty four (24) hours from the shipping date (and approximately twelve (12) hours after the products first go out for delivery). In no circumstances shall TruLOCAL be held liable for any problems, claims, losses, injuries, illness or other damage to the products arising from your failure to retrieve them from the distribution center and/or ensure they are refrigerated or frozen in the necessary amount of time after any attempted or actual delivery.
- Promotions. TruLOCAL may occasionally offer new or existing customers a promotional offer in connection with their use or potential use of the Services or the purchase of specially marked products (each a “Promotion”). Additional terms of a Promotion may be displayed or otherwise transmitted therewith and otherwise governed accordingly. Unless otherwise stated in the Promotion terms, Promotions are limited to one Promotion offer redemption per person and are not applicable to "one-off boxes", "bulk orders", or "small boxes". TruLOCAL may vary or discontinue any promotion/discount/benefit/privilege at any time without any notice or liability to any party. Any change will take effect immediately, unless stated otherwise. From time to time, a Promotion may consist of a promotion for free product(s) upon subscribing to the Services the opening or renewing a Subscription. If you enroll in a Subscription (or renewal) to redeem the Promotion, you acknowledge and agree that we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of the Promotion period.
- User Conduct. In using the Services, you agree that you will provide true, correct and accurate information when registering and keep such information up to date and comply with these terms and all applicable laws, rules, and regulations at all time during when using the Services and during any other dealings with TruLOCAL.
In using the Website and Services You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the TruLOCAL Website or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
TruLOCAL reserves the right, in its sole discretion, to suspend, limit or terminate your access to the Website and Services with or without notice at any time for any violation of the User Conduct terms of section 4 or this section 5.
- End User License. The Website and Services and the information and materials contained therein, are the property of TruLOCAL and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, TruLOCAL grants you a non-transferable, non-exclusive, license to use the Website for your use. Nothing in the Terms gives you a right to use the TruLOCAL or TruLOCAL names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms.
- Payments. All payments (i.e. product fees, sales tax and shipping fees) will be automatically charged in full to your credit card on the day that the products ship, which will be the day before your selected delivery day.
- No returns. We cannot accept returns of any products delivered to you, and accordingly, it is not TruLOCAL’s policy to provide refunds if you are dissatisfied with the products you receive.
- Subscription Termination. If you wish to terminate your Subscription you may do so at anytime, however, if you wish to cancel your Subscription before your next shipment, you must notify us of your intention to terminate your Subscription no less than two (48) hours’ in advance of the scheduled shipment date. If you cancel your Subscription less than two days (48) hours’ in advance of your next shipment, your order for that shipment period will still ship (and you will be fully liable for payment) and thereafter your Subscription shall terminate, and you will not receive any further shipments.
- Feedback. If You provide TruLOCAL with any suggestions, comments or other feedback relating to any aspect of the Website and/or Services ("Feedback"), TruLOCAL may use such Feedback in the Website or in any other TruLocal products or services (collectively, "TruLOCAL Offerings"). Accordingly, You agree that: (a) TruLOCAL is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to TruLOCAL, (c) TruLOCAL (including all of its successors and assigns and any successors and assigns of any of the TruLOCAL Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any TruLOCAL Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from TruLOCAL or any of the other users of the Website in respect of the Feedback.
- Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that TruLOCAL shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials, if any, downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links & Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by TruLOCAL. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by TruLOCAL of that third party, third party product or service. TruLOCAL is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that TruLOCAL endorses or accepts any responsibility for the content or use of such websites, and You hereby release TruLOCAL from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- Products Disclaimer. TruLOCAL provides a distribution and delivery service for the products sold on the Website. All our products are purchased from third party suppliers and we do not produce any of the products that are available for purchase on the Website and Services. Accordingly, while we vet our third party suppliers according to certain criteria, we do not control the preparation of the products by our third party suppliers and do not inspect or test the products we sell on the Website and Services. We make no representations or warranties about the fitness or quality of the products received by you. We strongly encourage you to use common sense and judgment before consuming any of our products and to exercise care in preparing the products for consumption. TruLOCAL expressly disclaims any and all liability or responsibility for any claim, loss, injury, illness, harm, or other damage that may arise as a result of your consumption of the products. Once delivered, You are solely responsible for preparing the products, including but not limited to ensuring the meat products are properly cooked. You understand and acknowledge that consuming raw or undercooked meat can lead to an increased risk of food borne illness and you further understand and agree that TruLOCAL shall not be liable or responsible in any way for any claim, injury, loss, harm, illness or any other damage that may arise as a result of Your preparation of the products. TruLOCAL also expressly disclaims any claims, losses, damage, injury, illness, or other harms that may arise as a result of damage to the products after they have been delivered to a carrier and while they are in transit, unless such a claim is the result of defective packaging of the products.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE AND SERVICES AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." TRULOCAL SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FFOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. TRULOCAL DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND TRULOCAL SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. TRULOCAL WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TRULOCAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, (VI) ANY DAMAGE THAT OCCURS TO THE GOODS WHILE THEY ARE IN TRANSIT AFTER THEY HAVE BEEN DELIVERED TO A CARRIER, (VII) ANY PRODUCT LIABILITY CLAIMS ARISING IN CONNECTION WITH THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO THE PRODUCTS’ FITNESS FOR CONSUMPTION. THESE LIMITATIONS SHALL APPLY EVEN IF TRULOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRULOCAL’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID TRULOCAL IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. TruLOCAL may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. TruLOCAL may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and TruLOCAL cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. TruLOCAL will not be liable for any loss or damage arising from your failure to comply with these requirements.
- Contact. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the TruLOCAL Website or Service, please contact us at: [email protected]
Last Updated: May 5, 2020