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We book the right, at our own cost, to assume the exclusive defense and control of any matter otherwise based on indemnification by you hereunder, and you shall cooperate as totally as fairly required by us. You accept promptly notify Hey there Fresh of any third-party claims, work together with Hey there Fresh in protecting such claims, and pay all fees, costs and expenditures related to safeguarding such claims (consisting of, but not restricted to, attorneys’ fees and costs, court expenses, costs of settlement and costs of pursuing indemnification and insurance).
You agree that the provisions in this section will make it through any termination of your Account, the Arrangement and/or your access to the Offerings. YOU ARE SOLELY ACCOUNTABLE FOR, AND ASSUME ALL RISKS RELATED TO, THE CORRECT AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USAGE, AND INTAKE OF THE CONTENTS OF THE MEAL BOXES.
THIS PARTICULARLY CONSISTS OF, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR FUNCTION, SERVICE WARRANTIES OF MERCHANTABILITY, AND SERVICE WARRANTIES FOR THE NON-INFRINGEMENT OF COPYRIGHT. 21.1 Irritant Details. PLEASE KEEP IN MIND THAT THE EIGHT MAJOR IRRITANTS, AS DETERMINED BY THE United States FDA, WHICH ARE WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN HELLOFRESH’S AND OUR SUPPLIER’S FACILITIES.
YOU ARE ALSO EXCLUSIVELY RESPONSIBLE FOR LEARNING ABOUT ANY FOOD ALLERGIES YOU MIGHT HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, UTILIZING OR CONSUMING SUCH PRODUCTS. HELLOFRESH DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, IRRITANT, AND OTHER PRODUCT INFORMATION ON OUR WEBSITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MAKERS OR SUPPLIERS AND ON CELEBRATION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS.
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21.2 Requirements Connected To Warranties. WE ATTEMPT TO DISPLAY SCREEN THE PRODUCTS YOU WILL RECEIVE IN YOUR MEAL KITS AND OTHER PRODUCTS AND INFORMATION YOU VIEW ON THE SITE AND APP, INCLUDING PRICES AND NUTRITIONAL INFO, AS ACCURATELY AND DEPENDABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND DETAILS.
YOU ADDITIONAL AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU GET IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE WEBSITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCEDURE OR SUPPLY CONCERNS, THE SCHEDULE AND IRREGULARITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND IRREGULARITY OF COOKING DEVICES AND HOME APPLIANCES.
A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR WARRANTY THAT IT IS OR WILL BE AVAILABLE IN YOUR PLACE OR AT THE TIME OF YOUR ORDER. We schedule the right to change any and all Content and to modify, suspend or stop supplying access to the Website (or any features or functionality of the Website) and the Products at any time without notification and without commitment or liability to you.
THIS RESTRICTION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO INJURY; PAIN AND SUFFERING; PSYCHOLOGICAL DISTRESS; ORGANISATION INTERRUPTION; LOSS OF PROFITS, REVENUE, ORGANISATION OR PREPARED FOR SAVINGS, USAGE, GOODWILL, DATA; AND WHETHER TRIGGERED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN ADDITION, IN NO EVENT SHALL HELLOFRESH BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY METHOD RELATED TO THE ACCESS TO OR USAGE OF, OR FAILURE TO GAIN ACCESS TO OR USAGE, THE SITE, APP OR MATERIAL (INCLUDING, BUT NOT LIMITED TO, USER MATERIAL, 3RD PARTY MATERIAL, CONTENT OF LINKED 3RD PARTY SITES), OR THE ORDERING, RECEIPT, OR USAGE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT( INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES BROUGHT ON BY OR RESULTING FROM DEPENDENCE ON ANY DETAILS OBTAINED FROM HELLOFRESH, OR FROM EVENTS BEYOND HELLOFRESH’S REASONABLE CONTROL, SUCH AS WEBSITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, MISTAKES OR OMISSIONS, PROBLEMS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF EFFICIENCY).
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THE CONSTRAINT STATE IN THIS AREA 22 SHALL NOT AFFECT LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED UNDER THE SUITABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLECT, OR WILLFUL MISCONDUCT. We book the right in our sole discretion to customize, suspend or stop, briefly or completely, the Site or App (or any features or parts thereof) or the rates, delivery, or arrangement of the Products at any time.
24.1 Applicability of Arbitration Arrangement. You concur that any dispute, claim, or demand for relief relating in any method to your access or usage of the Website or the App, to any products sold or distributed through the Site or the App, or to any aspect of your relationship with Hi Fresh, will be solved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in little claims court if your claims certify; and (2) you or Hey there Fresh may seek equitable relief in court for violation or other abuse of copyright rights (such as hallmarks, trade gown, domain names, trade secrets, copyrights, and patents).
24.2 Arbitration Rules and Online Forum. The Federal Arbitration Act governs the analysis and enforcement of this Arbitration Agreement. To start an arbitration proceeding, you must send a letter asking for arbitration and explaining your conflict or claim or ask for relief to: Hey there Fresh, c/o Legal Department, 28 Liberty Street, 10th Floor, New York, NY 10005.
Disagreements including claims, counterclaims, or ask for relief under $250,000, not inclusive of attorneys’ charges and interest, will go through JAMS’s most current variation of the Streamlined Arbitration Rules and treatments offered at all other conflicts shall go through JAMS’s most present version of the Comprehensive Arbitration Rules and Procedures, offered at JAMS’s guidelines are likewise available at www.jamsadr.com or by calling JAMS at 800-352-5267.