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Purple Carrot Terms of Use

LAST MODIFIED: September 25, 2024

Acceptance of the Terms of Use

THESE TERMS OF USE (“TERMS”) GOVERN YOUR ACCESS TO, AND USE OF, THE WEBSITES (EACH, A “SITE” OR “WEBSITE”), MOBILE APPLICATIONS, AND PLANT-BASED MEAL DELIVERY SERVICES OR PROGRAMS (COLLECTIVELY, THE “SERVICES”) OWNED AND OPERATED BY THREE LIMES, INC. D/B/A PURPLE CARROT (“PURPLE CARROT,” “WE,” OR “US”) AND ON WHICH THESE TERMS APPEAR. THESE TERMS ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND PURPLE CARROT. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE, THE MOBILE APPLICATIONS, OR THE SERVICES. BY CLICKING THE “AGREE” BUTTON TO USE OR ACCESS THE SITE, THE MOBILE APPLICATIONS, AND/OR THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE, INCLUDING ANY END USER LICENSE TERMS IN RELATION TO THE INSTALLATION AND USE OF OUR MOBILE APPLICATIONS, AND OUR PRIVACY POLICY, FOUND AT WWW.PURPLECARROT.COM/PRIVACY, INCORPORATED HEREIN BY REFERENCE, AND YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS THAT APPLY TO YOU, REGARDLESS OF YOUR PHYSICAL LOCATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE, THE MOBILE APPLICATIONS, AND/OR THE SERVICES.


Changes to Terms of Use, Services and/or Privacy Policy

We may change these Terms, the Services, or our Privacy Policy at any time in our sole discretion with or without notice. You can review the most current version of the Terms by clicking on the “Terms of Use” link, located at the bottom of our website, or by accessing the link www.purplecarrot.com/terms. You are responsible for checking the Terms and Privacy Policy periodically for changes. If you continue to use the Site, the Mobile Applications, or our Services after we post changes to the Terms or Privacy Policy, you are signifying your acceptance of the new Terms and Privacy Policy as well as the changes in the Site, the Mobile Applications, or the Services. Our Privacy Policy is located at www.purplecarrot.com/privacy. If you do not accept any changes your sole remedy is to not use the Site, the Mobile Applications, or the Services.


Purchases and Payment

If you wish to purchase any product or service made available through the Site or redeem a Gift Card (“Purchase”), you must supply payment information including, without limitation, your first and last name, phone number, payment card number, expiration month, billing address, and delivery information. Your payment card will be charged for Purchases every week unless you skip or cancel as described below under “Terms of Sale.”

By making a Purchase and providing payment information, you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your Purchase. You can change or update payment information at any time by logging into your account and revising your information.

By providing payment information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the Purchase. We reserve the right to refuse or cancel your Purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

All prices shown are in U.S. dollars and do not include applicable taxes. Taxes may vary and are not within our control. We may adjust future prices as necessary, at our sole discretion. By making a Purchase, you agree to pay the then-current Purchase price. Purchases are not to be used for resale or any commercial purposes.


Availability, Substitutions, Errors and Inaccuracies

We are constantly updating our offerings of products and services. The products or services available on our Site or Mobile Applications may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site or Mobile Applications and in our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to change, discontinue or limit availability of products, Menus, or Services in our sole discretion. Due to the perishable nature of our meal ingredients, we reserve the right to substitute products and ingredients without prior notice.


Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Promotion Details


Accounts and Passwords

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.


Terms of Sale – Subscriptions; Skipping Deliveries; Cancellations

Meal Subscriptions. We currently offer a range of subscription meal plans for our meal ingredients (each, a “Meal Plan”). For more information about our Meal Plans and pricing please see the “Plan” or “FAQ” sections on the Site.

Subscriptions Are Continuous Until Canceled by You. ALL OF OUR MEAL PLANS ARE CONTINUOUS SUBSCRIPTIONS. THIS MEANS THAT YOU WILL BE CHARGED FOR WEEKLY MEAL DELIVERIES EVERY WEDNESDAY OR SUNDAY UNLESS AND UNTIL YOU AFFIRMATIVELY CANCEL OR SUSPEND YOUR SUBSCRIPTION. WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) PURPLE CARROT (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES, AND (B) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR SUBSCRIPTION SECTION OF YOUR ACCOUNT SETTINGS.

Cancellation Policy; Skip a Delivery: You may cancel your account at any time. To do so before your next shipment, navigate to the Subscription Section of your Account Settings and click "Change" next to Subscription Status. Follow the steps as outlined where you can select your reason for canceling. You will receive an on-site confirmation of your cancellation, as well as a confirmation email to the email address on file for your account. You must complete the cancellation process on-site before Tuesday night at 11:59PM EST, the week prior to scheduled shipment. Any account changes made after this deadline will go into effect the week following your last shipment. To skip a delivery, simply navigate to the Upcoming Menus portion of your account. (To pause your subscription for longer than 6 weeks, navigate to the Subscription Section of your Account Settings and click "Change" next to Subscription Status. Follow the steps as outlined where you can select your timeframe for pausing.) You must check your Account Settings to confirm that your order or subscription has been canceled. Any Purchase identified as processed or shipped cannot be canceled.


Your Responsibility to Inspect your Deliveries

You are solely responsible for inspecting all meal ingredients you receive for any damage or other issues upon delivery and for determining the freshness of the ingredients you receive. You should always inspect your delivery to confirm that the meal ingredients arrive in a cool, refrigerated condition.

If you are not home when your order is delivered, the delivery driver will leave it at your address. Orders are insulated and packaged with cold packs, which will keep them stable and temperature-safe for several hours after delivery. If a delivery cannot be safely left at your address, you are responsible for making alternate arrangements and for changing your delivery instructions in your account if necessary. Any person or location that accepts delivery is presumed by us to be authorized to do so and in accordance with these Terms. You are solely responsible to properly store and refrigerate all products prior to use, including perishables.

We recommend that at all times you follow the USDA’s instructions on food storage and safe food handling, which can be found here: http://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/safe-food-handling/keep-food-safe-food-safety-basics/ct_index. 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 here: http://www.fsis.usda.gov/wps/portal/fsis/topics/food-safety-education/get-answers/food-safety-fact-sheets/at-risk-populations.


Returns, Replacements, Refunds

If you are not satisfied with your order, or something was not as expected, please contact us within seven (7) days by email at hello@purplecarrot.com or by phone at 857-703-8188.


Hyperlinks

You are granted a limited, nonexclusive, non transferable, revocable license to create a text hyperlink to the Site or Mobile Applications for noncommercial purposes. This license will be invalid if such link depicts Purple Carrot or any of our products, Services, affiliates or partners in a false, misleading, derogatory or otherwise defamatory manner, in our sole discretion, or if the linking site contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable, in our sole discretion. Use of a Purple Carrot logo or other proprietary graphic of Purple Carrot is not permitted. The use of framing techniques to enclose any Purple Carrot trademark, logo or other proprietary information, including the images or content on the Site or Mobile Applications is prohibited.


User Content; Feedback

The Site includes a comment box allowing users to post and share comments on menus and recipes, provide cooking tips, and other comments (“User Content”). User Content can be viewed by others. We do not regularly monitor User Content and have no liability or responsibility for User Content. You are solely responsible for any User Content you post. We reserve the right to remove or delete User Content at any time for any reason.

You may also provide feedback, ideas, suggestions or comments to us by email or other means (“Feedback”). By posting User Content or by providing Feedback, you grant Purple Carrot all rights in the User Content and/or Feedback and hereby authorize Purple Carrot to make any use of such User Content and Feedback for any purpose and in any manner or medium without compensation and without further permission from you.


Gift Cards – Terms of Use

You may purchase or redeem a Gift Card towards a new or existing Purple Carrot subscription by clicking on the “Give a Gift” tab on the bottom of our home page and other pages on the Site. By purchasing or redeeming a Gift Card, you agree to the Gift Card Terms of Use in addition to these Terms. Purple Carrot Gift Cards are issued and managed by Purple Carrot and can be applied only to eligible purchases from www.purplecarrot.com in the U.S. There are no taxes on Gift Cards, but purchases made with Gift Cards may be subject to applicable taxes and delivery fees.

Gift Cards are not reloadable and may not be transferred to another Purple Carrot account, redeemed for additional Purple Carrot Gift Cards, or redeemed for cash (except as required by law), or for shipments outside the U.S. Purple Carrot is not responsible for any lost or stolen Gift Cards or use without your permission. If a Gift Card is lost, it can be redeemed by whoever finds it. Gift Cards are valid for at least seven (7) years from the date of issuance, in accordance with applicable law.

When redeeming a Gift Card, we collect credit card payment information, which will be used towards the continued gift subscription once the Gift Card balance is exhausted. Subscriptions may be cancelled at any time in accordance with our cancellation policy. Gift Cards are not for resale. Returns that comply with our return policy will be credited to the Gift Card or to another form of payment, in the sole discretion of Purple Carrot. Void where prohibited or restricted by law. Gift Card Terms of Use are subject to change without notice. Use of a Gift Card is governed by the laws of the Commonwealth of Massachusetts. To check the available balance on a Gift Card, email us at hello@purplecarrot.com or call us at 857-703-8188.


"Share-a-box" Program

At Purple Carrot, you will automatically be enrolled in the "Share-a-box" Program (the “Program”). These are the terms and conditions (the “Terms and Conditions”) applicable to the Program. You will earn and redeem "Share-a-box" credits, subject to the following Terms and Conditions.

These Terms and Conditions supersede all previous terms and conditions applicable to the Program. Except as otherwise expressly prohibited or limited by applicable laws, Purple Carrot may at any time amend, modify or supplement these Terms and Conditions, the structure for earning and redeeming "Share-a-box" credits, with or without notice, even though such changes may affect the value of "Share-a-box" credits, or ability to earn or redeem "Share-a-box" credits. Changes may include, among other things, modifying the amount of purchases required to qualify for the "Share-a-box" Program, altering the expiration date of any "Share-a-box" credits earned, imposing additional restrictions, or terminating the "Share-a-box" Program, including outstanding "Share-a-box" credits.

Participants in the Program are responsible for remaining knowledgeable of these Terms and Conditions and any changes thereto, which will be posted to Purple Carrot’s website. Continued participation in the Program following any changes to these Terms and Conditions will constitute acceptance of any such changes to these Terms and Conditions. Purple Carrot reserves the right to interpret "Share-a-box" rules and policies in its sole discretion and will be the final authority on any associated "Share-a-box" credits and "Share-a-box" qualifications."

The Program may be changed, suspended or terminated at any time without notice at the discretion of Purple Carrot upon update to the program posted to the Purple Carrot website. At Purple Carrot’s sole discretion, Purple Carrot may substitute a similar loyalty program at any time immediately upon posting the superseding program to the Purple Carrot website. If the Program is terminated or superseded, all unredeemed "Share-a-box" credits will be forfeited and canceled without any obligation or liability on the part of Purple Carrot or its affiliates.

Redemption of "Share-a-box" credits are subject to availability of applicable Purple Carrot products and the range of products for which such credits may be redeemed may be changed or limited by Purple Carrot at any time without notice.

Redemption of "Share-a-box" credits may be applied only to a new Purple Carrot user as determined by Purple Carrot.

Sending "Share-a-box" credits are subject to expiration if not used within one-year (365 days from the date on which the "Share-a-box" credit is earned). Then the recipient’s redemption of credit is subject to expiration if not redeemed within 29 days (from the date on which the "Share-a-box" coupon was sent to the recipient). Then the recipient’s use of the credit is subject to expiration if not used on an order within 29 days (from the date on which the "Share-a-box" coupon was redeemed by the recipient).

"Share-a-box" credits are subject to the customer’s maintenance of an account in good standing with Purple Carrot.

Participants in the Program may have only one account and the maintenance of duplicate accounts may result, at Purple Carrot’s sole discretion, in forfeiture and cancellation of all "Share-a-box" credits earned in any or all such accounts.

"Share-a-box" credits have no cash value, may not be redeemed or exchanged for cash under any circumstances, and may not be sold, bartered or transferred (other than by the Purple Carrot or its agents). Any attempted transfer, sale or barter will be void and may result, at Purple Carrot’s sole discretion, in the forfeiture and cancellation of all "Share-a-box" credits which are the subject of such attempted transaction.

"Share-a-box" credits earned through participating in the Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use "Share-a-box" credits is the sole responsibility of the participant or the beneficiary of such use, as applicable.

Purple Carrot may terminate Program participation by any customer who violates these Terms and Conditions as determined by Purple Carrot in its sole discretion. Upon such termination, all unredeemed "Share-a-box" credits will be forfeited and cancelled without any obligation or liability on the part of Purple Carrot or its affiliates.

Participants may opt out of the Program at any time upon notice to Purple Carrot at hello@purplecarrot.com.

If you have any questions regarding the Program, please contact Purple Carrot at hello@purplecarrot.com.


Electronic Communications

You consent to receive SMS/MMS messages from Purple Carrot at the phone number(s) provided to us with account notifications which include but are not limited to (1) order updates (2) payment status (3) delivery notifications, and marketing promotions which include but not limited to (1) cart reminders (2) promotional offers (3) marketing messages. Message frequency varies. Message and data rates may apply.

We may modify or terminate SMS/MMS messaging services at any time, and without notice, without liability to you. You may unsubscribe from SMS/MMS messages at any time by replying STOP to any of our messages. For help, you can reply HELP to any of our messages or contact customer care via email at hello@purplecarrot.com or by texting 857-703-8188. View our privacy policy.

By using the Site, the Mobile Applications, or the Services or by communicating with us by any form of electronic communication, you consent to receiving electronic communications, including notices and promotions from Purple Carrot by email, phone, text or other electronic means. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. We will continue to send you promotional communications if you cancel your subscription. You can unsubscribe from emails by clicking the “unsubscribe” link in the email you receive.


Age Restrictions

The Site, the Mobile Applications, and the Services are intended for use by individuals who are at least 18 years of age. By using the Site, the Mobile Applications, or the Services, you confirm you are at least 18 years old. If you are not, you may not access the Site, the Mobile Applications, or the Services.


Your Responsibilities

You may use the Site, the Mobile Applications, and the Services for lawful purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, reverse engineer, transfer or sell any information, software, products or services obtained from the Services, the Mobile Applications, or the Site.

You may not submit or transmit through the Site, the Mobile Applications, or the Services any User Content, Feedback, or other information, content, or material or otherwise engage in any conduct that:

  1. Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
  2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
  3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Impersonates any person, business, or entity, including Purple Carrot and its employees and agents;
  5. Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
  6. Encourages conduct that would constitute a criminal offense or give rise to civil liability;
  7. Violates these Terms of Use, guidelines, or any policy posted on the Site, the Mobile Applications, or the Services; or
  8. Interfere with the use of the Site, the Mobile Applications, or the Services by others.

You may not use our Site, Mobile Applications, or Services:

  1. For your own commercial gain other than as permitted by the specific intended use of the Services;
  2. To offer any form of advertising or promotion without our prior written consent;
  3. To provide any false personal information or any personal information, content, or material on account of anyone other than yourself without permission; or
  4. To avoid the age restrictions or enable another person to avoid the age restrictions.

You are responsible for any and all activity relating to your password, login, or use of the Site, Mobile Applications, or Services.

You may not use the Site, Mobile Applications, or Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Site, Mobile Applications, or Services. You may not attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce these Terms of Use.

You may not use the Site, Mobile Applications, or the Services or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending (or to facilitate the sending) of unsolicited bulk communications. You may not induce or allow others to use the Site, Mobile Applications, or the Services to violate the terms of this section. We may terminate your access or use of the Site, Mobile Applications, or of the Services immediately and take other legal action if you, or anyone using your access to the Site, the Mobile Applications, or the Services, violates these provisions. We may take any technical measures to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

We reserve the right to remove any of your information, content, or material from the Site, the Mobile Applications, or the Services if it violates these Terms of Use.


Your Representations and Warranties

By using the Site, the Mobile Applications, or the Services, you represent and warrant that all information you provide to the Site or the Mobile Applications,, including but not limited to your email address, User Content and Feedback, is accurate, true and correct and that the use thereof will not violate the rights of any third party (e.g., any intellectual property or other proprietary right or any privacy right), or any applicable law.


Proprietary Rights and Intellectual Property Rights

We own the intellectual property rights to the design of and the information on and in the Site, the Mobile Applications, and the Services, including the name of the Site, of the Mobile Applications, and of the Services and the look and feel of the color combinations, button shapes, and other graphical elements of the Site, the Mobile Applications, and of the Services. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade-secret laws, as well as other proprietary rights. For example, we own a copyright on the selection, organization, arrangement, and enhancement of the Site, the Mobile Application, and of the Services, as well as on our original content on the Site, the Mobile Applications, and the Services. We reserve the right to prosecute violations of our intellectual property rights to the full extent of the law. Where permissible by law, you agree to pay the costs and expenses, including reasonable attorneys’ fees, relating to any claim or cause of action by us relating to your violation or threatened violation of our intellectual property rights.

If, in your view, any copyright or other intellectual property right (“IP right”) that you may have is being infringed by/on the Site, the Mobile Applications, or the Services, please inform us immediately using the Contact information below and on the Site and Mobile Applications.

Grant of Right to Use – Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable right to access and use the Site and Services for as long as your use complies with these Terms of Use.

All content and software (if any) that is made available to view and/or download in connection with the Site, the Mobile Applications, or the Services is owned by and is the copyrighted work of Purple Carrot, its subsidiaries, affiliates, and/or its sponsors or suppliers and is protected by copyright laws and international treaty provisions.

PURPLE CARROT, the Purple Carrot Logo, the Carrot Design, and EAT MORE PLANTS are registered trademarks with the U.S. Patent and Trademark Office.


Copyright Violations

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing (e.g., on the Consumer Site, Developer Site, etc.);

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Purple Carrot, c/o Three Limes, Inc. 460 Hillside Ave, Needham, MA or by email at legal@purplecarrot.com.


Third Party Information and Links

The Site, the Mobile Applications, or the Services may contain links to third party Websites (“Linked Sites”), and may incorporate information obtained from third parties (“Third Party Information”). The Linked Sites and Third Party Information are not under our control and we are not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, reliability, legitimacy or validity or any links, products, services or any other aspect of the Linked Sites. We are not responsible for any form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly. Links and other information are provided to you only as a convenience, and the inclusion of any link or Third Party Information does not imply our endorsement or recommendation of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties conducted through the Site, the Mobile Applications, or the Services or Linked Sites, including but not limited to the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. Purple Carrot shall not be responsible or liable for any part of any such dealings.

DISCLAIMER: THE SITE, THE MOBILE APPLICATIONS, AND THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON OUR SITE, MOBILE APPLICATIONS AND SERVICES AS WELL AS ANY PRODUCTS PROVIDED THROUGH OUR SITE, MOBILE APPLICATIONS, OR SERVICES, WHETHER BY US OR THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ANY IMPLIED WARRANTY RELATING TO COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; AND ANY WARRANTY REGARDING THE SUITABILITY AND QUALITY OF ANY PRODUCTS OR OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE, MOBILE APPLICATIONS, OR IN THE SERVICES OR THROUGH OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, MOBILE APPLICATIONS,SERVICES OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL ASSOCIATED SERVICING, REPAIR OR NECESSARY CORRECTION DUE TO ANY SUCH HARM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, MOBILE APPLICATIONS, OR OF THE SERVICES, OR OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR THE SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITE, THE MOBILE APPLICATIONS, OR THE SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SAFETY OR OTHERWISE.

WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM US OR FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES. WE DO NOT ENDORSE ANY OF THE CONTENT, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.

YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO (A) INFORMATION, CONTENT AND MATERIALS CONTAINED ON OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES OR PROVIDED THROUGH THE SITE, THE MOBILE APPLICATIONS, OR THE SERVICES, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE, THE MOBILE APPLICATIONS, OR THE SERVICES IN RESPECT TO ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO SUCH THIRD PARTIES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY: YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE, THE MOBILE APPLICATIONS AND/OR THE SERVICES. DISPUTES RELATING TO OUR PRIVACY POLICY MAY BE COVERED BY THE PRIVACY POLICY’S DISPUTE RESOLUTION PROCEDURES, IF ANY ARE PROVIDED IN THE PRIVACY POLICY. OTHERWISE, THESE LIMITATIONS OF LIABILITY SHALL APPLY TO PRIVACY DISPUTES TO THE EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT FOR DIRECT DAMAGES RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CUSTOMERS, PARTNERS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), OR FOR DAMAGE TO YOUR COMPUTER (INCLUDING BUT NOT LIMITED TO HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION OR MATERIAL ON THE INTERNET), OR FOR FAILURE TO STORE OR DELIVER, IN A TIMELY OR UNTIMELY MANNER, ANY INFORMATION OR MATERIAL DISPLAYED, OR ANY CLAIM IN CONTRACT OR TORT (WHETHER OR NOT ARISING IN WHOLE OR PART OUT OF OUR ACT, OMISSION, FAULT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MOBILE APPLICATIONS, OR THE SERVICES, THE CONTENT OF OUR SITE, MOBILE APPLICATIONS, OR OF THE SERVICES, OR FROM USERS OF OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES (WHETHER OFFLINE OR ONLINE), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR HAVE CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR OUR CONTENT PROVIDERS, LICENSORS, LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES AND ANY OTHER WEBSITE, BROWSER, SERVICE, SOFTWARE OR HARDWARE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IN THE CASE OF PERSONAL INJURY, CERTAIN PARTS OF THE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, BUT THE PROVISIONS THAT DO APPLY TO YOU WILL CONTINUE TO APPLY.

FURTHERMORE, IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE OR LIABLE FOR THE CONTENT, COMPLETENESS, ACCURACY OR LEGALITY OF INFORMATION OR MATERIAL DISPLAYED IN CONNECTION WITH OR ARISING OUT OF OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE, MOBILE APPLICATIONS, OR THE SERVICES FOR ANY REASON INCLUDING, WITHOUT LIMITATION, CAUSES BEYOND OUR REASONABLE CONTROL SUCH AS EARTHQUAKE, FLOOD, FIRE, STORM OR OTHER NATURAL DISASTER, ACT OF GOD, LABOR CONTROVERSY OR THREAT THEREOF, CIVIL DISTURBANCE OR COMMOTION, ACT OF TERRORISM, DISRUPTION OF THE PUBLIC MARKETS, WAR OR ARMED CONFLICT OR THE INABILITY TO OBTAIN SUFFICIENT MATERIAL, SUPPLIES, LABOR, TRANSPORTATION, POWER OR OTHER ESSENTIAL COMMODITY OR SERVICE REQUIRED IN THE CONDUCT OF BUSINESS INCLUDING INTERNET ACCESS, OR ANY CHANGE IN OR THE ADOPTION OF ANY LAW, ORDINANCE, RULE, REGULATION, ORDER, JUDGMENT OR DECREE. NOTWITHSTANDING ANY LEGAL PROVISION TO THE CONTRARY, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR CONNECTED TO OUR SITE, OUR MOBILE APPLICATIONS, OR THE SERVICES SHALL IN NO EVENT EXCEED $100.


Your Release of Purple Carrot and Three Limes, Inc.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Purple Carrot or Three Limes, Inc., and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Site, the Mobile Applications, and your provision of information or Submissions, whether unsolicited or not, to the Site. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. You specifically hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.


Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our subsidiary and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of the Site, the Mobile Applications, or the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.


Choice of Law

To the extent permissible by applicably law, you agree that the laws of the Commonwealth of Massachusetts, U.S.A. govern all matters arising out of the Terms, without regard to choice of law rules. You also agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You agree that regardless of any statute or law to the contrary, any cause of action against us arising out of or related to the Site or the Services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred.


General Terms; Severability & Integration; No Waiver

This contract and any supplemental terms, policies, rules, and guidelines posted on the Site, the Mobile Applications, or with respect to the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable the invalidity of such provision shall not affect the validity of the remaining provisions.

The failure by either party to assert their rights hereunder shall not be deemed a waiver of those rights. Any waiver of any provision by us must be in writing and signed by Purple Carrot to have effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.


Termination

Your right to access and use the Site, the Mobile Applications, or the Services automatically terminates if you violate the Terms or any rules or guidelines posted in connection with the Site, the Mobile Applications, or the Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site, the Mobile Applications, or the Services, for any reason, with or without notice. The provisions of the Terms, which by their nature should survive termination, or your access and use of the Site, the Mobile Applications, or the Services shall be deemed to survive such termination. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.


Contact Us

If you have any questions or comments, or wish to send us any notice regarding these Terms, the Site or the Services, please contact us.


License Grant and Associated Use Restrictions - Mobile Applications

The following terms apply to your use of our Mobile Applications

  1. License Grant. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, and non-transferable license to:
    1. download, install, and use the Mobile Application(s) for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the applicable Mobile Application's documentation; and
    2. access, stream, download, and use on such Mobile Device the User Content and Services made available in or otherwise accessible through the Mobile Application, strictly in accordance with these Terms.
  2. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the applicable Mobile Application(s), you shall not:
    1. copy the Mobile Application, except as expressly permitted by this license;
    2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile Application;
    3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the applicable Mobile Application or any part thereof;
    4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Mobile Application(s), including any copy thereof;
    5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Mobile Application(s), or any features or functionality of the Mobile Application(s), to any third party for any reason, including by making the Mobile Application(s) available on a network where it is capable of being accessed by more than one device at any time;
    6. use any robot, spider, or other automatic device, process, or means to access the Mobile Application(s) for any purpose, including monitoring or copying any of the material on the Mobile Application(s);
    7. use any manual process to monitor or copy any of the material on the Mobile Application(s), or for any other purpose not expressly authorized in these Terms, without our prior written consent;
    8. frame, mirror, or otherwise incorporate the applicable Mobile Application(s) or any portion of the applicable Mobile Application(e) as part of any other mobile application, website, or service;
    9. use the Mobile Application(s) in any manner that could disable, overburden, damage, or impair the Mobile Application or interfere with any other party's use of the Mobile Application; or
    10. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile Application.
  3. Updates. We may from time to time in our sole discretion develop and provide Mobile Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
    1. the applicable Mobile Application(s) will automatically download and install all available Updates; or
    2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the applicable Mobile Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the applicable Mobile Application and be subject to all of these Terms.


Additional AppStore Terms Applicable to Mobile Devices

The following terms apply if you install, access or use our Services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple").

  1. Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple, and Purple Carrot, not Apple, is solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
  2. Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
  3. Maintenance and Support. You and Purple Carrot acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
  4. Warranty. You acknowledge that Apple is not responsible for any product warranties, whether expressed or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Purple Carrot. However, you understand and agree that in accordance with these Terms, Purple Carrot has disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
  5. Product Claims. You and Purple Carrot acknowledge that as between Apple and Purple Carrot, Purple Carrot, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third-party's intellectual property rights, Purple Carrot, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
  7. Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to: tpcdev@thepurplecarrot.com
  8. Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using our Services.
  9. Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following terms apply if you install, access, or use our Services on any device that contains the Android mobile operating system (the "Android App") developed by Google, Inc. ("Google"):

You acknowledge that these Terms are between you and us only, and not with Google.
  1. Your use of our Android App must comply with Google's then-current Android Market Terms of Service.
  2. Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for our Android App and our Services and User Content available thereon. Google has no obligation or liability to You with respect to our Android App or these Terms.
  3. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.


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