Terms of Use for The Purple Carrot Website

THE WEBSITE WWW.PURPLECARROT.COM (THE “WEBSITE” OR THE “SITE”) IS OWNED AND OPERATED BY THREE LIMES, INC. D/B/A PURPLE CARROT (“PURPLE CARROT,” “WE,” OR “US”). THE SITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS AND NOTICES HEREIN (THE “TERMS”), WHICH GOVERN YOUR USE OF THE SITE AND THE SERVICES PROVIDED ON THE SITE.   IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING OUR PRIVACY POLICY, YOU MUST NOT USE OR ACCESS THE SITE. IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF ANY OTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO ACCEPT THESE TERMS ON BEHALF OF SUCH OTHER PERSON OR ENTITY AND THAT SUCH OTHER PERSON OR ENTITY AGREES TO BE BOUND BY THESE TERMS.

THE SITE PROVIDES PLANT-BASED MEAL DELIVERY SERVICES. THESE AND OTHER RELATED SERVICES ARE THE “SERVICES.”

BY USING OR ACCESSING THE SITE OR SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AND YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS THAT APPLY TO YOU, REGARDLESS OF YOUR PHYSICAL LOCATION.



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

We may change these Terms, the Site, 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, at www.purplecarrot.com/terms. You are responsible for checking the Terms and Privacy Policy periodically for changes. If you continue to use the Site 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 or 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 or Services. The Terms are effective as of January 31, 2017.

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 cancelled. 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, in 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.

TB12 Pre-Orders

We partner with TB12, a third party, to provide select Services. We will offer a short pre-order period for TB12 Services that allows customers to purchase credits in advance for the TB12 line. All funds used to purchase from the TB12 line must be used on TB12 Services in the future. Upon purchase, you will be automatically subscribed to continue orders, unless you skip an order or cancel as described in these Terms. All TB12 pre-orders are charged to the payment card used at the time the pre-order is made. All Purple Carrot terms and conditions apply.

Availability, Substitutions, Errors and Inaccuracies

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

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.

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 trade mark 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.

Terms of Sale – Subscriptions; Skipping Deliveries; Cancellations



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


Subscriptions Are Continuous Until Cancelled 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 skip a delivery or cancel your account at any time. To do so before your next shipment, you must send an email to [email protected] 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 Subscription Section of your Account Settings. You must check your Account Settings to confirm that your order or subscription has been cancelled. Any Purchase identified as processed or shipped cannot be cancelled.

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 [email protected] or by phone at 857-703-8188.


Hyperlinks



You are granted a limited, nonexclusive, nontransferable, revocable license to create a text hyperlink to the Site 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 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 [email protected] or call us at 857-703-8188.

Electronic Communications

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

Your Responsibilities

You may use the Site 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 or the Site.


You may not submit or transmit through the Site 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 or Services; or

8. Interfere with the use of the Site or Services by others.



You may not use our Site 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 or Services.


You may not use the Site 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 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 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 or the Services to violate the terms of this section. We may terminate your access or use of the Site or the Services immediately and take other legal action if you, or anyone using your access to the Site 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 or the Services if it violates these Terms of Use.

Your Representations and Warranties

By using the Site or Services, you represent and warrant that all information you provide to the Site, 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 and the Services, including the name of the Site and the Services and the look and feel of the color combinations, button shapes, and other graphical elements of the Site and 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 and the Services, as well as on our original content on the Site 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 or the Services, please inform us immediately using the Contact information below and on the Site.


Grant of License – Subject to your compliance with all conditions of these Terms we grant you a non-exclusive, personal, revocable, non-transferable license to 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 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.  

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 [email protected]

Third Party Information and Links

The Site or the Services may contain links to third party Web sites (“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 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 AND THE SERVICES, INFORMATION, CONTENT AND MATERIALS ON OUR SITE AND SERVICES AS WELL AS ANY PRODUCTS PROVIDED THROUGH OUR SITE 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 OR THE SERVICES FOR YOUR PURPOSES OR EXPECTATIONS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON OUR SITE OR THE SERVICES OR THROUGH OUR SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, 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 OR 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 OR THE SERVICES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM OUR SITE 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 OR THE SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITE 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 OR THE SERVICES OR PROVIDED THROUGH THE SITE OR SERVICES, (B) THIRD PARTY WEBSITES OR OFFERS PLACED THROUGH THE SITE 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 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 OR THE SERVICES, THE CONTENT OF OUR SITE OR THE SERVICES, OR FROM USERS OF OUR SITE 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 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 OR THE SERVICES OR ANY CESSATION, INTERRUPTION OR DELAY IN THE PERFORMANCE OF OUR SITE 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 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 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 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 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 use the Site or the Services automatically terminates if you violate the Terms or any rules or guidelines posted in connection with the Site or the Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Site or the Services, for any reason, with or without notice.   The provisions of the Terms, which by their nature should survive termination, or your use of the Site 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.