Agreement between user and Local Crate
Welcome to www.localcrate.com. The www.localcrate.com website (the “Site”) is comprised of various web pages operated by CIY Foods, LLC. / DBA Local Crate (“Local Crate”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully.
The Site is an E-commerce Site
Local Crate provides a subscription meal-kit delivery service that works with chefs to create recipes that are delivered to your home or office weekly.
Visiting the Site or sending emails to Local Crate constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Local Crate is not responsible for third party access to your account that results from theft or misappropriation of your account. Local Crate and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Local Crate does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
Once you sign up and place an order from the Site, you are able to view the amount that you will be charged on Thursday evening before your first delivery as your order is final at 9:00 pm on Thursday before the following week’s delivery on Monday before 7:00 pm.
Local Crate’s service is based on a subscription plan that has an initial charge followed by weekly charges (every 7 days) as agreed upon. For more information on the pricing please visit our How It Works/Pricing page. When you sign up for a meal subscription with Local Crate (or our third party payment processor), you acknowledge and agree that Local Crate is authorized to use your credit card, debit car or PayPal account information on a weekly basis to pay for your meal subscription for as long as you continue the service. Your account will auto-renewal each week based on your initial subscription choice of meals. Your subscription is continuous until you or we cancel your service in accordance with these terms (url to “my account” section of website here).
Local Crate has the right to substitute ingredients do to conditions outside of our control. If a substitution is used the change will be communicated to the customer.
If for any reason you are not satisfied with your meal-kit provided by Local Crate, please contact us at firstname.lastname@example.org within 30 days. Local Crate may require you to return the product or provide a photo of the product that you are not satisfied with in order for us to provide credit back to your account or give you cash back. You are able to skip weeks, pause, or cancel your subscription at any time with no commitment within the “My Account” section (url to “my account” section here).
Local Crate may provide “gift subscriptions” that are available for purchase through the Site. When you purchase a “gift subscription”, we will send an email to the recipient that can redeem the gift. The recipient will be required to create a Local Crate account in order to access site and redeem the gift.
As a promotional activity Local Crate will provide “Free Meals” or “Free Trial” to individuals for a specific amount of meals. Once your “Free Meals” or “Free Trial” ends, Local Crate (or our third party payment processor) will begin billing your account on a recurring basis based on your subscription terms unless you cancel your subscription at the end of your free trial. You are able to cancel your subscription in your “My Account” section.
Local Crate uses a cold packaging solution to ensure quality and integrity of your products. Local Crate packages your products to ensure that your products remain fresh in your unopened delivery box at a temperature of 80 degrees Fahrenheit for 6 hours from time of delivery. Please check the quality of your product upon delivery to see if there is any discrepancy. All meat and seafood should arrive at or below 41 degrees Fahrenheit. In the event that your meat and seafood arrive at a temperature above 41 degrees Fahrenheit discard the items and contact customer service. Local Crate recommends that you immediately place all perishable items into refrigeration upon delivery.
Local Crate delivers to certain portions of Minnesota, Illinois, and California. You must live in a residential apartment or home, or received permission from your employers or business owner to receive shipments.
Local Crate is not responsible for the proper and safe washing, preparation, storage, and cooking of meals following delivery. You should follow all instructions specified on the recipe card and follow USDA recommended internal temperatures:
- 165 degrees Fahrenheit for poultry
- 160 degrees Fahrenheit for ground meats
- 145 degrees Fahrenheit for whole meats
- 145 degrees Fahrenheit for seafood
Also as directed on the recipe cards, please wash all fresh product before using.
Dietary Preferences & Nutritional Information
Local Crate does not guarantee the accuracy of any nutritional information provided. Local Crate will not be responsible for any loss or damage resulting from your dependence on nutritional information. Local Crate cannot ensure that the products provided and consumed are in accordance with the stated dietary preferences. Local Crate takes precautions to limit potential for cross-contaminated but cannot ensure cross-contamination as Local Crate stores and prepares products in facilities that contain all 8 major US allergens: milk, wheat, egg, soy, fish, shellfish, peanuts, and treenuts.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Local Crate and Local Crate is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Local Crate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Local Crate of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Local Crate may share such information and data with any third party with whom Local Crate has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Local Crate or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Local Crate content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Local Crate and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Local Crate or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Local Crate has no obligation to monitor the Communication Services. However, Local Crate reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Local Crate reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Local Crate reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Local Crate’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Local Crate does not control or endorse the content, messages or information found in any Communication Service and, therefore, Local Crate specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Local Crate spokespersons, and their views do not necessarily reflect those of Local Crate.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to the Site or posted on any Local Crate web page
Local Crate does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any Local Crate Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Local Crate, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Local Crate is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Local Crate’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by Local Crate from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Local Crate Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Local Crate, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Local Crate reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Local Crate in asserting any available defenses.
THE INFORMATION, SOFTWARE AND PRODUCTS (FOR PURPOSES OF THESE TERMS, PRODUCTS SHALL INCLUDE MEALS), INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. LOCAL CRATE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LOCAL CRATE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE AND PRODUCTS CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LOCAL CRATE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE AND PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN THE EVENT OF AN ERROR ON THE SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, LOCAL CRATE RESERVES THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (E.G. THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, THE CAPABILITIES OF YOUR COMPUTER, MANUFACTURING OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
IN NO EVENT SHALL THE LIABILITY OF LOCAL CRATE TO YOU ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS, OR ACCESS OR USE OF THE SITE OR CONTENT, EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID LOCAL CRATE IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING CONSTITUTE LOCAL CRATE’S SOLE LIABILITY AND OBLIGATION TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL/EQUITABLE THEORY.
Local Crate reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. This agreement is governed by the laws of the State of Minnesota (without regard to that state’s conflict of laws provisions) and you hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Hennepin County, Minnesota in all disputes arising out of or relating to the use of the Site or the products offered on this Site. You agree that you shall only bring a legal or equitable action against Local Crate on an individual basis and not on as a plaintiff or class member in any purported class or representative action. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Local Crate as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Local Crate with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Local Crate with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
Local Crate reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Local Crate encourages you to periodically review the Terms to stay informed of our updates.
Local Crate respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is Local Crate’s policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify Local Crate by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Local Crate to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) 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 (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415
Local Crate welcomes your questions or comments regarding the Terms:
CIY Foods, LLC. / DBA Local Crate
955 Mackubin St.
St. Paul, Minnesota 55103
Effective as of June 15, 2018