Ripple Foods PBC Terms of use.

These Terms of Use were last updated on May 2, 2018.

Your access to and use of our website(s), mobile sites, services, applications or advertisements  (the “Properties”) is subject to the following terms of use (these “Terms of Use”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Properties, you accept and agree to be bound by these Terms of Use, which are conditions of permission to access the Properties. If you do not agree to these Terms of Use, you may not have full access to the Properties. If you are younger than 18 years of age, you are forbidden from becoming a member of the Properties or posting information on the Properties.

 The form and nature of the services, content and all information posted on the Properties is subject to change without notice. In addition, these Terms of Use may be changed, altered or modified at any time without prior notice. Ripple Foods PBC (“Ripple,” “we,” or “us”) will make such changes by posting them here. You should check this page periodically for such changes. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. Your continued access of the Properties after such changes conclusively demonstrates your acceptance of those changes.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Properties, with or without notice; charge fees in connection with the use of the Properties; modify and/or waive any fees charged in connection with the Properties; and/or offer opportunities to some or all users of the Properties. You agree that neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees (each, an “Affiliated Entity”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Properties, in whole or in part, or of any service, content, feature or product offered through the Properties.

1. Permitted Use, Limited License and Authorization to Reproduce

Subject to these Terms of Use and any other terms and conditions on the Properties, Ripple hereby grants to you the non-exclusive right to use the Properties and download, install, reproduce, use and disclose the contents of the files or other media provided on the Properties that are specifically identified as available for download, subject to the following conditions: (i) the material may be used for informational and noncommercial purposes only; (ii) it may not be modified in any way, nor distributed, transmitted or re-posted; (iii) no copy is made of any Ripple trademark or logo apart from the page on which it appears; and (iv) any copy of any portion of the material must include the copyright notice appearing on the Properties. The Properties, all of the information and materials contained herein, and the software used to make the Properties available (collectively, “Content”) are and shall remain the property of Ripple and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Properties or making use of the permitted uses allowed under these Terms of Use.

2. Copyrights and Trademarks

As between you and Ripple, all copyrights in these Terms of Use, any Content, or the Properties, and all brand names, logos and trademarks on the Properties, are owned by Ripple. Except as set forth in Section 1 above, no license to download, use, or reproduce any of the Ripple Content or other material, brand names, logos and/or trademarks is given or implied, and the Ripple Content, brand names, logos and/or trademarks may not be downloaded, reproduced, or used (except as an integral part of an authorized copy of material appearing on the Properties pursuant Section 1 and only for as long as you are authorized to use the Properties pursuant to these Terms of Use) or modified or distributed in any way without prior written permission. Except as otherwise expressly authorized herein or in writing in advance by Ripple, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on all or any part of the Properties or the Content. All other trademarks not owned by Ripple that appear on the Properties are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ripple.

3. Interactive Forums

Ripple may host message boards, chat rooms, blogs, and other interactive forums or services (each, a “Forum”) on its Properties. Forums are intended to serve as discussion centers. Any user failing to comply with these Terms of Use may be expelled from and refused continued access to Forums in the future. You understand that Ripple staff, Ripple’s outside contributors, or other users connected with Ripple may participate in Forums or other aspects of the Properties and may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. Ripple is not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Ripple or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE PROPERTIES, YOU DO SO AT YOUR OWN RISK.

4. User-Submitted Ideas, Comments and Other Content

Information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same (each, a “Submission”) may be posted within a Forum or otherwise disclosed or made available to Ripple by you or others through or in connection with the Properties. Submissions posted and/or uploaded to the Forums or through the Properties may be subject to size and usage limitations. You are responsible for adhering to such limitations.

You must have the legal right to upload, post, or otherwise disclose or make available each Submission before you do so. Ripple acquires no title or ownership rights in or to any Submission you submit through the Forums, post through the Properties, or that is otherwise displayed on the Properties. Ripple is acting only as a host, bulletin board or conduit (and not a publisher) for Submissions. For each such Submission that you submit, upload, or post to the Properties, you hereby unconditionally grant to Ripple and its Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and fully-paid-up, fully sub-licensable (through multiple tiers) license, under any and all such rights, without additional compensation to you or any third party to: (a) host (including without limitation offering other Properties users the ability to tag, rate, review and comment on), store, cache, index, archive, crawl, reproduce, distribute, adapt (including without limitation edit, modify, remix, morph, excerpt, alter, translate, and reformat, make, sell, offer to sell, import), copy, scan, create derivative works of, transmit, perform and display (publicly or otherwise), make available to the public and otherwise use and exploit (and have others exercise such rights on behalf of us or our Affiliated Entities, through multiple tiers, to the maximum extent permitted by applicable law) such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media whether now known or hereafter developed or discovered (including without limitation Internet, cable, satellite, and wireless media), for any purpose, including but not limited to any advertising or promotional purposes, developing, manufacturing and marketing products incorporating any aspect of such Submission; (b) exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Submission; (c) use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Submission. You also hereby grant each user of the Properties a non-exclusive license to access your Submission through the Properties, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Properties and under these Terms of Use. To the extent any right you may have in or relating to any Submission cannot be licensed to Ripple and its Affiliated Entities under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including without limitation all rights of publicity, and that such Submission does not misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity. You further represent and warrant that such Submission, and your provision thereof to and through the Properties, complies with all applicable statutes, orders, regulations, rules and other laws.

5. Unauthorized Use or Access

Unless otherwise expressly authorized in these Terms of Use or on the Properties, you may not take any action to interfere with the Properties or any other user’s use of the Properties or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Properties, nor insert any code or product or manipulate the Content in any way that affects any user’s experience. While using the Properties you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Properties to respect the rights and dignity of others. Your use of the Properties is conditioned on your compliance with the rules of conduct set forth in this section.

You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use:

Additionally, you acknowledge and agree that you (and not Ripple) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Properties, and paying all charges related thereto.

6. Links To Other Websites

For the convenience of users of the Properties, one or more links to other Internet websites independently operated by third parties including advertisers and other content providers may appear from time to time. Those independent websites may collect data or solicit personal information from you. Except as otherwise indicated, the Internet websites to which links are provided on the Properties are not under the control of Ripple. Ripple assumes no responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between the Properties and any other Internet website is not and shall not be understood to be an endorsement by Ripple of the opinions or views expressed by the linked Internet website, or of the owner or proprietor of the linked Internet website.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.

Ripple shall have the right, at any time and in its sole discretion, to block links to the Properties through technological or other means without prior notice.

7. Mobile Services

The Platform contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or devices. By using Ripple’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

8. Membership; User Names and Passwords

Any online community hosted on our Properties (the “Community”) is designed for you and your family’s enjoyment. As a member of the Community, you may receive certain specialized content, as well as special offers from Ripple. If you become a member of the Community, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, Ripple may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

You further agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. Ripple reserves the right to terminate your membership to the Community if any individual other than you attempts to access the Properties using your user name or password or if you (or anyone using your user name and password) otherwise breach these Terms of Use. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Properties in violation of these Terms of Use. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Properties and update your e-mail address. Should your e-mail address become undeliverable, your membership to the Community may be suspended until such time as you provide a currently-deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. You must remove yourself from membership to the Community should you wish to no longer receive e-mail communications from Ripple. Simply “replying” to an e-mail message sent to you is not an authorized method of removal and such requests will not be processed. Removal from the Community is properly accomplished by following the “unsubscribe” instructions in an e-mail communication. Ripple may send you an email confirming your removal from the Community. No other methods of removal are approved or authorized.

9. No Responsibility for Third Party Content

In general, the Submissions in the Forums and elsewhere on the Properties are supplied by third parties, including but not limited to users. In addition, some content, media and materials, including without limitation information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black and white, or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, that is displayed on the Properties is supplied by third parties and/or using a third party website’s media player (such as Twitter’s API), hereafter referred to collectively as “Third Party Content.” Accordingly, Ripple is acting only as a host, bulletin board or conduit (and not a publisher) of such Submissions and Third Party Content and has no more editorial control over such Submissions and Third Party Content than does a public library, bookstore, or newsstand. Ripple and the Affiliated Entities acquire no title or ownership rights in or to any Submission or Third Party Content. Any opinions, advice, statements, services, offers, information or other Submissions or Third Party Content expressed or made available by third parties, including information providers, are solely those of the respective authors or distributors, and not of Ripple. Ripple, the Affiliated Entities, and the third-party providers of information do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any such Submissions or Third Party Content. Furthermore, Ripple and the Affiliated Entities expressly disclaim all responsibility for, and make no endorsement or representations as to, the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement, or other Submission or Third Party Content made through the Forums or displayed elsewhere on the Properties by anyone other than an authorized Ripple representative while acting in his/her official capacity. Ripple and the Affiliated Entities are not responsible for any errors or omissions in any Submission or Third Party Content, or for hyperlinks embedded in any Submission or Third Party Content. Under no circumstance will Ripple, any Affiliated Entity or their respective employees, officers, directors, shareholders, agents, and representatives, be liable for or in connection with any loss or damage caused by your reliance on any Submission or Third Party Content made on or through the Properties. In addition, Ripple and the Affiliated Entities have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of any information, Third Party Content or other Submission voluntarily made public through any Forum or any other part of the Properties.

10. Online Store

Ripple is working to enhance your enjoyment of our products by introducing an online store. Our store, which is located on our website, www.ripplefoods.com, is hosted by Shopify Inc. (as used herein, the “Online Store”). Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

Account Creation. When purchasing Products from the Online Store, you may register for an account with Ripple to expedite and/or facilitate future purchases and provide certain information about yourself as prompted by the Online Store registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Online Store does not violate any applicable law or regulation or these terms of use. You may de-activate your account at any time, for any reason.

Account Responsibilities. You are responsible for maintaining the confidentiality of your account login information. You are fully responsible for all activities that are associated with your account (including but not limited to any purchases, use of the Online Store, and logging out from your account at the end of each session when accessing the Online Store. You agree to: (a) immediately notify Ripple of any unauthorized use or suspected unauthorized use of your account or any other breach of security. When you provide Ripple with such notice, Ripple will suspend or otherwise secure your account to prevent future unauthorized activity. Notwithstanding the foregoing, Ripple will not be liable for any loss of damage arising from your failure to comply with this Account Responsibilities section.

Products and Pricing. All pea protein, plant-based, non-dairy products that may be developed by Ripple Foods from time to time (each a “Product” and collectively, the “Products”) listed on the Online Store are subject to change, as is product information, pricing, and availability. Ripple reserves the right, at any time, to modify, suspend, or discontinue any website feature or the sale of any Product with or without notice. You agree that Ripple will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Online Store feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in “Orders” below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

Payment Terms. For each Product you order on the Online Store, you agree to pay the price applicable for the product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Ripple will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Ripple’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Ripple. All payments are non-refundable (except as expressly set forth herein).

Orders. Your receipt of an Order confirmation from us does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your Order to accept or decline or cancel your Order (in whole or in part) for any reason. We may require additional verifications or information before accepting any Order. Your Order is not accepted until it is shipped (or a portion of the Order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your Order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the Order) or (b) not charge your credit card or PayPal account for the cancelled portion of the Order.

We reserve the right to refuse any Order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

PayPal Purchases . Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your Order as set forth above. The provisions of this paragraph does not alter or amend any other provisions of this Agreement.

Shipping Policy. Any delivery dates provided by Ripple are estimates. Ripple reserves the right to make deliveries in installments. Ripple will send you an email when your order has shipped. We currently ship to select metropolitan areas within the US. Unfortunately, we do not currently ship to all states. If we do not ship to where you live, you will not be able to submit an Order on the Online Store.

11. Return Policy

Offers, Coupons and Promotions. Ripple may from time to time and in its sole discretion make available special offers, coupons or promotions to its customers for the purchase of Products. Any such offers, coupons or promotions will expire on the dates specified in the offer, coupon or promotion. Offers, coupons, or promotions shall specify the terms that apply to their use and redemption and those terms shall apply.

Ripple reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers, coupons or promotions, including without limitation, using multiple user accounts or email addresses to meet offer, coupon or promotion requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit any coupons as a result of any fraudulent, illegal, or inappropriate conduct. Ripple reserves the right to void any such coupons or offer/promotion codes granted if it suspects that these were derived in a fraudulent manner, a manner that violates these terms of use or the terms of the offer, coupon or promotion, or in a manner otherwise not intended by Ripple. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers, coupons or promotions, may subject you to liability for civil and/or criminal penalties under applicable law.

Questions or complaints regarding your Online Store shopping experience should be sent to us at shop@ripplefoods.com.

12. No Confidentiality or Other Obligations

Ripple does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Properties, any products or services of Ripple or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Properties (whether or not in response to a solicitation made on or through the Properties), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Ripple has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.

13. Monitoring; Removal of Submissions

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate each Submission before allowing it to be posted on the Properties or any Forum; (b) monitor Submissions; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Submission, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Properties; to protect Ripple, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and the Properties’ users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose.

14. Colors

We have done our best to display as accurately as possible the colors of the products shown on the Properties. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

15. Termination of Access

These Terms of Use are in effect until terminated by Ripple. In addition to any right or remedy that may be available to Ripple under applicable law, Ripple may suspend, limit, or terminate all or a portion of your access to the Properties, and/or your rights to use any of the Content, at any time with or without notice and with or without cause, including without limitation, if Ripple believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Properties will immediately cease. In addition, Ripple may refer any information on illegal activities, including your identity, to the proper authorities. You agree that Ripple and the Affiliated Entities shall not be liable to you or any third party for any suspension, limitation, or termination of your access to the Properties. Sections 2, 4-6, 9, 12-13, 16, and 18-27 shall survive any expiration or termination of these Terms of Use.

16. Privacy

Ripple takes the privacy of your personally identifiable information very seriously. Your submission of personally identifiable information through the Properties is governed by Ripple’s, which is located at http://www.Ripplehome/support/privacy-policy (“Privacy Policy”). These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

17. Disclaimer

While Ripple makes reasonable efforts to provide accurate Content through the Properties, Ripple cannot guarantee accuracy. All Content, Submissions and Third Party Content are used by users at their own risk. THE PROPERTIES, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PROPERTIES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RIPPLE AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE PROPERTIES. FURTHER, RIPPLE AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. RIPPLE AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROPERTIES OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROPERTIES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE PROPERTIES.

IN NO EVENT WILL RIPPLE OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER RIPPLE NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PROPERTIES OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE SITE BY RIPPLE OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PROPERTIES IS TO STOP USING THE PROPERTIES. THE MAXIMUM LIABILITY OF RIPPLE AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO RIPPLE TO ACCESS AND USE THE PROPERTIES.

18. Indemnification

You agree to defend, hold harmless and indemnify Ripple, the Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use; or (ii) your use of the Content or services available on the Properties in any unauthorized manner.

19. Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

20. Waiver; Remedies

The failure of Ripple to partially or fully exercise any rights or the waiver of Ripple of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by Ripple or be deemed a waiver by Ripple of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Ripple under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit Ripple’s right to exercise any other right or remedy.

21. International Users

The Properties are controlled, operated and administered by Ripple (or its Affiliated Entities) from its offices within the United States of America and are not intended to subject Ripple to the laws or jurisdiction of any state, country or territory other than that of the United States. Ripple does not represent or warrant that the Properties or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Properties do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Ripple may limit the Properties’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

22. Filtering

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Ripple does not endorse any of the products or services listed at such website.

23. Contact Us; Questions or Complaints

Should you have any questions regarding these Terms of Use, please submit them through info@ripplefoods.com.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Properties, please send an e-mail to info@Ripplehome.com. You may also contact us by writing to: Ripple Foods PBC, c/o Ripplefoods.com Contact, 901 Gilman Street, Berkeley, CA, 94710 (888) 206-1664.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

24. Copyright Policy

It is our policy to remove, or disable access to, material that infringes any copyright from our Properties after we have been notified by the copyright owner or the copyright owner’s legal agent.  If you believe that your work has been copied and posted on our Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on our Properties; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law; (f) 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.  Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows: Copyright Agent, Ripple Foods PBC, 901 Gilman Street, Berkeley, CA, 94710, (888) 206-1664, info@ripplefoods.com.

25. Disputes

Any dispute or claim relating in any way to your use of the Properties, or to any products or services sold or distributed by Ripple will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Ripple Foods, PBC, Attention:  CFO, 901 Gilman Street, Berkeley, CA 94710. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes.  The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Ripple will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

26. Governing Law; Forum

The Federal Arbitration Act, applicable federal law, and the laws of the State of California shall govern these Terms of Use and any dispute between you and Ripple, without regards to its principles of conflicts of law. FOR ANY CLAIMS THAT MAY NOT BE SUBJECT TO ARBITRATION, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE FEDERAL AND STATE COURTS LOCATED IN THE CITY AND COUNTY OF SAN FRANCISCO, CALIFORNIA, AND WAIVE ANY OBJECTION TO SUCH COURTS, INCLUDING WITHOUT LIMITATION ON THE BASIS OF JURISDICTION, VENUE OR INCONVENIENCE OF THE FORUM.

27. Miscellaneous

These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Ripple. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. By using the Properties, you agree to be bound by these Term of Use, and to the extent that any or all terms of these Terms of Use are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Ripple with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms of Use shall supersede such other agreement and prevail. Notices to you may be made via posting to the Properties, by e-mail, or by regular mail, in Ripple’s discretion (in the latter two situations, via the most recent address that we have on file). The Properties may also provide notices of changes to these Terms of Use or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

© 2018 Ripple Foods, PBC. all rights reserved.

Dairy-Free. As It Should Be.