Terms of Service

Last Updated on January 4, 2018

Welcome to The Good Kitchen! These terms and conditions (the 'Terms' or 'Agreement') govern your use of The Good Kitchen's websites, emails, and mobile applications that link to or reference these Terms ('Service'). By using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and have read and understand our Privacy Policy. Further, by use of the Service, you agree to enter into a legal binding agreement with The Good Kitchen, LLC, a North Carolina limited liability company. Please do not access or use the Service if you are unwilling or unable to be bound by the Terms.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED. WE BELIEVE MEDIATION AND ARBITRATION ARE THE FAIREST AND LEAST EXPENSIVE APPROACH FOR BOTH OUR COMPANY AND YOU, AND AS SUCH THIS TERMS OF SERVICE INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

1. DEFINITIONS

A. Parties

'You' and 'your' refer to you, as a user of the Service who accesses, browses, crawls, scrapes, or in any way uses the Service. 'We', 'us', and 'our' refer to The Good Kitchen.

B. Content

'Content' means text, images, photos, audio, video, location data, and all other forms of data or communication.

'Your Content' means Content that you submit or transmit to, through, or in connection with the Service, such as offers, posts, ratings, comments, and information that you publicly display or is displayed in your account profile.

'User Content'' means Content that users submit or transmit to, through, or in connection with the Service.

'The Good Kitchen Content' means Content that we create and make available in connection with the Service.

'Third Party Content' means Content that originates from parties other than The Good Kitchen or its users, which is made available in connection with the Service.

'Service Content' means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and The Good Kitchen Content.

2. SERVICE DESCRIPTION

ORDERING

The ordering process is simple.

1. Select a Subscription Plan that works best for you, including number of meals you want and how often you want to receive them.

2. Choose the specific meals you want to receive in your first shipment or tell us to choose them for you.

3. Create your customer profile.

4. You’re all set!

The menu is set in advance. Each Sunday you'll receive an email reminding you to select your meals by noon Friday for shipment the following Monday. If for some reason you miss the meal selection cutoff, we'll select an assortment of fresh meals for your box.

SHIPPING

Shipping is FREE! All orders will ship via FedEx on Mondays and arrive at your door on Tuesday or Wednesday, depending on where in the country you live. At checkout we will let you know which day to expect your order. Please refrigerate (or freeze) upon arrival. You will receive a tracking email when your box has left our facility on Monday afternoon. All shipments include insulated liners and ice packs to keep meals at a safe temperature until they arrive at your door. All shipping materials are recyclable so please help us reduce our footprint by recycling your box, emptying the ice pack gel into your sink, recycling the ice pack and liner plastic where you recycle plastic bags. The insulation (inside the liner) is compostable and can be added to your trash waste or your compost pile.

SUBSCRIPTION

Our subscription plans come in a few suggested sizes, and because not everyone has the same needs, we also offer the ability to customize your plan. With plans as small as 5 meals and as large as 30 meals, and the ability to schedule your shipments weekly, every other week, or monthly, we are confident there is a plan that will suit your schedule and budget no matter your lifestyle. You can opt to select your individual meals for each delivery, or lean on us to select for you if you miss the meal selection cutoff time on Fridays at noon. In addition to our amazing meals, the Good Kitchen offers snacks, supplements, and other goodies of all types to round out your nutrition needs. If you opt for any of these add-ons, they will be offered as an additional purchase at the end of your meal selection process each week, and will be delivered in each of your shipments.

During the registration process, you may be asked to provide The Good Kitchen with your name, password, and additional information necessary to authenticate your identify and assist in processing your transactions on the The Good Kitchen site. Please read our Privacy Policy on how this information will be used. Importantly, your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself.

You may not impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

FEES

You will be charged for your purchases.  As part of using the Service, you agree that The Good Kitchen may immediately authorize your credit card (or other approved payment vehicle) for payment for any charges incurred under your account. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. If you have a question about any The Good Kitchen charge on your credit card statement, please contact info@thegoodkitchen.com.

REHEATING

As each of our meals is unique and requires slightly different directions for serving, please refer to the label on each individual meal and follow the instructions for maximum flavor and experience! Our meals are served in a microwave-ONLY BPA-free recyclable plastic trays. DO NOT place any meals in the oven without first transferring the contents to an oven-safe container.

INGREDIENTS

We only use real, wholesome ingredients in our meals. All meals are gluten free, soy free, and processed sugar free and all ingredients are sourced from folks we know and trust. We take great pride in sourcing our products with integrity and providing a product that contains only real foods that you will recognize. Each meal that you select each week will include a list of ingredients on the online menu as well as nutritional information*. Please be mindful of the listed ingredients if you have any special dietary needs or allergies. Since we cook our meals in small batches, the ingredients listed cannot be substituted in any way. Thanks for your understanding.

*The nutritional information provided is taken from the USDA nutritional database. However, our analysis has not been verified by an independent laboratory.

FOOD ALLERGIES

We make every effort to identify all ingredients in every meal and list common allergens. Our production staff is well-trained to recognize and respect the severity of food allergies. In addition, each meal is clearly labeled with a detailed list of ingredients, and you can also find them in the description under each meal on our website. The Good Kitchen cannot assume any liability for adverse reactions to food consumed or items one may come into contact with while eating our meals. Please be aware that our facility prepares foods and uses ingredients in our products that may contain dairy, eggs, tree nuts, tree nut oils and shellfish.

MEALS

The Good Kitchen meals are prepared in our kitchen daily with well-sourced proteins and produce. We work with a network of trusted purveyors to bring high-quality, well-balanced meals to your table. Our meals are prepared with grass-fed, grass-finished, pastured beef and pork. All chicken is antibiotic-free and hormone-free and we use only good fats. All meals are cryo-vacuumed in reusable, recyclable, BPA-free trays that are microwave safe. Our meals remain fresh until the “Use By/Freeze By” date printed on the meal label. From that date, meals are freezable and should be eaten within six months for optimal freshness. Dates vary by meal, so please check your meals when they arrive for the correct “Use By/Freeze By” date. Once frozen, meals should be stored in the freezer until ready to eat. Frozen meals should be thawed in the fridge overnight and consumed within 72 hours of thawing. Please refer to the individual meal for specific reheating instructions. Frozen, thawed and cooked veg dishes may contain water as a byproduct. Once food is thawed in the refrigerator, it is safe to refreeze without cooking, although there may be a loss of quality due to moisture lost through thawing. If previously cooked foods are thawed in the refrigerator, you may refreeze the unused portion. See the USDA site for more on frozen foods.

RETURNS & REFUNDS

At The Good Kitchen we have a commitment to 100% customer satisfaction. We love our customers and want to do everything in our power to make things right should a problem arise. If you have issue with our product, please contact Customer Service. Due to the freshly prepared nature of our meals, we cannot accept returned meals. Should there be an issue with your delivery due to weather or other unforeseen circumstances, our staff will work in conjunction with FedEx as diligently as possible to correct those issues.

SUBSTITUTIONS

Every effort will be made to ensure that your order is sufficiently filled. However, due to the fresh nature of our inventory there may be times when a substitution will need to be made. In the event that a product is unavailable, we will select a similar product within your known dietary preferences.

ADD-ONS

For your snacking pleasure, we also offer trusted products from companies we believe in. These items are delivered with your meals.

3. CHANGES TO THE TERMS OF SERVICE

We may modify the Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms indicates your acceptance of the modifications.

4. USAGE GUIDELINES

We request that you follow some basic rules that make The Good Kitchen a rewarding experience for all our customers.

A. You agree not to, and will not assist, encourage, or enable others to use the Service to:

  • Violate our content guidelines;
  • Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service's search results or any third party website;
  • Solicit personal information from minors, or submit or transmit pornography; or
  • Violate any applicable law.

B. You also agree not to, and will not assist, encourage, or enable others to:

  • Violate the Terms;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by The Good Kitchen;
  • Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Service Content;
  • Reverse engineer any portion of the Service;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  • Record, process, or mine information about other users;
  • Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database products;
  • Reformat or frame any portion of the Service;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on The Good Kitchen's technology infrastructure or otherwise make excessive traffic demands of the Service;
  • Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  • Use the Service or any Service Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  • Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Service Content; or
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content, or features that enforce limitations on the use of the Service.

5. CONTENT GUIDELINES

A. Responsibility for Your Content

You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by The Good Kitchen.

B. Our Right to Use Your Content

We may use Your Content, including any feedback provided on the Service and products. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose and irrevocably waive, and cause to be waived, against The Good Kitchen and its users any claims and assertions of moral rights or attribution with respect to Your Content.

C. Ownership

We own the The Good Kitchen Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, Service marks, trade names, and other intellectual and proprietary rights throughout the world ('IP Rights') associated with the The Good Kitchen Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the The Good Kitchen Content in whole or in part except as expressly authorized by us.

D. Removal

User Content does not necessarily reflect the opinion of The Good Kitchen. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you.

Please let us know about inappropriate content. If you find something that violates our content guidelines, please let us know at info@thegoodkitchen.com.

6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU, AND NOT THE GOOD KITCHEN, ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE PREPARATION, STORAGE, AND HEATING OF THE MEALS.

OTHER THAN AS EXPRESSLY SET FORTH IN SECTION 2 REGARDING RETURNS AND REFUNDS: (I) WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM, THE SERVICE, THE MEALS, THE CONTENT, THE TRADEMARKS, THE PRODUCTS ON THE PLATFORM, AND ALL OF THE FOREGOING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (III) YOU AGREE THAT YOU USE THE PLATFORM AND THE SERVICE AT YOUR OWN RISK.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR PURCHASE OF THE MEALS OR YOUR USE OR INABILITY TO USE THE PLATFORM OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN ALL CASES, OUR MAXIMUM LIABILITY TO YOU (AND ANYONE CLAIMING RIGHTS THROUGH YOU) SHALL BE CAPPED AT THE MONIES PAID BY YOU TO THE GOOD KITCHEN IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

THE GOOD KITCHEN HAS MADE EVERY EFFORT TO DISPLAY THE MEALS, THE PRODUCTS, COLORS, AND OTHER THINGS YOU SEE ON THE PLATFORM AS ACCURATELY AS POSSIBLE. HOWEVER, THE FINAL MEALS AND PRODUCTS DELIVERED MAY VARY FROM THE IMAGES VIEWED ON THE PLATFORM DUE TO A NUMBER OF FACTORS THAT ARE NOT WITHIN OUR CONTROL. ALTHOUGH WE WILL EXERCISE COMMERCIALLY REASONABLE EFFORTS TO HELP ENSURE THAT THE MEALS AND PRODUCTS CONFORM TO YOUR EXPECTATIONS, VARIATIONS SOMETIMES OCCUR. ALL MEAL AND PRODUCT PRICING, SPECIFICATIONS, AND OFFERINGS ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE PLATFORM MAY CONTAIN INFORMATION ON MEALS, THE SERVICE, AND PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. THE PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS.

7. THIRD PARTIES

The Service may include links to other websites or applications (each, a 'Third Party Service'). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk.

8. INDEMNITY

You agree to indemnify, defend, and hold The Good Kitchen, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the 'The Good Kitchen Entities') harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Good Kitchen reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of The Good Kitchen. The Good Kitchen will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

9. COMPLIANCE WITH APPLICABLE LAWS

The Service (and their servers) are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Service, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10. TERMINATION OF THE AGREEMENT

A. Your Right To Terminate

You may terminate the Terms at any time by closing your account, discontinuing your use of the Service, and providing The Good Kitchen with a notice of termination by emailing us at info@thegoodkitchen.com.

B. Our Right To Terminate

We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Service Content, or any other related information.

C. Terms That Survive

The Terms shall survive termination of this Agreement and your use of the Service.

11. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW

Please read this Section ("Arbitration Agreement") carefully. By agreeing to this Terms of Service, you agree to MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Arbitration Exclusive Dispute Resolution.  Any controversy or claim arising out of or relating to this Agreement, or to the interpretation, breach or enforcement thereof, shall be submitted to arbitration in Charlotte, North Carolina, in a manner agreed upon by the parties then in interest, or in default of such agreement, in accordance with the commercial rules of the American Arbitration Association.  The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Modification. Notwithstanding any provision in these terms to the contrary, we agree that if The Good Kitchen makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to The Good Kitchen.

Small Claims Court. Notwithstanding the foregoing, either you or The Good Kitchen may bring an individual action in small claims court.

Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court or should this Arbitration Agreement be deemed invalid or unenforceable, the parties hereby agree to submit to the personal jurisdiction of the courts located in Mecklenburg County, North Carolina for resolution of the dispute.

Choice of Law. North Carolina law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and The Good Kitchen, without regard to conflict of law provisions.

12. GENERAL

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MEALS OR THE SERVICES MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Further:

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service.

The Terms contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on The Good Kitchen's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms are not assignable, transferable or sublicensable by you except with The Good Kitchen's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.