Gobble Green may change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms and Conditions, your only remedy is to discontinue using the site.
Eligibility
By registering to use the site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the site in accordance with these Terms and Conditions.
Important Health Information
This site is available to help you start and maintain a healthy vegan diet. Nothing contained on this site is intended to be instructional for medical diagnosis or treatment. Please consult your physician before beginning a vegan diet, or any other diet plan. If there is a change in your medical condition, you must immediately notify your physician.
Your Responsibility to Protect Your Account
When you sign up to use the site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow on your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Gobble Green for losses incurred by Gobble Green or another party due to someone else using your account or password as a result of your failure to use reasonable care to safeguard your account.
Content Posted By You
The site contains various pages where you and other members may post content. You may only post content to the site that you created or which the owner of the content has given you permission to post. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By posting or distributing content to the site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the site and (b) the content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
By submitting or posting content to the site, you grant Gobble Green, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. Once you submit or post content to the site, Gobble Green does not need to give you any further right to inspect or approve uses of such content or to compensate you for any such uses. Gobble Green owns all right, title, and interest in any compilation, collective work or other derivative work created by Gobble Green using or incorporating content posted to the site.
You should carefully choose the information you post on the site. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the site and the consequences of posting anything on the site.
Content Posted By Other Users
Gobble Green is not responsible for, and does not endorse, content in any posting made by other users on the site. You are solely responsible for your reliance on anything posted by another member on the site. Under no circumstances shall Gobble Green be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance of any content posted by a third party on the site. If you become aware of misuse of the website by any person, please contact Gobble Green immediately. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You should contact your doctor before following any diet, exercise, or other medical advice posted by any member on the site.
Activities Prohibited on the Site
The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. Gobble Green reserves the right to investigate and take appropriate legal action against anyone who, in Gobble Green’s sole discretion, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
- Using the site for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Gobble Green in its sole discretion or pursuant to local community standards. Gobble Green takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue;
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming";
- Harassing, threatening, stalking, or abusing any person; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the site, or which, in the sole discretion of Gobble Green, exposes Gobble Green or any of its customers or suppliers to any liability or detriment of any type.
Gobble Green reserves the right-but is not obligated-to do any or all of the following:
- Record the dialogue or content posted on any pages of the site;
- Investigate an allegation that anything posted on the site does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the posting;
- Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
- Terminate a user's access to the site upon any breach of these Terms and Conditions;
- Monitor, edit, or disclose any posting on the site; and
- Edit or delete any communications posted on the site, regardless of whether such communications violate these standards.
Gobble Green Copyrights
The entire contents of the site are copyrighted as a collective work under the laws of United States and other copyright laws. Gobble Green holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the site solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the site.
Copyright Protection
If you believe any materials accessible on or from the site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting Gobble Green and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by email to admin@gobblegreen.com.
In an effort to protect the rights of copyright owners, Gobble Green maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the site who are repeat infringers.
CREDIT CARD REFUND & CHARGEBACK POLICIES
We take great pride in providing exceptional products to our customers. However, we recognize that tastes are subjective and that Gobble Green cuisine may not be to everyone’s liking, despite the fact that we use only the finest ingredients and have a fabulous, passionate staff! Therefore, we do protect our company’s interests by having exchange and chargeback policies in place. If your meals arrive in a damaged condition, then we will gladly replace them with proof of the damage (snap a photo of the damaged goods and email it to us at info@gobblegreen.com for verification). Gobble Green does not offer monetary refunds on purchases made, we only replace damaged goods with proper verification.
Gobble Green rarely has dissatisfied customers, but we have had a couple of chargeback attempts for some questionable reasons (along the lines of “I just realized I dislike broccoli” or “I signed up for a meal plan that contracted me clearly on the check-out page to X amount of weeks for a discounted meal plan price but just realized that I don’t like commitments” so I don’t want to pay for goods I purchased). Well, we do care about our customers and strive to provide the best customer service going, but we are also a business. We already donate quite a bit of our profits to charitable organizations and can’t sustain operations if we just give our products away as well—which is in essence what happens when a chargeback occurs. So, here is our chargeback policy:
A "chargeback" occurs when a customer disputes a credit card charge. A fraudulent chargeback occurs when a customer attempts to dispute a charge for merchandise that they have actually purchased.
Attempting to dispute a valid credit card charge is fraudulent and is illegal. Gobble Green does not tolerate chargeback fraud, and we follow the following procedure when this takes place:
1. If you attempt to dispute or deny a valid charge, we will first contact you directly, because most disputed charges occur as a result of the customer not recognizing our charge on their statement. You will have five (5) calendar days to reverse your dispute upon being contacted by the Gobble Green staff.
2. If you do not reverse the dispute or otherwise attempt to resolve the situation, we will file a police report with your local authorities and seek criminal charges against you.
3. Your account will be turned over to a collection agency, which will initiate collection activities as well as report your account as delinquent to all of the major credit bureaus. In addition to our U.S. collection agency, we also contract with collection agencies abroad.
4. If you still do not resolve the situation by either reversing the dispute or reimbursing us for the amount disputed plus our bank fees, we will file a civil lawsuit against you for the amount disputed, for bank fees related to the chargeback, for additional damages for the harm your chargeback causes to our merchant credit record, and for punitive damages as the courts do not take credit card fraud lightly.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and or your use of the site resides in the courts located in the State of Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
Warranties
The site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, GOBBLE GREEN, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Gobble Green makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the site. Gobble Green cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Gobble Green cannot and does not guarantee or warrant that files available for downloading from this site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Gobble Green cannot and does not guarantee or warrant that any content you post on the site will remain on the site. Gobble Green does not warrant or guarantee that the functions or services performed on the site will be uninterrupted or error-free or that defects in the site will be corrected.
Limitation of Liability
GOBBLE GREEN’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH GOBBLE GREEN IS TO DISCONTINUE YOUR USE OF THE SITE. GOBBLE GREEN AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF GOBBLE GREEN HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GOBBLE GREEN’S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend, and hold Gobble Green, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Termination
Gobble Green has the right to terminate your account and access to the site for any reason, including, without limitation, if Gobble Green, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms and Conditions (either directly or through breach of any other terms and conditions or operating rules applicable to you). Gobble Green may, but shall be under no obligation to, provide you a warning prior to termination of your use of the site.
Notice
Gobble Green may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the site, or by written communication delivered by mail to your address on record in your Gobble Green account. You may give notice to Gobble Green at any time via electronic mail.
