Thank you for choosing Bitetime LLC, Inc (referred to as “Bitetime” “we” “our” or “Company”). This Terms of Service (“Terms”) applies to Bitetime’s websites branded pages on third party platforms (i.e., social networking services), mobile applications, and our direct marketing campaigns or other online communications (collectively, “Bitetime Services”) and governs your purchase of products or services sold through the Bitetime Services.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH Bitetime ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION BELOW. PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use the Bitetime Services in any manner. By visiting the Bitetime Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the Bitetime Services in a manner consistent with any and all applicable laws and regulations.
Bitetime and other marks indicated on our site are trademarks owned exclusively by Bitetime The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Bitetime’s, in any manner that seeks to disparages or discredit Bitetime or in any manner that may cause confusion among our customers.
All content on this website is the exclusive property of Bitetime. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
PROTECTING YOUR ACCOUNT
If you use Bitetime Services, you may have a username and passwords. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account. You agree to accept responsibility for all activities that occur under your account or password. Bitetime Services reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.
LICENSE AND SITE ACCESS
Bitetime grants you (the user) a limited, nonexclusive, nontransferable, nonsublicenseable license to access and make personal use of this website. This license does not include the right to distribute or publicly display any content on the website, modify or otherwise make any derivative use of the content on the website, download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Bitetime. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Bitetime. You are prohibited from using meta tags or any other hidden text utilizing Bitetime’s name or trademarks without the express written consent of Bitetime. Any unauthorized use of this websites voids the limited license granted by Bitetime and may subject the user to legal liability.
CONTENT SUBMITTED BY SITE USERS
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Bitetime and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You may not post or distribute content that is illegal or that violates these Terms and Conditions. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content does not infringe on any copyright or any other third-party right nor violate any applicable law or regulation; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Bitetime or its affiliates for all claims resulting from content you supply. Bitetime reserves the right to remove any content at our sole discretion. Bitetime is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other use of this site, or any Bitetime affiliated site.
Additionally, Bitetime is not responsible for, and does not endorse, any content posted by any user of the Bitetime websites who is not clearly and unequivocally affiliated with Bitetime. Under no circumstance will Bitetime be held liable for any alleged loss or damage caused by any third party based on or in connection to any alleged reliance on any content posted by an unaffiliated third party. If you believe that a user of any Bitetime site is misusing the site, please contact us directly.
Bitetime may, on occasion, display content, advertisements, and promotions from third parties through the websites or included in a shipment. We do not control, endorse, or adopt any content made by a third party. Bitetime makes no representations or warranties of any kind regarding this content created by third parties, including, but not limited to, regarding its accuracy. You acknowledge and agree that any interaction with a third party who is providing content is exclusively between you and the third party.
The Bitetime website, and any Bitetime subsidiary or affiliated website, it provided on an “as is” basis. Bitetime makes no warranty as to any guaranteed reliability, accuracy, timeliness, usefulness, adequacy, or suitability of their Website. Bitetime, cannot and will not warrant against machine or human error, delays, omissions, or potential loss of data. Bitetime cannot and does not guarantee that any potential download from this website, or any affiliated website, will be free of any computer based virus, Trojan horse, worm, or computer code that may result in a contamination of a third-party machine. Bitetime cannot warrant or guarantee that this website and its services will be uninterrupted or completely error free at all times.
LIMITATION OF LIABILITY
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
You agree to indemnify, defend, and hold Bitetime, its officers, directors, employees, agents, licensors, suppliers, subsidiaries, and affiliates harmless from and against any claims, actions, demands, damages, awards, judgments, liabilities, and settlements including, without limitation, reasonable legal fees, expenses, and costs resulting from, or alleged to result from your violation of these Terms, or any use by you of this website in any manner other than as expressly authorized in these Terms.
TERMS OF SALE
Bitetime SELLS EXPERTLY CRAFTED FOOD (“MEALS”) TO END-USER CUSTOMERS, SHIPPED ON THE DAY CHOSEN TO THE ADDRESS CHOSEN. THE PRICE THAT WE WILL CHARGE FOR THE MEALS MAY BE BASED ON A TIERED PRICING STRUCTURE THAT DEPENDS ON WHAT MEALS A MEMBER HAS CHOSEN AND THE NUMBER OF MEALS SHE/HE HAS SELECTED. PRICING FOR MEALS CAN BE FOUND ON THE BITETIME WEBSITE. WE RESERVE THE RIGHT TO CHANGE A MEAL’S PRICE OR THE TIERED PRICING STRUCTURE AT ANY TIME, WITH APPROPRIATE NOTICE TO YOU.
If any problems arise with your order, or with the shipping address or Payment Method associated with your order, and Bitetime is unable to resolve the problem, we may notify you via e-mail using the address associated with your account. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Meals until the problem has been resolved.
DISPUTE RESOLUTION - ARBITRATION
Nearly any concern you may have with Bitetime and our products or services can be resolved quickly, easily, and to the customer’s fullest satisfaction simply by contacting our customer service department. In the incredibly rare situation where Bitetime is unable to resolve a complaint to your satisfaction, all parties agree to resolve any outstanding dispute through binding arbitration instead of in a court of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions will be resolved by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). You and Bitetime agree that any arbitration will occur in the State of Tennessee, and will be conducted by a single arbitrator pursuant to AAA rules and policies. The arbitrator shall be empowered to grant whatever relief would be available in a court of law or in equity. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Any dispute or appeal over the enforcement of an arbitration award is subject to the exclusive jurisdiction of the state courts of Tennessee in the County of Davidson.
You agree to arbitration on an individual basis. Neither you as the customer or Bitetime shall be entitled to join or consolidate claims by or against other customers or otherwise participate in any claims as a representative, class member, or in a private attorney general capacity. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision is severable and the remaining terms shall remain enforceable.
REDEMPTION OF FREE PRODUCT AND COUPON OFFERS
From time to time, Bitetime offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.bitetime.com) or announced via other means of communication in conjunction with the promotion of the Bitetime product collection, including radio and TV broadcasts, internet forums and various online websites.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Bitetime, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
Meals are shipped weekly. Shipments are made on mondays and wednesdays so you will receive an email with your tracking information on the day you selected your meals to ship. For any questions or concerns regarding delivery, please call customer service at 1.844.986.2483 as soon as possible.
Because we ship only delicious, fully cooked, healthy - but perishable - food items, we are unable to ever accept returns. However, if there is a problem with your order we are always here to make it right. If there is an issue with you shipment you must call email Bitetime within 24 hours of recieving your shipment. On a case by case basis, and in our sole discretion, we are able to provide pro rata refunds or credit, in the event of missing items, damaged items, or incorrect meals. We will happily reship items if possible. Bitetime may require you provide us with photographic evidence or documentation for a damaged or incorrect meal before any refund may be issued.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Nashville, Tennessee before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bitetime’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.