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.
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.
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.
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.
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.
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.
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.
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 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.
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 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.
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.
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.
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.
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.
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.
© 2018 Ripple Foods, PBC. all rights reserved.