Terms of Service

General

The spoonfulofcomfort.com website (the “Site”) is a service of Spoonful of Comfort, LLC (“Spoonful”). This document explains the terms of use and service (“Terms”) when you use the Site. When you access the Site, you agree to the terms and conditions from this document. If you do not agree to any of the terms or conditions, you are not authorized to access, use, or order products from the Site.

Spoonful provides care packages, food, and other items on its Site. Collectively, the items listed on the Site are “Products”.

Spoonful reserves the right to reserves the right to change or modify these Terms at any time and in our sole discretion. By continuing to access or use the Site or order, receive, or use Products, you confirm your acceptance of the Terms. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or order, receive, or use the Products.

Use of the Site

You may access and use the Site solely for your personal use in accordance with these Terms. You agree not to access or use the Site in any manner that is prohibited by these Terms or is otherwise unlawful. We reserve the right, in our sole discretion, to cancel orders and refund customers’ money, to refuse to conduct business with you, terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access the Site is terminated, you will not thereafter access, or attempt to access, the Site, directly or indirectly, and (b) if your authorization to access the Site is suspended, you will not thereafter access, or attempt to access, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof. Misuse or unauthorized sharing of promotional codes is prohibited; in cases of suspected abuse, orders will be canceled or blocked. Upon receipt of proof you were the intended recipient of such promotional code, your order will be allowed, and the code will be honored.

Use of Our Content

You are granted a limited, revocable license under copyright to make a single copy and/or print a single copy of any information displayed or transmitted on the Site (including, but not limited to, logotypes, trademarks, service marks, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like, collectively “Content”) for your personal, noncommercial use only.

Use of Our Content

Spoonful does not claim ownership rights in pictures, messages, usernames, graphics, images, profiles, audio, video, and links (“Content”) you provide Spoonful. You grant Spoonful a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the Content you provide to Spoonful.

By providing your Content to Spoonful, you allow Spoonful to store, re-format, use, or display such Content in any way as Spoonful chooses.

By providing Content to Spoonful, third parties may be able to access, view, and use the Content you have provided to Spoonful. You agree to hold Spoonful harmless for any dispute concerning the use of your Content in such a manner.

Spoonful does not control the Content provided by users except when that content violates U.S. federal or state law. You may find Content provided by others to be offensive, harmful, inaccurate, or deceptive.

Please do not send unsolicited ideas to the Site, including but not limited to ideas for advertising campaigns, promotions, products, product improvements, processes, materials, marketing plans, or product names. Neither Spoonful nor any of its employees accept or consider unsolicited ideas. This policy is intended to avoid misunderstandings or disputes when Spoonful’s products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to the Site.

If, despite our request that you not send us your ideas, you still send them, then regardless of what your submission states, the following terms shall apply to your submission: (1) you agree that your ideas will automatically become the property of Spoonful, without compensation to you, and you hereby assign and agree to assign to Spoonful all rights in and to such, and (2) you agree that Spoonful can use the ideas for any purpose and in any way—even give them to others.

Registration

Certain areas of the Site may require registration. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Site by the party using your account.

Links to Third Parties

We may provide hyperlinks to other web sites and Internet resources operated by parties other than Spoonful. We have no control over such sites and resources or their privacy policies. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation, or endorsement of the material on such web sites or with their operators.

Some portions of the Site may direct you to a web site of a third party. Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns, or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Terms of Sale

All sales are final. If an item arrives damaged or spoiled, our customer service team is happy to help. You can contact our customer service team within 14 days of receipt of the Product. You can contact our customer service team at info@spoonfulofcomfort.com or by phone at +1 (385) 483-3886 .

Notwithstanding the above, you may cancel and order up to the time that it ships. After the order ships, the order may no longer be cancelled. To inquire or request an order cancellation, please contact our customer service team at +1 (385) 483-3886 .

Intellectual Property

All Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Spoonful, its affiliates or suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied, or imitated in whole or in part except as expressly provided in these Terms. Except as otherwise expressly provided in these Terms, Spoonful expressly reserves all rights in and to its Content.

Privacy

Except as provided in Spoonful’s Privacy Policy, Spoonful will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Spoonful stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

Indemnification

You agree to indemnify and hold harmless Spoonful and its affiliates, officers, directors, employees, shareholders, information providers, suppliers and licens-ees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your access and/or use of the Site, (b) any breach of any of these Terms by you or any user of your account, and/or (c) any allegation which, if true, would constitute a breach of any of these Terms by you or any user of your account.

No Warranties

The Site is provided on an “AS IS”, “AS AVAILABLE” basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IM-PLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ALL CONTENT).

We and our suppliers do not represent or warrant that the information on this Site is accurate, complete, or current.

We do no guarantee continuous, uninterrupted access to the Site.

We are not responsible for typographical or other errors, inaccuracies, or omissions. Price and availability information, product descriptions and promotions are subject to change without notice, and we reserve the right to change or update such information at any time.

We reserve the right to cancel and refund any orders at any point. Promotions are not valid on gift card purchases.

We make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you. The Site is controlled, operated, and administered by us from our offices within the United States.

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SPOONFUL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SPOONFUL IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Additional Conditions and Modifications to Conditions

WE MAY ADD ADDITIONAL CONDITIONS THAT GOVERN YOUR USE OF THE SITE BY POSTING SUCH CONDITIONS ON THE SITE FROM TIME-TO-TIME. In addition, we may revise these conditions at any time. When we do, we will also revise the “last updated” date of these Terms. You are responsible for regularly reviewing the current Terms. Your continued use of the Site after we post any revised Terms constitutes your agreement to any such revised terms. If you object to any of these Terms or any subsequent changes, you may not use of the Site.

Modifications to the Site

We may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including the availability of any data or other information contained on the Site at any time for any reason and without notice or liability, and (b) we reserve the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, suppliers and/or other services.

Governing Law and Jurisdiction

The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. These Terms are governed by the laws of the State of Utah, USA, except for its conflict of laws provisions. In the event you desire to initiate any suit against Spoonful arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Terms, you agree to bring such suit in the federal courts sitting in Salt Lake County, Utah, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in Salt Lake County, Utah, USA. You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Content of the Site) and/or these Terms in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.

Severability

If any of the provisions of these Terms are unenforceable, then such provision will be modified to reflect Spoonful’s intent. All remaining provisions of these Terms shall remain in full force and effect.

Miscellaneous

These Terms including, without limitation, and any other terms and conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions, and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Terms shall remain in full force and effect. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Spoonful to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. We may provide notice to you relating to the Site and/or these Terms by sending an e-mail to your last known e-mail address, which you agree to provide to us automatically when it changes from the one you used to first access the Site, and any such notice shall be deemed given and received on the day it is sent. Providing an email address constitutes your having opted-in to receive email communications from us in terms of compliance with the United States CAN-SPAM Act. You agree that any cause of action that you may desire to bring arising out of or related to these Terms and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Con-tent in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

These Terms were updated in June 2022.

Mobile Terms of Service

Last updated: June 2, 2023

The Spoonful Of Comfort mobile message service (the “Service”) is operated by Spoonful Of Comfort (“Spoonful Of Comfort”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Spoonful Of Comfort’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Spoonful Of Comfort through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Spoonful Of Comfort. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 42085 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

If you have subscribed to other Spoonful Of Comfort mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 42085 or email info@spoonfulofcomfort.com .

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be re-sponsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.