STORK BITES, INC.
Terms and Conditions of Service
Welcome to the Stork Bites, Inc. (“Stork Bites”) website at https://www.stork-bites.com (the “Site”).
These Terms of Service (the “Terms”) govern the use of Stork Bites’ services, including its website, mobile apps, newsletters, emails, APIs, food, and products (the “Services”), as well as any information, data, text, images, videos, files, and other content uploaded to or downloaded from, stored on, or transmitted through the Services (collectively, the “Content”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
SECTION 1 – SERVICES
As part of the Services, Stork Bites prepares and delivers baby food to you, the user. The food’s ingredients are organic, and the food itself is made fresh, from scratch, and frozen immediately after cooking to lock in nutrients and flavors. While Stork Bites provides what it believes to be the building blocks for a healthy diet and palate development, Stork Bites makes no claims about the effects of its food or the Services generally on you or your child’s health or well-being. The food, the Services, and the Content have not been evaluated by the American Academy of Pediatrics or the Food and Drug Administration. You agree to consult your pediatrician before making any changes to your child’s diet and you understand that it is your responsibility, as a parent or guardian, to prepare each meal and to feed your child in a responsible and safe manner. You are solely responsible for ensuring that Stork Bites’ food has been stored properly, is the appropriate size, heated or cooled to the appropriate temperature, and contains ingredients that are safe for your child. You agree to give your child Stork Bites’ food only under adult supervision. Stork Bites will not be liable for any injury, illness, or other damages arising out of your failure to comply with these Terms.
B. Food-Delivery Plans.
Stork Bites offers several meal plans for its food-delivery Services. The details for each plan can be found at https://stork-bites.com/our-bundles/. Stork Bites may change the details of each plan and the products delivered under each plan, or stop providing a plan or product altogether, at any time. In addition, Stork Bites reserves the right to refuse to provide its Services to anyone and may, in its discretion, limit or cancel orders placed per person or per household.
C. Pricing & Payment.
Plan prices may change from time to time at Stork Bites’ discretion, but the current plan pricing may be found at https://stork-bites.com/our-bundles/.
To best preserve the integrity of the food, Stork Bites delivers its food products frozen. Stork Bites will deliver only to the delivery address listed in your account within a 12-hour window on the scheduled day(s) of the week. Any request to change a delivery address, day, or time must be received and agreed upon by Stork Bites at least 72 hours in advance. Anyone at the delivery address who accepts the delivery other than you is conclusively presumed to be authorized by you to receive the delivery subject to these Terms. By using food products contained in a delivery accepted by anyone other than you, you agree to the foregoing and accept sole responsibility that such person has complied with these Terms.
In the case of unforeseen delivery complications beyond Stork Bites’ reasonable control, it may be necessary to make adjustments to the delivery schedule, including suspending, rescheduling, or canceling scheduled delivery dates and times, at Stork Bites’ discretion. Stork Bites will use commercially reasonable efforts to communicate these delivery complications and adjustments to you. In the event that Stork Bites is unable to make a scheduled delivery for any reason, it may, in its sole discretion, issue you a credit or refund of the purchase price for that delivery.
E. Food Storage, Preparation, and Use
From delivery onward, you are solely responsible for the food’s proper and safe storage, preparation, and use. Do not use any food if the food or packaging appears damaged in any way. All food must be stored in the refrigerator or freezer, as appropriate. Once defrosted, all food must be kept refrigerated and used within two days.
F. Changing, Cancelling, or Suspending Plans.
If you wish to change or cancel your delivery, you must inform Stork Bites of that decision at firstname.lastname@example.org. Stork Bites must receive this notice by 12:00pm in your time zone (as determined by your delivery zip code) 5 days before the beginning of the next delivery day or you will be charged for the next delivery.
If you wish to suspend food-delivery Services, you must submit a request to Stork Bites at email@example.com. Stork Bites must receive this request by 12:00pm in your time zone (as determined by your delivery zip code) 5 days before the beginning of the delivery’s suspension or you will be charged for the corresponding deliveries.
G. Refunds and Credits.
If you are dissatisfied with the Services or if something is missing from a delivery, please contact Stork Bites at firstname.lastname@example.org. Stork Bites may, in its discretion, issue a credit to your account. Requests for a refund or credit must be made within 30 days from the date that your account was charged for the associated delivery or other Service.
H. Trial Period.
Stork Bites may offer, from time to time, free or discounted trials for the food-delivery Services (“Trial Period”). Any such Trial Period lasts for the first delivery only, unless expressly otherwise specified during sign-up or in the terms applicable to that Trial Period. Trial Periods may not be combined with other promotions. Trial Periods are for first-time customers only, unless expressly provided otherwise in the terms applicable to that Trial Period. Stork Bites reserves the right, in its discretion, to determine your eligibility. Once the Trial Period is over, Stork Bites will begin automatically billing your payment method for your selected plan on a recurring basis as provided in these Terms, unless you cancel your plan prior to the end of the Trial Period.
While Stork Bites strives to provide high-quality products and ingredients, certain products and ingredients may be unavailable for a number of reasons. Stork Bites’ products are subject to availability, and it reserves the right to limit the contents of your deliveries or the quantity of a particular product.
J. No Resale.
You are not permitted to resell or otherwise use for commercial purposes Stork Bites’ food or other products.
It is possible that Stork Bites’ food products contain ingredients that you or your child may be allergic to. You are solely responsible for: (i) knowing about any food allergies that you or your child may have; (ii) reviewing all of the food’s ingredients before feeding the food to your child; and (iii) introducing new ingredients to your child in a responsible and safe manner. Milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts may be present, portioned, or packed in Stork Bites’ facilities. Stork Bites takes precautions to limit the potential for cross-contamination, but it’s still possible that cross-contamination can occur between food products. Stork Bites takes no responsibility for allergic reactions.
SECTION 2 – USER RESPONSIBILITIES
You, and you alone, are responsible for your use of the Services and Content. You must use the Services and Content in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
B. User Accounts.
To access certain features of the Services (such as to enroll in a food-delivery plan), you must create an account. All information you provide as part of this process must be valid and complete and you must keep it up-to-date. You are responsible for all actions by your account and for safeguarding your username and password. Stork Bites is not liable for any loss or damage arising from your failure to do so. If you know of or reasonably suspect a breach of security related to your account, you must immediately notify Stork Bites and modify your login information. Stork Bites reserves the right to remove or reclaim usernames for any reason.
C. Use and Conduct Restrictions.
You are allowed to use the Services as long as you follow Stork Bites’ basic rules. If Stork Bites determines that you have violated any of the rules below or elsewhere in these Terms, Stork Bites has the right to terminate your use of the Services and to take other actions it deems appropriate. You agree not to: (a) distribute, license, sell, or transfer the Services, any component of the Services or any Content; (b) reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to provide the Services; (c) attempt to gain unauthorized access to the Services or Content, or to the computers, servers, and networks connected to the Services; (d) probe, scan, or test the vulnerability of any system or network related to the Services, or breach or circumvent Stork Bites’ security measures; (e) access or search, or attempt to access or search, the Services or Content by any means (automated or otherwise) other than through currently available, published interfaces; (f) interfere or disrupt the Services or servers or networks connected to the Services (including by transmitting worms, viruses, spyware, malware, or other code of a disruptive nature); (g) spam, phish, pharm, pretext, spider, crawl, or scrape the Content or the Services; (h) use the Services or Content for any illegal or unauthorized purpose; (i) use the Services or Content, or cause the Services or Content, to infringe upon or violate any intellectual property or proprietary rights; (j) use the Services or Content to harass, defame, slander, or intimidate; (k) advertise, solicit, or transmit advertisements via the Services, except with Stork Bites’ express, written approval; or (l) engage in any act that Stork Bites deems to be in conflict with the spirit or intent of the Services or these Terms.
SECTION 3 – USER-PROVIDED CONTENT
The Services allow users to submit Content in certain places. For example, users may be able to post comments on blog posts, review food products, message other users, share recipes, and so on. All Content is the sole responsibility of the person or entity that originated the Content. Stork Bites does not take responsibility for user-provided Content.
B. Content Submission.
By submitting Content, you represent that your Content and its submission: (a) do not violate any laws, contractual restrictions, or other third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary right; and (b) do not contain viruses, adware, spyware, worms, or other malicious code. You also represent that you have all the rights, power, and authority necessary to grant the rights granted in this agreement regarding Content originating with you. You agree to accept full liability for all user-provided Content submitted by you or on your behalf.
C. License Grant.
You retain your rights in Content that you submit to the Services. But you grant Stork Bites a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, and display that Content in any and all media or distribution methods (now known or later developed) solely for the following purposes: (1) to provide the Services, as intended; and (2) to improve the Services. Notwithstanding anything else, any feedback, comments, or suggestions you provide to Stork Bites are entirely voluntary and Stork Bites is free to use them as it sees fit and without any obligation to you.
SECTION 4 – ALL CONTENT
A. Reliance on Content.
Your use of, or reliance on, any Content, whether user-provided or not, is at your own risk. Stork Bites does not guarantee that any Content (including its own) is complete, accurate, reliable, or up-to-date. Stork Bites is not liable for any Content (including errors or omissions in the Content), nor any loss or damages resulting from the use of, or reliance on, that Content. Any Content you obtain through the Services is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.
B. Right to Remove Content.
Stork Bites has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, including user-provided Content, without notice and for any reason.
SECTION 5 – STORK BITES’ RIGHTS
All right, title, and interest in and to the Services and Content (excluding user-provided Content) are Stork Bites’ exclusive property. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries, as further discussed in Section 7.
SECTION 6 – YOUR LICENSE TO USE THE SERVICES
Stork Bites gives you a personal, noncommercial, worldwide, royalty-free, revocable, non-assignable, and non-exclusive license to use any software, patented or proprietary protocol, or other proprietary material that Stork Bites provides to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Stork Bites, in the manner permitted by these Terms. You agree not to use the Services or Content for any other purpose, including any commercial purpose.
SECTION 7 – INTELLECTUAL PROPERTY
The trademarks, service marks, logos, and other distinctive brand features used or displayed through the Services (the “Trademarks”) are registered or unregistered trademarks of Stork Bites or third parties. You may not use any of these Trademarks without the prior written approval from the trademark owner. Nothing in the Services or this website grants, expressly or implicitly, any right or license to use any of these Trademarks or may be construed to mean Stork Bites has the authority to grant any right or license on behalf of any third-party trademark owner.
Much of the Content throughout the Services is protected by copyright laws and may be covered by other restrictions as well. Such Content is proprietary to Stork Bites or used consistent with the owner’s permission or applicable law or regulation. Stork Bites retains all rights it may hold, including copyright, in the Content. Copyrights and other proprietary rights in the Content may also subsist in individuals and entities other than, or in addition to, Stork Bites. Stork Bites expressly prohibits the copying of any such protected Content, except as expressly permitted by these Terms.
C. Reservation of Rights.
All rights not expressly granted by Stork Bites herein are specifically reserved. Nothing in the Services or in these Terms grants, expressly or implicitly, any right or license to use any Content or property of any third party, or may be construed to mean that Stork Bites has the authority to grant any right or license on behalf of any third party.
D. Copyright Policy.
Stork Bites reserves the right to remove Content alleged to be infringing without prior notice, at its discretion, and without liability to you. Stork Bites will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to it. Stork Bites’ designated copyright agent for notice of alleged copyright infringement is:
Stork Bites, Inc.
1278 Glenneyre Street, Suite 202, Laguna Beach, CA 92651
SECTION 8 – PRIVACY
SECTION 9 – ENDING THESE TERMS
These Terms apply until you or Stork Bites terminate this agreement. You may end this agreement with Stork Bites by discontinuing your use of the Services and by deactivating your account, if applicable. Stork Bites may cease providing you with all or part of the Services and terminate this agreement at any time for any reason. This section doesn’t affect Stork Bites’ rights to change, limit, or stop providing the Services without prior notice. When this agreement terminates, all of the Terms terminate, except that the following sections will continue to apply: 3 (User-Provided Content), 4 (All Content), 5 (Stork Bites’ Rights), 7 (Intellectual Property), 8 (Privacy), 10 (Disclaimers and Limitations of Liability), and 11 (Miscellaneous).
SECTION 10 – DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of Stork Bites and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Stork Bites Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have that may not be lawfully limited.
A. The Services Are Available “As-Is.”
Your use of the Services and the Content is at your own risk. You agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE STORK BITES ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP, AND NONINFRINGEMENT.
The Stork Bites Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or the Content, whether user-supplied or not; (ii) the conduct, whether online or offline, of any user; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or Content; (iv) the deletion of, or the failure to store or to transmit, Content and other communications maintained by the Stork Bites Entities; (v) whether use of the Services or Content will result in any specific dietary or health-related outcome; and (vi) whether the Services will meet your requirements or be available on an uninterrupted, prompt, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Stork Bites Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Stork Bites Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Stork Bites Entities of such websites or resources or the content, products, or services available from such websites or resources. You are solely responsible for and assume all risk arising from your use of any such websites or resources.
C. Waiver; Limitation of Liability.
YOU UNDERSTAND THAT FOOD PREPARATION AND FEEDING YOUNG CHILDREN CARRIES WITH IT SOME INHERENT RISK, INCLUDING THE RISK OF ALLERGIC REACTION, CHOKING, AND CONTAMINATION. YOU ASSUME ALL SUCH RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE STORK BITES ENTITIES FOR ANY CLAIMS AND LIABILITIES OF ANY KIND WHATSOEVER THAT YOU OR YOUR CHILD SUFFERS AS A RESULT OF STORK BITES’ FOOD OR THE SERVICES, INCLUDING ANY CLAIMS OR LIABILITY RELATED TO PROPERTY DAMAGE, INJURY, ILLNESS, DISABILITY, OR DEATH.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE STORK BITES ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) THE SERVICES; (B) THE CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES OR CONTENT; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE SERVICES OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE STORK BITES ENTITIES EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID STORK BITES, IF ANY.
THE WAIVER AND LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE STORK BITES ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF STORK BITES’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE STORK BITES ENTITIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE STORK BITES ENTITIES.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA (AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You hereby indemnify the Stork Bites Entities from any claim, demand, damages, liability, expenses, and losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of: (i) your or your account’s use or misuse of the Services, the Content, or any information that you obtain from the foregoing; (ii) any Content provided or submitted by you or your account; (iii) any breach by you or your account of these Terms; and (iv) any misrepresentation made by you or your account in connection with this agreement. Stork Bites reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
SECTION 11 – MISCELLANEOUS
A. Evolving Services.
Stork Bites’ Services are always evolving and may change from time to time without notice. Stork Bites may stop (permanently or temporarily) providing the Services (or any Service feature) to you or to users generally and may not be able to provide you with notice. Further, Stork Bites may modify the Services (or any Service feature) at its discretion. New features will also be subject to these Terms.
B. Waiver and Severability.
Stork Bites’ failure to enforce any right or provision in these Terms is not a waiver of that right or provision. In the event that any provision of these Terms (in whole or in part) is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in effect.
C. Changes To Terms of Services.
Stork Bites may revise these Terms from time to time. The most current version will always be located here. If the revision, in Stork Bites’ discretion, is material, it will notify you via email to the email address associated with your account or by posting notice to the website. In consideration for accessing or using the Services, you agree to check back here from time to time to determine if the Terms have been revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
D. Controlling Law and Arbitration.
The Terms and any related actions are governed by California law, without regard to or application of California’s conflict of law provisions or those of any other jurisdiction, including your state or country of residence. YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE SERVICES, OR THE CONTENT BETWEEN STORK BITES AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT MUST BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, IN LOS ANGELES, CALIFORNIA, AS THE EXCLUSIVE MEANS OF RESOLVING SUCH ACTION, CONTROVERSY, OR CLAIM. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. You agree that you and Stork Bites are each waiving the right to a trial by jury and to participate in a class action or class arbitration. The following is a list of exceptions to the foregoing dispute resolution requirements:
(i) Either you or Stork Bites may assert claims, if they qualify, in small claims court in Los Angeles, California without first engaging in arbitration.
(ii) Stork Bites may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration.
(iii) Stork Bites may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration.
(iv) If the agreement to arbitrate is found to be unenforceable, then you agree that any resulting judicial proceedings will be brought in the federal or state courts of Los Angeles, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of those courts.
E. Territorial Restrictions.
The Services are not intended to be distributed or used by any person or entity in any jurisdiction or country where the distribution or use would be illegal. Stork Bites reserves the right to limit the Services’ availability to any person, geographic area, or jurisdiction, at its discretion.
Software and Content related to the Services may be subject to United States export controls. No software or Content from the Services may be downloaded or exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software or Content related to the Services, you represent that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
F. Entire Agreement.
G. Binding Document.
You may use the Services only if you can form a binding contract with Stork Bites. You must be at least 13 years old to use the Services. If you are over 13 and under 18, you may use the Services only if your parent or legal guardian has reviewed these Terms and agreed to them on your behalf.
The headings in this agreement are inserted for reference only and do not limit the scope, extent, or intent of the agreement or its provisions. As used in this agreement, the words “include” and “including,” and variations, are considered to be followed by the words “without limitation.”
I. Contact Information.
These Services are operated and provided by:
Stork Bites, Inc.
1278 Glenneyre Street, Suite 202
Effective: June 1, 2018