Terms

Terms of Use

 

Effective Date: April 21, 2017

 

Welcome to this website hosted by Free Raised Direct, LLC ("Company" or "we").  Company maintains this website for your personal information, education and communication.  Your access to and use of this website is subject to the following Terms of Use.  Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities. 

 

By accessing or using this website, you agree to these Terms of Use.  If you do not agree to the following Terms of Use, do not access or use this website, and instead contact us in writing or by telephone as provided at the bottom of these Terms of Use for further information.

 

Company may modify or amend these Terms of Use at any time.  All changes will be effective immediately upon their posting on this website.  Material changes will be posted conspicuously on this website.  By accessing the website after the changes to the Terms of Use are posted, you agree to the changes.

 

Site Information

 

Information displayed on this website may change without notice.  We reserve the right to modify the information without any obligation to notify past or current website users. Company makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries outside the United States.  When accessing this website you are solely responsible for compliance with the laws of the state or country in which you live. 

 

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to the offers.  Some services offered on this website may not be available in certain areas. 

 

Privacy Policy

 

By accessing and using this website, you agree to the terms of our Privacy Policy https://freeraiseddirect.com/privacy, which are incorporated into these Terms of Use by this reference.

 

Intellectual Property Rights

 

Copyright Free Raised Direct, LLC, Company.  All rights reserved.

 

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Company, unless otherwise noted.  The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to Company appear throughout this website.  This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

 

Use of this Website

 

You may download and print one (1) copy of this website's content for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices.  You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Company.

 

Your Account

 

If you choose to register with the website, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party.  Because you will be responsible for all activity that occurs under your access credentials, you should keep your username and password secret. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Company by e-mail sent to support@freeraiseddirect.com.  You are solely responsible for your own losses and losses incurred by Company and others (including other users) due to any unauthorized use of your account.

 

 

No Liability

 

In no event will Company or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether the damages are based in tort, contract, negligence, strict liability or otherwise, even if Company has been advised of the possibility of such damages.  Your sole and exclusive remedy is to stop accessing and using this website.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

 

No Warranty

 

Company makes commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed.  This website is provided by Company on an "AS IS" basis.  Company disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  No advice or information, whether oral or written, obtained by you from Company or in any manner from this website creates any warranty.

 

Company does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website; (2) the results that may be obtained from the use of this website or the use of material, information or data obtained from this website; (3) that use of this website or any materials on this website will meet any users requirements; (4) that access to the website will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.  Company has no responsibility for the timeliness, deletion or mis-delivery of any user communication or for the failure to store any user communication.

 

You acknowledge and agree (1) that your use of this website and any material, information or data downloaded or otherwise obtained through the use of this website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred.  None of the parties involved in creating, producing, or delivering this website or its content will be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are those parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

 

Third-Party Websites

 

This website may link to, or be linked to, other websites not maintained by or related to Company.  All links are provided only as a service to our visitors.  Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website.  Company has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites.  You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website.  You should review the terms of use of any website to which you navigate.

 

 

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "www.straussbrands.com" and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter that furthers the mission of Company; (4) the link, and use of the link, may not (or have the potential to) damage or dilute the goodwill associated with Company's names and marks; (5) the link, and use of the link, may not create the false appearance that an entity other than Company is associated with or sponsored by Company; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

 

Indemnification

 

You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys' fees, damages and costs for claims arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Company or any other person or entity.

 

Copyright

 

Company respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied on this website in a way that constitutes infringement, please provide Company the following information, in the form prescribed by Section 512 of Title 17, United States Code:

 

1.         a description of the copyrighted work or works that you claim have been infringed;

2.         a description of the allegedly infringing material, including its location on the site;

3.         your address, telephone number, and e-mail address;

4.         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 

5.         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

6.         an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Company's Copyright Agent for notice of claims of copyright infringement on its site is:

 

support@freeraiseddirect.com

Interpretation and Disputes

 

These Terms of Use are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions.  Venue is exclusively in Milwaukee County, Wisconsin with respect to any dispute arising under these Terms of Use, unless otherwise agreed by Company in its sole discretion.  If there is a dispute, the prevailing party will be entitled to recovery of its reasonable attorneys' fees and costs.  If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify the provision to the minimum extent necessary to make an invalid provision enforceable and valid.  If modification is impossible or impracticable, then the provision will be severed and the remaining terms in these Terms of Use will be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

 

Entire Agreement

 

By your access or use of this website, you agree to these Terms of Use.  These Terms of Use, together with the Company Privacy Policy, constitute the entire agreement between you and Company with respect to your access and use of this website.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Company.  These Terms of Use will inure to the benefit of CompanyÕs successors and assigns.

 

Electronic Communications

 

You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically, to the extent permissible by law.  Please print a copy of all documentation, agreements, notices or other communications for your reference.

 

Contacting Us

 

If you have any questions or concerns regarding these Terms of Use, please contact us at:

 

support@freeraiseddirect.com

 

 

Terms of Sales

 

1.1 Subscriptions. Free Raised Direct, LLC is offers different monthly subscription plans (each, a “Subscription”) and other one-time products or add-ons for sale.  Our products and subscription plans are described on our website and mobile application, as applicable, at the time of purchase, and are subject to change at any time prior to purchase.

 

Continuous Subscriptions.  WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) FREE RAISED DIRECT, LLC (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, (B) THE AMOUNT YOU ARE CHARGED AND THE AMOUNT OF PRODUCT YOU RECEIVE EACH MONTH MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.

Cancellation Policy.  YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING SUPPORT@FREERAISEDDIRECT.COM. ANY ORDER IDENTIFIED AS “AWAITING FULFILLMENT” OR “SHIPPED” ON YOUR ACCOUNT MANAGEMENT PAGE, HAS BEEN PROCESSED AND CANNOT BE CANCELLED.  YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY MEAL ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION.

In the event you cancel your subscription, please note that we may still send you promotional communications about Free Raised Direct, LLC, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. 

 

1.2. Payment and Billing Information
 

By providing a credit card or other payment method that we accept, you represent and warrant that you are

authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. If a payment is not successfully settled and you do not edit your payment method information or cancel your Meal Subscription or Wine Subscription, or account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated.
 
         You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your Meal Subscription or Wine Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
 

1.3. Pricing and Availability
 
         All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with our various subscription plans, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of product, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Sections 1.1 and 1.2, as applicable.
 
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific Subscription types) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at support@freeraiseddirect.com, as applicable. 

 

1.4. Taxes

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.

 

1.5. Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from Free Raised Direct, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. 

All Products purchased from us are made pursuant to a shipment contract. This means that when you purchase a Product that is fulfilled by one of our third party fulfillment partners title to and the risk of loss of such Product passes to you upon the fulfillment partner’s delivery of such Product to the third party courier, and when you purchase a Product that is fulfilled by us title to and the risk of loss of such Product passes to you upon the third party courier’s delivery of such Product to you.

1.6. Deliveries

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the meal ingredients arrive in a frozen condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood Product is located is 32° F or below. In the unlikely event that such temperature zone is above 32° F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at support@freeraiseddirect.com and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
 
If you are not at home when your product delivery arrives, the courier will generally leave the package for you at your door. Our products are packaged with insulated liners and dry ice and will typically remain cold for several hours, but depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your product prior to consumption. In certain areas, you may be able to provide additional delivery instructions when setting up your Free Raised Direct account, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your product is not feasible, we will cancel your meal delivery for the period so affected and issue you a Credit (as defined below) or refund of the purchase price for that meal delivery.

1.7. No Resale
 
       You are not permitted to resell or otherwise use the Products for commercial purposes.

1.8. Returns, Replacements, Refunds, and Credits 

If you are dissatisfied with a product for any reason, please contact us at support@freeraiseddirect.com within seven (7) days of the date you received the product. Depending on the circumstances, we may, in our sole discretion, replace the product at our expense, provide you a full or partial refund of the purchase price for that product, or provide you with Credits for that meal or meal ingredient that will automatically be applied to future deliveries under your Subscription. 

We may require the return or photographic documentation of product that you are dissatisfied with before we provide you a refund, replacement, or Credit.

In certain circumstances, such as if we want to thank you for your patience with a delayed delivery or to address another customer service issue, we may provide you customer experience credits of promotional value that will be automatically applied to your next eligible Order under your Subscription, as applicable (“Credits”). Credits may only be redeemed for the type of Product for which they were issued (e.g., original Subscription Box), are promotional in nature, are not transferable, and are not redeemable for cash or other property.

Credits only remain available if you maintain both a valid Free Raised Direct account and an active Subscription. That means that if you cancel your Subscription any outstanding Credits associated with your cancelled subscription will immediately expire. You may only redeem Credits after they are applied to your Free Raised Direct account. If for some reason, you believe that there is a discrepancy regarding your Credit balance, please contact us at support@freeraiseddirect.com for Subscription-related Credit inquiries. All decisions regarding your Credit balance will be determined in our sole discretion and are final.