Last Revised: June 12, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (AS DEFINED BELOW). USING THIS WEBSITE IN ANY WAY INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN YOU MAY NOT USE THIS WEBSITE.

Acceptance Of Terms Of Use
Your use in any manner of the website located at www.takingstockfoods.com or any other website, web page, app or other Internet or digital platform offered by or through Taking Stock Foods, LLC (“Taking Stock” or “Company”), wherever or however offered  (collectively, the “Site”), constitutes your acknowledgment that you have read, agree with and consent to be bound by all the terms and conditions set forth in these Terms of Use, and all other policies, rules, regulations, terms and conditions that otherwise appear on this Site. These Terms of Use govern all use of this Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.

Taking Stock reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, Taking Stock recommends that you review these Terms of Use whenever you use this Site. Your continued use of this Site following any such change constitutes your agreement to follow and be bound by the updated or modified version of these Terms of Use.

Binding Arbitration
ARBITRATION NOTICE AND CLASS ACTION WAIVER: Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and Company will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.

Eligibility
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use this Site. Taking Stock may, in our sole discretion, terminate your access to this Site or change our eligibility criteria at any time.

Ownership Of Site And Use Restrictions
The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and all other material (collectively, the “Materials”) are protected under laws of the United States of America and other countries.

Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, you have no rights in or to the Materials, and you will not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the Materials, including but not limited to by the use of framing or mirrors. Subject to your full compliance with these Terms of Use, Company authorizes you to view the Materials on this Site and download a single copy of them, but only for your own lawful, personal and non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials, but failing to do so shall not prejudice Company’s intellectual property rights. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute or otherwise use the Materials in any way for any public or commercial purpose. Your use of the Materials on any other website or on a file-sharing or similar service for any purpose is prohibited. Any rights not expressly granted herein to use the Materials are reserved by Company in full. The trademarks, trade names, and logos of Taking Stock (the “Taking Stock Trademarks”) used and displayed on or otherwise used in connection with this Site are registered and unregistered trademarks of Taking Stock. Other company, product, and service names located on this Site or otherwise used in connection with this Site may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Taking Stock Trademarks, the “Trademarks”). Nothing on this Site or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or otherwise used in connection with this Site without Taking Stock’s prior written consent specific for each such use. The Trademarks may not be used to disparage Taking Stock or any relevant third party, Taking Stock’s or the relevant third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Taking Stock’s prior written consent. All goodwill generated from the use of any Taking Stock Trademark shall inure to Taking Stock’s benefit.

You may not use this Site (i) for any purpose that violates applicable federal, state or local laws, regulations or rules (collectively, “Applicable Law”) (ii) for any purpose that is prohibited by these Terms of Use or violates Taking Stock’s guidelines and policies, (iii) in any manner that could damage, disable, overburden or impair this Site, or (iv) in any manner that may interfere with any other party’s use and enjoyment of this Site. You may not (i) attempt to gain unauthorized access to this Site through hacking, password mining or any other means, (ii) attempt to decipher, disassemble or reverse engineer any of the software comprising or making up this Site, (iii) delete or alter any material Taking Stock or any other person or entity posts on this Site.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Company at any time with or without cause.

Accuracy And Integrity Of Information
Although Company attempts to ensure the integrity and accuracy of the Site, Company does not guarantee that any Materials you access on this Site is or will continue to be accurate. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Materials posted to the Site from any non-Company affiliated third party.

Modifications To Products And Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the use and/or sale of any of our products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products.

Typographical Errors And Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

Disclaimer Of Warranties
THIS SITE, INCLUDING ALL MATERIALS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE CONTENT ON THIS SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THIS SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THIS SITE OR ANY LINKED SITE. COMPANY FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE INFORMATION CONTAINED ON THIS SITE IS COMPLETE, ACCURATE OR UP TO DATE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOU USE THIS SITE AND THE MATERIALS AT YOUR OWN RISK.

Limitation Of Liability Regarding Use Of Site
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS).

TO THE EXTENT PERMITTED BY LAW, THIS LIMITATION OF LIABILITY SHALL BE BINDING UPON YOU AND YOUR CHILD (IF APPLICABLE), AND YOUR AND YOUR CHILD’S (IF APPLICABLE) HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF TAKING STOCK SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification
To the maximum extent possible under applicable law, You agree to defend, indemnify and hold Company harmless from and against any and all claims, damages, threats, proceedings, suits and expenses (including without limitation reasonable attorneys’ fees and expenses) against or incurred by Company arising out of your breach of these Terms of Use or violation of applicable law, your access to this Site, your use or misuse of the Site, and/or access by anyone accessing the Site using your user ID and password. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Company’s defense of such matter.

Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including products ordered or purchased through the Site, if you bring that issue to our attention. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In that case:

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND COMPANY (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH COMPANY, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THIS SITE, THE MATERIALS, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor Company will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state, provincial or other law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either you or Company can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. You agree that such arbitration shall take place in Minneapolis, Minnesota. Regardless of the outcome of any dispute or claims against Taking Stock, you agree to pay all of Taking Stock’s attorneys’ fees, arbitrator fees, costs, and other expenses associated with any dispute or claims against Taking Stock, including in disputes resolved by settlement agreement.  Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

Severability.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Taking Stock.

Governing law; Legal jurisdiction
If you make any claim against Company or any other Company-related party, you agree in advance that in the event you assert any such claim, it will be governed by the following rules:

All aspects of the claim, whether procedural or substantive, shall be governed by the laws of the State of Minnesota, except conflicts of laws that would cause another jurisdiction’s laws to apply and unless the dispute is governed by federal law other than federal law governing conflicts of law, in which case federal law shall govern.

Prior to commencing any legal action against Company or any Company-related party you must provide each such Company Party with at least thirty (30) days prior written notice of any claim, including a reasonably detailed description of your claim and such Company Party’s responsibility, together with your request for what you would like such Company Party to do about your claim.

The statute of limitations applicable to any claim other than a claim for personal injuries shall be one (1) year, measured from the date you first visited this Site.

You agree that any claim brought by you, or on your behalf, shall be exclusively venued in the state or federal courts located in Hennepin County, Minnesota (the “Agreed Forums”).You agree that in the event that you bring any claim in any other court or forum, or in the event that a claim is commenced on your behalf in any other forum, such claim shall be transferred to one of the Agreed Forums.

You waive any claim that the Agreed Forums are inconvenient for resolution of disputes and claims you may have and agree to forego any claim to transfer the venue for dispute resolution.

You agree to bring any claim individually and not through any class action.

To the extent that it may be relevant, you agree that your use of this Site and any transaction arising in connection with such use shall be deemed to have occurred in the State of Minnesota.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. You cannot transfer your rights or obligations under these Terms of Use to anyone without Company’s written permission and any attempted assignment without Company’s written permission shall be null and void and of no effect whatsoever. Company’s failure to enforce any provision of these Terms of Use does not waive Company’s right to enforce the same provision in the future .Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of these Terms of Use.

Termination
Company reserves the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of this Site or the Materials at any time and for any reason or no reason without prior notice or liability, which may result in the forfeiture and destruction of all information associated with your Account. Company reserves the right to change, suspend, or discontinue all or any part of this Site or the Materials at any time without prior notice or liability. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.

Miscellaneous
Company reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice.

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

These Terms of Use constitute the entire agreement between Company and you pertaining to the subject matter hereof and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Company with respect to the subject matter.

You cannot transfer your rights or obligations under these Terms of Use to anyone without Company’s  written permission and any attempted assignment without Company’s written permission shall be null and void and of no effect whatsoever.

Company’s failure to enforce any provision of these Terms of Use does not waive its right to enforce the same provision in the future. Any headings contained in these Terms of Use are for informational purposes only, but are not themselves enforceable provisions of these Terms of Use.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service

Revisions
In its sole discretion, Company may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE, UNDERSTAND THE TERMS AND CONDITIONS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND TAKING STOCK AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN TAKING STOCK AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Questions And How To Contact Us
If you have any questions, concerns, complaints or suggestions regarding this Website Terms Of Use or otherwise need to contact us, please email us at info@takingstockfoods.com, or call us at (651) 689-4635.