Delivery Passport Terms and Conditions

Terms of our delivery Passport program ("Passport") are subject to change at any time with or without notice. Passport benefits, including benefits which include a percent off your purchase are calculated against your Product Subtotal before Taxes, CRV, Delivery Fee and Fuel Surcharge, if any. Passports will expire once redeemed, according to their terms or 1 year after issuance, whichever is sooner. Passports have no cash value and are not transferrable. Passports are available and redeemable online only. Passports are redeemable only on the very next online order placed before the expiration date provided your order meets the criteria set by the Passport, and may not be saved or reserved for subsequent orders. Fees, if any, paid in connection with a Passport are non-refundable.

Yummy.com Terms and Conditions

THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT NOW AND FROM TIME TO TIME BECAUSE BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY TELEPHONE OR THROUGH THIS WEBSITE, OR BY SIGNING UP YOU ARE AGREEING TO CERTAIN TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO MAKE THIS SITE AVAILABLE TO YOU AND UPON WHICH WE WILL MAKE DELIVERIES TO YOU:

By accessing this website (the "Site"), by placing an order with us by telephone or online, and/or by signing up you agree to the terms of this Agreement (the "Agreement") as it exists at that time. This Agreement is an agreement between you and Yummy Foods, LLC (the "Company" or "Yummy") that states the terms and conditions under which you may use the Site and receive delivery from us. Yummy is the owner of the following trademarks: yummy, yummy.com, the yummy logo, and the tag line "here comes the grocery store." Yummy operates under the name Yummy.com. This agreement is binding on you whether you purchase from us via the telephone, in our stores, or via one of our websites, including www.yummy.com. Each time you access our website, complete the on-line registration process, or submit each order, you confirm and affirm that you have read, understand and agree to these Terms and Conditions in the form in which they appear at that time.

Our Delivery Service
When you place an order, we will utilize commercially reasonable efforts to deliver to you at the time of your choosing. Once you place your order by telephone or online, we will act as bailee for the ordered products. You can modify an existing order up at any time until the order leaves our store by calling your local store. The Company, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. We reserve the right to change the cost of deliveries and/or our delivery fee structure at any time. Our current delivery charge is $6.99 for each delivery. Our delivery charge does not go to your driver but is considered revenue to the Company.

Our Wellness charge. We add a charge equal to 4.92% of your Product Subtotal for rising minimum wage and benefit levels mandated by new labor laws and voted mandates. Please note that our Wellness charge is subject to change at any time with or without notice and that our Wellness charges are not tips and do not go to directly to your driver or other employees but are considered revenue to the Company.

Price and Availability. From time to time products you order may be unavailable. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to delivery. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we inadvertently listed the incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products, in which case you will not be charged.

Because we sell certain items by the unit, instead of by weight or volume, weights, were noted may be for estimation purposes only.

Where required by law, we collect Sales Tax on behalf of the State of California.

To receive delivery, you must be present to receive your order from our driver.

In an effort to meet the delivery time for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered. Also, we limit our delivery area to ensure high quality service to people within our stated delivery area. If you place a delivery for an address outside of our delivery area we reserve the right to cancel your order (in which case a restocking fee may apply). Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call your local store at which time we will do everything reasonable in our power to ensure your satisfaction.

In the case of bad weather, or unforeseen delivery complications, deliveries may become delayed. We do not guarantee or stipulate that deliveries will be completed in a specific time frame. Delivery times are subject to many things, including the weather, traffic conditions and are in all cases made at our convenience. References contained in our advertisements describing the nature of our delivery service (e.g., "we deliver in about 30 minutes"), are for descriptive purposes and should not be relied upon or be considered an inducement or advertisement of any kind.

In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title or interest you may have in the products.

Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. Because our vendors change the size of their products from time to time, we cannot guarantee the accuracy of such information displayed on our website or in our catalogs. To obtain the most up-to-date information, please contact your store and we will be happy to inspect the product at that time to determine the most timely information. The Company assumes no responsibility for such information. Product information accessed through this website and our catalogs is obtained from claims made by the product`s manufacturer on its labels, or otherwise. Please note that, on occasion manufacturers may alter their labels, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not rely solely on the information presented on our website or catalog and that you always read the label carefully before using or consuming a product to obtain the most accurate information. If you have specific nutrition or dietary concerns or questions about a product, please consult the product’s label and/or contact the manufacturer directly. We assume no liability for any inaccuracies or misstatements about product information listed on our website. From time to time, our prices for products may change and may be different online from in-store.

Our drivers are allowed to accept tips. Customers are under no obligation to tip drivers but have the option of doing so at their discretion.

Payment. We accept cash and credit/debit cards. When you place an online order we will authorize your card for the total amount of your bill. We will submit the total amount due to our processor, net of any changes, credits, returns and tips on the next business day. In the event your card is declined we reserve the right to collect funds for any uncollected transactions owed us and to charge $5 per order should a payment made via credit card be declined. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, we may charge such amount directly to the credit card identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including attorneys` fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you.

All credit card customers must present their credit card to our driver at the time of delivery, at which time our driver will make a physical impression of your card.

From time to time, we may permit you to order and receive products, information, and services from businesses that are not owned or operated by us. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that we makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Yummy. Consent is granted to view all of such things for the sole purpose of placing an order with us. You are not authorized to save or collect any such information. Any other use of materials on this Site, including modification, distribution, or reproduction is strictly prohibited. You acknowledge that Yummy and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Yummy reserves the right to revoke your use of the Site.

Trademarks. yummy, yummy.com, the yummy logo, and the tag line "here comes the grocery store", graphics, and button icons are service marks, trademarks, and/or trade dress of Yummy or otherwise proprietary to Yummy and may not be used by you for any reason. All other trademarks, service marks, product names, and company names or logos appearing on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or our service.

You hereby represent that you are an adult (21 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You will be responsible for providing proper identification at delivery for tobacco, alcohol and credit card orders.

ID Number and Passwords. Access to our Site is accomplished through the use of a user name and a password that you select upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and for charges incurred from use of our Site with your password. You agree to notify us promptly of any unauthorized use of your password and you will remain liable for any use of our service until you notify us of the unauthorized use of your password.

Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Site. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number and e-mail address. You can update your information in the Your Account area on our Web site or contact your local store. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to us, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.

Purchase of Alcoholic Beverages. By law, purchasers of alcoholic beverages must be at least twenty-one (21) years of age. You may not legally order any alcoholic beverages unless you are at least twenty-one (21) years of age. Furthermore, you may not purchase alcoholic beverages for anyone who is under the age of twenty-one (21). You must present identification and proof of age at the time of delivery to receive alcoholic beverages. We reserve the right to refuse service, terminate accounts, remove alcoholic beverages, or cancel orders at our sole discretion. By signing up and checking out you do affirmatively state and certify that you are old enough to legally purchase alcohol and / or tobacco products and that you are purchasing such products for your own consumption and no other purpose. In the case of alcohol, you state and certify that you are 21 years of age or older. In the case of tobacco products, you state and certify that you are 21 years of age or older. You further certify that you will personally receive the alcoholic beverages and/or tobacco products and that you will have your identification available for inspection by our driver.


Privacy Policy. Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the our service, site or systems. Among other things you agree not to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.

In the course of our business we may buy or sell business units, engage third parties and agents, offer promotions or otherwise affiliate with other companies for the purpose of enhancing our service or business ("Related Entities"). In such case(s) your personal information may be shared with such Related Entities. We will not otherwise sell or rent any personally identifiable personal information. Nothing contained herein shall be deemed to prevent or limit the sale of your personal information as a result of a merger, consolidation, sale or other business combination.

Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE OUR SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. OUR SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH OUR SERVICE; WE DO NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICE. WE DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "YUMMY PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICE, OR THE INABILITY TO USE, THE SITE, THE YUMMY SERVICE, OR THE INTERNET. YUMMY`S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF OUR SERVICE AND TO TERMINATE THIS AGREEMENT. WE RESERVE THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only.

You agree to defend, indemnify, and hold Yummy Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorneys fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Miscellaneous

Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Yummy may suspend or terminate this Agreement or the Yummy Service or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this agreement you may terminate you acceptance by emailing us at yummyhq@yummy.com and by no longer accessing our website(s). In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. We may give notice to you of a change in this Agreement and any other matter through a posting on the Yummy Site of updates to this Agreement, or other means determined by the Company.

Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with Yummy regarding the use of the service and the Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Yummy, and Yummy Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Yummy or relating in any way to your use of the service or the Site resides in the federal and state courts of California and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of California in connection with any such dispute, including any claim involving Yummy Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Amendment. Yummy may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective at the time they are initially posted on our Site. By accessing this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. Customers who prefer to place order by telephone agree to be bound by the terms of this Agreement as amended from time to time. In all cases as a condition of making deliveries to you, you agree to review this agreement from time to time.

GOVERNMENT WARNING:
ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.

WARNING
No person shall sell or give away any alcoholic beverages to:

Any person under the age of twenty-one years; or
Any visibly intoxicated person.
IT IS A VIOLATION PUNISHABLE UNDER LAW FOR ANY PERSON UNDER THE AGE OF TWENTY-ONE TO PRESENT ANY WRITTEN EVIDENCE OF AGE WHICH IS FALSE, FRAUDULENT OR NOT ACTUALLY HIS OWN FOR THE PURPOSE OF ATTEMPTING TO PURCHASE ANY ALCOHOLIC BEVERAGE.

SURGEON GENERAL`S WARNING: Quitting Smoking Now Greatly Reduces Serious Risks to Your Health.

All advertisements offered by the Company expire 30 days after distribution, unless otherwise stated.

We reserve the right to limit quantities.

Please note that our delivery fee, if any, does not go to your driver.

PERK Terms and Conditions

Welcome to the terms and conditions ("Terms") for Perk. These Terms are between you and Yummy Foods, LLC and/or its affiliates ("Yummy" or "Us") and govern our respective rights and obligations. Please note that your use of the Yummy.com website and Perk membership are also governed by this agreement and the Yummy.com User Agreement (https://www.yummy.com/terms) which (as changed over time) are incorporated into these Terms. If you sign up for a Perk membership, you accept these terms, conditions, limitations and requirements.

Benefits and Eligible Purchases
Perk benefits, including Free Delivery may be redeemed by placing an order at Yummy.com with a valid and authorized Yummy.com customer account. Telephone orders are not eligible for Perk benefits, including Free Delivery. Free Delivery means that Yummy.com will waive its delivery charge that would otherwise be applied pursuant to the Yummy.com User Agreement. Perk customers shall remain responsible for all other taxes, fees and surcharges normally applied to orders, including sales tax, CRV and our Wellness charge, if any.

Other Limitations
• We reserve the right to accept or refuse membership at our discretion.
• We may send you email and other communications related to Perk and your Perk membership (regardless of any settings or preferences related to your Yummy account).
• You may not transfer or assign your Perk membership or any Perk benefits, including promotion codes for Perk memberships or benefits, except as allowed in these terms.
• Perk members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Perk benefits.
• Some Perk benefits may require certain purchase thresholds, have quantity or shipping address limitations, or require members to meet specified criteria in order to access them.
• From time to time, Yummy may choose in its sole discretion to add or remove Perk membership benefits.


Fees and Renewal
The membership fee for Perk is stated on the Perk landing page (www.yummy.com/perk). The Perk membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee and the reduced shipping charges for Perk. If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method promptly or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PERK MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Promotional Trial Memberships
We sometimes offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership at the end of the trial period.

Agreement Changes
We may in our discretion change these Terms, Yummy.com's User Agreement, or any aspect of Perk membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.

Termination by Us
We may terminate your Perk membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full days remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Perk membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN YUMMY.COM'S Terms of Use, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PERK MEMBERSHIP.

Cancellation
You may cancel your Perk membership any time by visiting Your Account and adjusting your membership settings. If you cancel within 3 business days of signing up for or converting from a free trial to a paid membership, we will refund your full membership fee; provided that we may charge you (or withhold from your refund) the value of Perk benefits used by you and your account during this 3-business day period.

Disputes
Any dispute or claim relating in any way to these Terms or your use of Perk, or to any products or services sold or distributed by Yummy or through Yummy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Yummy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.