PLEASE READ THIS CAREFULLY. BY ACCESSING THIS WEBSITE AND PARTICIPATING IN A CLEANSE, YOU AGREE TO BE BOUND BY ALL OF THE GROVE’S TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE THE GROVE’S PRODUCTS AND DO NOT PARTICIPATE IN A CLEANSE.
The information and recommendations offered on this Site are for informational purposes only. It is your responsibility to educate yourself as to the contents and effects of a Cleanse, or any other lifestyle or dietary information provided. The information and Services provided on this Site and by The Grove Juice Truck LLC. (‘The Grove’) are not intended to replace the advice or care of a medical health professional, and your should consult your doctor before undertaking any lifestyle or dietary changes.
The information and Services provided by The Grove are not intended to cure, prevent or diagnose any disease or medical condition. The information and Services are not intended to recommend any course of treatment for you. The Grove makes no assurances that the information or Services provided will meet your medical needs.
These terms and conditions apply to your access to and use of the The Grove website located at www.getthegrove.com (the “Site”), and your use of the information and other services provided on the Site or by The Grove, including a Cleanse (the “Services”). Neither the Site nor the Services are intended for use by anyone under the age of 19.
Each time you use the Site, you signify your acceptance and agreement of the then-current version of these terms and conditions, and certify that you are above the age of 19. If you are under the age of 19, you certify that you have parent or guardian permission to use the Site and Services, and your parent or guardian agrees to be bound by these terms and conditions:
• Consent to Receive E-mails
By using the Site, you consent to receive e-mails from The Grove and its selected service partners, which may include commercial e-mails.
We offer subscription plans (“Subscription”) for our smoothie prep and cleanse products.
• Continuous Subscriptions
WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) The Grove (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) 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.
Following your initial subscription period, and each subscription period thereafter, your subscription will be automatically extended for successive renewal periods of the same length, at the then-current non-promotional subscription rate associated with your subscription plan.
• Cancellations and Refunds
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT CONTACT@GETTHEGROVE.COM FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT, AND REQUESTING THAT YOUR SUBSCRIPTION BE CANCELED. DEPENDING ON YOUR WEEKLY CUT-OFF DATE, WHICH IS AVAILABLE ON YOUR “MY ACCOUNT” PAGE, YOUR CANCELLATION WILL BE EFFECTIVE BETWEEN ONE (1) AND SEVEN (7) DAYS AFTER YOU REQUEST TO CANCEL. YOU ARE RESPONSIBLE FOR ALL SUBSCRIPTION CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION.
If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. If you are subscribed to a pre-paid subscription plan with more than one delivery per payment, you may request to forgo any remaining deliveries from your subscription. If you request not to receive your remaining deliveries, you may be eligible for a prorated refund. Prorated refund amounts are calculated by subtracting the full retail value of $49 for each box delivered, or to be delivered, during the then-current subscription term from the dollar amount paid for the then-current subscription term. To be eligible for a prorated refund, your request must be made by emailing firstname.lastname@example.org within seventy-two (72) hours from your original cancellation email request. A cancellation, or refund request does not guarantee a refund. All refunds are provided at The Grove’s sole discretion.
In the event you cancel your Subscription, please note that we may still send you promotional communications about The Grove, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
The Grove does everything possible to provide you with the freshest possible product at all times. Live, fresh juice must be treated with the utmost care and diligence in preparation. With our commitment to quality, our policy is that all cancellations or changes must be received no less than three (3) calendar days before your start date. Example: If you are beginning your cleanse on a Monday, any changes or cancellations must be requested by Friday at 3pm to avoid penalty. Otherwise no refunds OR credits will be issued.
Any requests for a refund due to medical issues before, during or after a Cleanse, will be handled on an individual basis. Doctor’s proof of condition is required.
• Delivery and Drop-Off of Products
The Grove shall not be responsible for the loss or damage of any products you purchase in connection with the Site or a Service after they have been dropped off at a safe delivery area of your choice.
It is your responsibility to ensure The Grove’s access to your delivery area. If for whatever reason, the security or concierge at your building, if applicable, refuses to accept the delivery of The Grove’s products and/or deny entry to The Grove, The Grove shall not be responsible to re-deliver the products, and The Grove is under no obligation to provide you with a refund for the affected products. If delivery and/or entry is denied, then The Grove will make arrangements with you for your pickup of the products.
The Grove shall not be responsible for delay or non-delivery of products due to natural disasters, weather storms, accidents, lockouts, breakdown of machinery, stoppage of labor, or other Acts of God.
You are responsible for inspecting all Products you receive from The Grove 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 cool, refrigerated condition. If you have any reason to believe that any Product in your delivery is not suitable for consumption, contact us at email@example.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. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. Failure to follow safe food handling practices may increase the risk of foodborne illness. 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 delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address, or at an alternate address provided by you, who accepts a delivery from us is presumed to be authorized to receive such delivery with 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. In the event that timely delivery of your meal ingredients is not feasible, we will cancel your meal delivery for the period so affected and issue you a credit or refund of the purchase price for that meal delivery.
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. Actual delivery times may vary from estimated times displayed.
• Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, The Grove, The Grove Juice Truck and The Grove logos, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of The Grove or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non- license to access and use the Site and electronically copy and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only.
• No Advice, No Client Relationship
The Site and the Services offered on the Site are for informational and demonstrative purposes only. The Site is not offering advice, recommendations, or an offer, solicitation or recommendation of any particular therapy, action or activity as suitable for you or your needs. You should always contact your physician before beginning any new activity, therapy or other course of action.
THE GROVE SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE OR THE SERVICES, AND ANY USE OR RELIANCE ON INFORMATION IS SOLELY AT YOUR OWN RISK.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Grove, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “The Grove Parties”), from and against all actual or alleged The Grove Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify The Grove of any third party Claims and cooperate with the The Grove Parties in defending such Claims. You further agree that the The Grove Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Grove.
• Disclaimers and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
YOUR USE OF THE SITE AND THE SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL THE GROVE OR ANY OF ITS INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE SERVICES, THESE SITE TERMS, THE TERMINATION OF THESE SITE TERMS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, OR YOUR USE OF ANY PRODUCT, THERAPY OR PROGRAM (INCLUDING A CLEANSE) AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE (INCLUDING WITHOUT LIMITATION BY REASON OF ANY EXPENDITURES, INVESTMENTS, OR COMMITMENTS MADE IN ANTICIPATION OF THE CONTINUANCE OR PERFORMANCE OF THESE SITE TERMS), ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE GROVE EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OR OPINION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE GROVE’S RECORDS, PROGRAMS OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM The Grove. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Grove DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
IF, NOTWITHSTANDING THE ABOVE, THE GROVE IS LIABLE TO YOU OR ANY OTHER PERSON, THEN THE AGGREGATE LIABILITY OF THE GROVE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE GROVE FOR ACCESS TO OR USE OF THE SITE OR ANY SERVICES.
• Third Party Content
The Grove may provide links to Web pages and content of third parties as a service to those interested in such links and content, and The Grove may post third party content to the Site (such content is collectively referred to as “Third Party Content”). The Grove does not monitor or have any control over and is not liable for any Third Party Content or third party Web sites. The Grove does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. The Grove does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility or liability to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. The Grove SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY THIRD PARTY CONTENT YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON THIRD PARTY CONTENT IS SOLELY AT YOUR OWN RISK.
• Third Party Services
The Site contains and provides information regarding or links to certain applications and services provided or offered by third parties, including featured service providers and service partners (collectively the “Third-Party Services”). The Grove is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, The Grove makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and The Grove assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and The Grove is not responsible or liable for any Third-Party Services.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
• No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
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.
You acknowledge that the amount billed may vary due to promotional offers, changes to your 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.
• Questions & Contact Information
All other questions or comments about the Site or its contents should be directed to Customer Support at firstname.lastname@example.org