Last updated July 15, 2019
This website (Site”) is operated by 540 Green Bay, LLC DBA Flashbox Kitchen. The terms “we,” “us,” “our, and “Flashbox Kitchen” refer to 540 Green Bay, LLC DBA Flashbox Kitchen. Flashbox Kitchen offers this website, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Section 1 - Use of Services
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
Section 2 - General Conditions
User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. This Site is hosted through Shopify Inc. While we and Shopify intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond our control. We will not be responsible for any data lost during Internet transmissions or User’s inability to make a purchase from us via the Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without express written permission by us.
Section 3. - Links to Third-Party Websites
Section 4 - Accurateness, Completeness, and Timeliness of Information
We are not responsible if information made available on this Site is not accurate, complete, or current. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Site except as required by law. No specified update or refresh date noted on the Site should be taken to indicate that all information on the Site has been modified or updated.
Section 5 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. All prices shown are in U.S. dollars. Taxes and shipping and handling charges are additional. All items are subject to availability, and we reserve the right to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any product or the Services.
Section 6 - Products
Certain products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Due to the nature of the Internet, it is not possible for us to restrict access to the Site to only those locations where we do business. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from us in a location where such products may not be sold. If you have a question about whether a product is or may be available in your geographic location, we encourage you to contact us.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Section 7 - Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made via this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
For more detail, please review our Returns Policy.
Section 8 - Payment
Section 9 - Returns Policy
If you are dissatisfied with a meal or meal ingredient ordered on our Sites for any reason, please contact us at email@example.com within seven (7) days of the date you received the meal. Depending on the circumstances, we may, in our sole discretion, replace the meal or meal ingredient at our expense, provide you a full or partial refund of the purchase price for that meal or meal ingredient, or provide you with Credits for that meal or meal ingredient that will automatically be applied to future Meal Purchases, as applicable. Notwithstanding the foregoing, Credits for certain types of Meal Purchases may require additional action on your part (e.g., application of a coupon code) in order to be applied to future purchases, which shall be communicated to you at the time of issuance.
Section 10 - Trademarks and Copyrights
“Flashbox Kitchen” is a trademark of Flashbox Kitchen and all rights in this trademark are expressly reserved. Everything located on this Site is the exclusive property of Flashbox Kitchen or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Flashbox Kitchen or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your considering or making a personal purchase and provided that you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material or our trademarks. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
Section 11 - Disclaimer of Warranty and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FLASHBOX KITCHEN ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER FLASHBOX KITCHEN NOR ANY OF ITS MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FLASHBOX KITCHEN DOES NOT WARRANT THAT THIS SITE, INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR E-MAIL SENT FROM FLASHBOX KITCHEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLASHBOX KITCHEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF FLASHBOX KITCHEN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY, AND FLASHBOX KITCHEN’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RETURN AND RECEIVE A STORE CREDIT FOR THE PRODUCT.
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
Section 12 - Indemnification
You agree to indemnify and hold harmless Flashbox Kitchen, its affiliates, and both our and our affiliates’ respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.
Section 13 - Electronic Communication
Section 14 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Section 15 - User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
Section 16 - Personal Information
Section 17 - Prohibited Uses
Section 18 - Termination
Section 19 - Dispute Resolution
By using the Site, you agree that this Agreement will be interpreted under the laws of the State of Illinois without reference to Illinois conflict of laws provisions. You further agree that, if you and Flashbox Kitchen cannot resolve through good-faith negotiation any dispute arising out of or related to this Agreement, the dispute will be submitted to an impartial mediator located in Cook County, Illinois for resolution. If the dispute cannot be resolved through the mediator, then you or Flashbox Kitchen may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive any right to a jury trial. The parties also agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Section 20 - Statute of Limitations
You agree that, regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of products through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
Section 21 - Completeness and Severability
This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. Our failure to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance is determined to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
Section 22 - Contact Information