Terms of use for Buyers

Welcome to our website, www.podfoods.co. Pod Foods Co (“Pod Foods”) provides online services to you when you visit our website, subject to the following terms and conditions of use. By using our website, you agree to these Terms and Conditions. Please read them carefully.Buyer Other Service Terms Depending on your relationship with Pod Foods, your use of our website may also be governed by other Service Terms, such as our Vendor Agreement or our Buyer Agreement. If these Terms and Conditions are inconsistent with those Service Terms, the Service Terms will take precedence. Privacy Policy Please review our Privacy Policy, an integral part of these Terms and Conditions, to understand how we protect your privacy. Permitted Use Subject to your compliance with these Terms and Conditions and any Service Terms, and your payment of any applicable fees, Pod Foods grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to access and make personal use of our website. This license does not permit any resale or commercial use of our website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our website or its contents; any downloading, copying, scraping, data mining or other techniques of extracting or gathering information from our website or its contents for the benefit of any third party. All rights not expressly granted to you in these Terms and Conditions or in any Service Terms are reserved and retained by Pod Foods or its licensors, suppliers, publishers, or other content providers or rights holders. Our website and its contents may not be reproduced, duplicated, copied, modified, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pod Foods. You may not incorporate or compile any portion of our website into or with other programs, or otherwise create derivative works of, distribute, assign any rights to, or license it in any way. You may not frame or utilize framing techniques to enclose any Pod Foods trademark, logo, or other proprietary information (including images, text, or page layout) without express written consent of Pod Foods. You may not reverse engineer, decompile, disassemble, tamper with, or bypass any security associated with our website. You must be an adult with 18 years of age to use our website. If you are under 18 years of age, you may use our website only with involvement of an adult guardian or parent. You may use our website only as permitted by law. Products may not be purchased through our website if they are not permitted by law to be used, consumed, possessed, transported or delivered in or to the delivery location. Pod Foods will refuse such purchase and delivery. You may not misuse our website. Any license granted by Pod Foods terminates immediately if you do not comply with these Terms and Conditions. Pod Foods reserves the right to refuse service, terminate accounts, cancel orders, terminate any license to use our website, remove or edit any content on our website, in our sole discretion. Product Descriptions While Pod Foods attempts to make our website as accurate and reliable as possible, product descriptions, ingredients, pictures and related information are provided by our vendors and Pod Foods does not warrant that such product information is accurate, complete, reliable, current, or error-free. Copyrights All content included in or made available through any our website such as, but not limited to, text, graphics, logos, button icons, images, audio clips, downloads, data, and software, is the property of Pod Foods or its content providers, and is protected by United States and international copyright laws. The compilation of all content included in or made available through our website is the exclusive property of Pod Foods and protected by U.S. and international copyright laws. Trademarks The trade names, service names, logos, graphics and icons included in or made available through our website are trademarks or trade dress of Pod Foods in the United States and other countries. Pod Foods’ trademarks and trade dress may not be used in connection with any product or service that is not Pod Foods' without express written consent of Pod Foods, nor in any manner that is likely to cause confusion to anyone, nor in any manner that disparages or discredits Pod Foods. All other trademarks that appear on our website that are not owned by Pod Foods are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pod Foods. Limitation of Liability THE POD FOODS WEBSITE, ITS CONTENT AND INFORMATION, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH OUR WEBSITE ARE PROVIDED BY POD FOODS ON AN "AS IS" AND "AS AVAILABLE" BASIS. POD FOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, ITS CONTENT AND INFORMATION, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH OUR WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, POD FOODS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POD FOODS DOES NOT WARRANT THAT OUR WEBSITE, ITS CONTENT AND INFORMATION, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, THE SERVERS USED BY POD FOODS, OR ELECTRONIC COMMUNICATIONS SENT BY POD FOODS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, POD FOODS WILL NOT BE LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE, ITS CONTENT AND INFORMATION, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES. Electronic Communications When you use our website, or send e-mails, text messages, and other electronic communications to us, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, and you may retain copies of these communications for your personal records. You agree that all emails, texts, notices, disclosures, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Third Party Services When you use our website, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the applicable laws and separate policies, terms of use, and fees of these third parties. Arbitration of Disputes Any dispute or claim relating in any way to your use of our website, or to any products or services sold or distributed by Pod Foods will be resolved by binding arbitration, rather than in court, with the exception of enjoining infringement of intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to this agreement. Any arbitration will be conducted under the rules of the American Arbitration Association, and only on an individual basis, 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. Applicable Law By using our website you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California will govern these Terms and Conditions and any dispute that might arise between you and Pod Foods. Policy Changes We reserve the right to make changes to these Terms and Conditions, Service Terms, our other policies, our website and its content at any time and without notice to you. Severability If any of these terms or conditions shall be deemed invalid, void, or unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any other term or condition. Contact Information Pod Foods Co PO Box 77490 San Francisco CA 94107 www.podfoods.co hi@podfoods.co Updated: August 2020