Terms of service

TERMS OF USE EFFECTIVE:  JUNE 18, 2020

1. Acceptance of the Terms and Conditions.
Artza, LLC (herein referred to as “Artza,” “we,” “us” or “our”) provides and makes available Artza’s goods and services, and related content, to you through Artza’s websites, including, without limitation, www.artzabox.com (the “Site”) and related technologies (collectively, such technology and the Site, the “Service”).  All use of the Service is subject to the terms and conditions contained in these Terms of Use (these “Terms of Use”).  Please read these Terms of Use carefully.  By accessing, browsing or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.  If you do not accept the terms and conditions of these Terms of Use, you shall not access, browse or use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time.  If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Use were last revised.  You may read a current, effective copy of these Terms of Use at any time by selecting the “Terms of Use” link on the Site.  We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means.  Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use.  You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound.  If you do not agree to abide by this or any future Terms of Use, you shall not access, browse or use (or continue to access, browse or use) the Service.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ARTZA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://www.artzabox.com/privacy (the “Privacy Policy”). All such terms are hereby incorporated by reference into these Terms of Use.

2. Use of the Service.
Through the Service, Artza provides a subscription service for quarterly delivery of faith-related foodstuffs, informational content and other products from Israel (the “Products”).  The Service contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”), including, without limitation, Content related to the Products.  We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties.  We do not guarantee that any Content you access on or through the Service is or will continue to be accurate.  The Content is protected by United States and foreign intellectual property laws.  Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use, copy or display the Content, including but not limited to use of framing or mirrors, except as permitted under these Terms of Use.  No other use is permitted without our prior written consent.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.  If you violate any part of these Terms of Use, your right to access and/or use the Content and Service shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Artza (the “Artza Trademarks”) used and displayed on the Service are registered and unregistered trademarks or service marks of Artza.  Other company, product, and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Artza Trademarks, the “Trademarks”).  Nothing on the Service 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 the Service without the prior written consent of Artza specific for each such use.  The Trademarks may not be used to disparage Artza or the applicable third party, Artza’s or 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 Artza’s prior written consent.  All goodwill generated from the use of any Artza Trademark shall inure to Artza’s benefit.

You agree not to: (a) take any action that imposes an unreasonable load on the Service’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service, or modify or create derivative works of the same, (d) delete or alter any material posted on the Service by us or any other person or entity, (e) frame or link to any of the materials or information available on the Service, (f) remove or alter any proprietary notices or marks on the Service, or (g) otherwise take any action in violation of these Terms of Use.

If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition. If you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian, in which case your parent or guardian will be solely responsible for your acts and omissions in using the Service. You may be required to register with Artza in order to access and use certain features of the Service.  If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form.  Registration data and certain other information about you are governed by our Privacy Policy.  If the Site requires or enables you to register with Artza, you are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account.  You agree to (a) immediately notify Artza of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Artza will not be liable for any loss or damage arising from your failure to comply with this paragraph.

By creating an account, Artza may request your affirmative consent in order to provide promotional emails or offers via a periodic email newsletter. In creating an account Artza will automatically activate your subscription to receive periodic promotional email newsletters regarding Artza and its affiliates, but such promotional email newsletters will be completely optional.  Additionally you may subscribe to the newsletter by providing your first name and email address on the Site. You are not required to keep your subscription to such promotional email newsletters in order to be eligible to use the Service.  You may subsequently opt-out of receiving such promotional email newsletters at any time by clicking the “unsubscribe” link in the email and following the procedures set forth at such link.

3. Subscription.
As a subscribed Artza member, we will ship you a package with a different selection of Products on a periodic basis (e.g. monthly, quarterly) during the subscription period (e.g. a  year) that you selected when purchasing your subscription. Each period of your subscription, the selection of Products may change. Accordingly, Artza cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.  Nor can Artza guarantee that Products selected for one subscription package will be the same as those selected for any other subscription package within the same timeframe. Each subscription package will contain Products curated by Artza.  As such, you may not have the option to select or decide what Products you receive. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Purchase, to reject all or part of a Purchase order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at support@artzabox.com. BY SUBSCRIBING YOU AGREE TO PAY THE PERIODIC SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED FOR EACH SUCH PERIOD DURING THE SUBSCRIPTION PERIOD.

Please note that some or all of the Products in our subscription packages may be food products that contain or may have been manufactured in a facility that also processes some or all of the eight major food allergens (in addition to other ingredients): wheat, dairy, eggs, fish, shellfish, soy, peanuts, and tree nuts.  Please also note that some or all of our subscription packages may contain personal care Products that may cause allergic reactions in certain individuals.  

Any information we provide to you, including product descriptions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional or medical advice. You should always read and strictly adhere to any and all Product labeling, packaging inserts and instructions, or manufacturer directions and warnings before using or consuming any Product in your subscription package.  Prior to consumption of any food or use of any personal care Products, please be sure to carefully review all individual Product packages for information regarding product ingredients if you have any suspected or known allergies or if you are otherwise concerned about any particular ingredients.  If you experience an allergic reaction or other adverse health event, discontinue use or consumption immediately and promptly contact your health care provider. If you believe you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately.

4. Membership Cancellation.
We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Site. You must update your account on the Site by the first day of the period (e.g., month, calendar quarter) following the end of your then-current subscription period.

 YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.   YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE PERIOD FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME WITH DELIVERIES ON THE SAME PERIODIC BASIS.

All cancellation requests received after the first day of the first period (e.g., month, calendar quarter) following the end of a subscription period will apply to the following subscription period.

We may terminate your membership, without notice, for conduct we believe violates these Terms of Use or our other policies, is harmful our business interests, or for an inactive account.

5. Third-Party Sites and Technology.
The Service may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access any External Sites, you do so at your own risk.  You acknowledge and agree that Artza will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such External Site.  Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Artza is not liable for any loss or claim that you may have against any such third party.

In the future, the Service may provide you with the ability to enable or log in to the Service, or access other Artza features via various third-party services, such as social media and social networking services like Facebook or Twitter (“Third-Party Services”).  By integrating these Third-Party Services into the Service, we make your online experiences richer and more personalized.  To take advantage of these feature and capabilities, we may ask you to authenticate, register for or log into Third-Party Services on the websites or via the technology platforms of their respective providers.  As part of such integration, the Third-Party Services may provide us with access to certain information that you have provided to such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy.  For more information about the implications of activating and using these Third-Party Services and Artza’s use, storage and disclosure of information related to you and your use of such services within Artza (including your friend lists and the like), please see our Privacy Policy at http://www.artzabox.com/privacy.

Please remember that the manner in which the Third-Party Services use, store and disclose your information is governed solely by the policies of such Third-Party Services, and Artza shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled on the Service.  In addition, Artza is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with the Third-Party Services.  As such, Artza is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third-Party Services.  Artza enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.  You are solely responsible for complying with any legal terms that govern the use of any Third-Party Services.

6. Mobile Services.
The Service includes certain services that are available via a mobile device, including the ability to browse the Site from a mobile device (such services collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

7. User Content.
With respect to any information, content or other materials you provide or otherwise make available to Artza, including, without limitation, by posting or uploading such information, content or other materials on the Service or sharing such information, content or other materials with other Service users or recipients (“User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.  You hereby grant Artza and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of Artza’s business or the promotion, advertising or marketing thereof and/or of any Product, in any form, medium or technology now known or later developed.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, reviews or other information about the Service and/or Products (“Submissions”), provided by you to Artza are non-confidential and Artza will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.  You agree that you will not upload, post, e-mail, transmit, or otherwise make available any User Content that is false, deceptive, misleading, deceitful, or misinformative.

You acknowledge and agree that Artza may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Artza, our users and the public.  You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Artza respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Artza of your infringement claim in accordance with the procedure set forth below.  Artza will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  A notification of claimed copyright infringement should be emailed to Artza’s Copyright Agent at team@artzabox.com (Subject line:  “DMCA Takedown Request”).  You may also contact us by mail or facsimile at:

Artza, LLC c/o 25madison
853 Broadway, Ste 905
New York, NY 10003

To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Artza will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.In accordance with the DMCA and other applicable law, Artza has adopted a policy of terminating, in appropriate circumstances and at Artza's sole discretion, users who are deemed to be repeat infringers.  Artza may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Purchase of Products.
We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover. The price of the periodic subscription fee for the Products is payable in full before delivery. Depending on the payment plans made available through the Service from time to time, and the payment plan you select (if more than one payment plan is made available through the Service), you may either (a) be charged in full for the entire subscription period at the time of your purchase or (b) be charged automatically in advance of each period on an ongoing basis during your subscription period.  You will be charged for the entirety of your subscription period, even if you have cancelled your subscription or membership prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.

If you wish to purchase any Products made available through the Service (“Purchase”), you agree to provide your payment information at the time you order any Product on the Service. You agree to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by Artza.  Our payment page is powered by our third-party payment processor, Stripe, Inc. and its affiliates (“Stripe”, and collectively with any other payment processing service that Company makes available from time to time, each a “Payment Processor”).  WE DO NOT PROCESS PAYMENT FOR ANY PURCHASES. Payment processing via bank account, credit card or debit card on the Service are provided by the Payment Processor and if the Payment Processor is Stripe, are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"), or if the Payment Processor is not Stripe, any other applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, with the Stripe Agreements, the “Payment Processor Agreements”). By agreeing to these Terms of Use, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreements for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. As a condition of Artza enabling payment processing services through the Payment Processors, you represent and warrant to Artza that all information you provide about your payment instruments and/or bank accounts is true and that you are authorized to use such payment instrument and/or bank account, as applicable. You also authorize Artza to share such information and other transaction information related to your payment for Purchases with the Payment Processors. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your periodic subscription or other recurring Purchases.  For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your subscription.  Please contact the applicable Payment Processor for more information. Company assumes no liability or responsibility for any payments you make through the Service.

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable.  You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us on the Service when you submit your order. You will be responsible for all taxes associated with the Services (including your Purchases), other than taxes based on Company’s net income.

All orders of Products must be for your personal use only.  By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes.  All orders are subject to our acceptance or rejection based on Product availability, noncompliance with these Terms of Use or any other reason as determined in our sole discretion.  For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.  We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. The foregoing shall not apply to the extent that you become an authorized retailer for the Products through completing the Authorized Retailer Application on the Site.  All Authorized Retailer Applications are subject to review and approval by Artza.  If you are an authorized retailer you hereby acknowledge and agree that you will comply with any additional terms and conditions that Artza may provide with respect to your use of the Site and Purchases through the Service.

We are constantly updating Product offerings and other content on the Service. We may add, delete, remove, modify, disable, suspend, or restrict some or all of the Service (or the Products offered for sale thereon) at our sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) we shall have no liability to you or any third party in such case.  We shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension, or restriction of access to or use of any or all of the Service (including the Products offered for sale thereon).  We may change the descriptions, specifications, and prices of the Products offered for sale through the Service without notice and at any time.  We do not warrant that such descriptions, specifications, and prices of Products are accurate, complete or current at all times. Any information we provide to you, including any Product descriptions or instructions, is for informational purposes only.

We may experience delays in updating information on the Service and in our advertising on other websites.  The information found on the Service may contain errors or inaccuracies and may not be complete or current.  Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time, without prior notice.  

All other information with respect to the purchase of Products can be found on the Service, including, without limitation, www.artzabox.com.

9. Shipping, Returns and Exchanges.
Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Artza within thirty (30) days of the estimated arrival date indicated on the Service if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

All Products may be returned within seven (7) days of receipt. You are responsible for return shipping and insurance. In order to be eligible for a refund, all contents must be unopened and unused. A refund will be issued once the package is received by our warehouse.

If you cancel your subscription mid-term in accordance with Section 4 above, you will continue to receive shipments for the rest of your then current subscription period. However, you may, in any given month, return your Products (you are responsible for return shipping) for a full refund of that particular monthly Product shipment subject to the return policy above. This allows our subscribers to return any Products they don't fully enjoy and continue to get future Products they've already paid for while allowing us to offer discounts on prepaid memberships.

10. Deliveries.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.  In addition, you are solely responsible for determining the freshness of the Products you receive.  In the unlikely event that you believe that any Product in your package is not suitable for use or consumption upon delivery, please contact us at team@artzabox.com.

To maintain the highest quality and integrity of your Products after delivery, you should follow all Product-specific instructions or applicable regulatory guidelines for storage.  We recommend that you immediately refrigerate all perishable Products or otherwise appropriately store food Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) and U.S. Food and Drug Administration’s (“FDA”) instructions on food storage and food safety.  We also recommend that you follow the USDA’s and FDA’s instructions on safe food handling and any applicable guidelines on cooking temperatures, as may be applicable.  Failure to follow safe food handling practices and storage or temperature recommendations may increase the risk of foodborne illness.

11. Limitation of Liability and Disclaimers.
FROM THE TIME OF DELIVERY, THE CONDITION AND CONSUMPTION OF THE PRODUCTS ARE SOLELY AT YOUR RISK, AND YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, PREPARATION (INCLUDING WASHING OR COOKING), USE AND/OR CONSUMPTION OF THE PRODUCTS FOLLOWING DELIVERY.  YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY 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 THE FOOD PRODUCTS MAY CONTAIN OR BE MANUFACTURED, STORED, PORTIONED OR PACKAGED IN A FACILITY CONTAINING ANY OF THE EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREE NUTS), AND WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.

ARTZA, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ADVERTISING/MARKETING AGENTS, OTHER AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ARTZA PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SERVICE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY.  THE ARTZA PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE SERVICE, THE CONTENT AND THE PRODUCTS AT YOUR OWN RISK.

YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR PACKAGE MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, OR THE AVAILABILITY AND VARIABILITY OF PRODUCTS. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE  AT THE TIME OF YOUR ORDER.

THE ARTZA PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE SERVICE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ARTZA PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICE, THE CONTENT AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED.  THE ARTZA PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL ANY ARTZA PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, THE CONTENT OR THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ARTZA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS , OR ANY OTHER DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF THE ARTZA PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED “LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES” IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

12. Professional Advice Disclaimer.
Any information we provide to you, including product descriptions or instructions, is for informational purposes only.  Use of the Service, Content or Products is not meant to serve as a substitute for professional  advice. You should always read and agree that you are solely responsible for adhering to any and all Product labeling, packaging inserts and instructions, or manufacturer directions and warnings before, during, and after use or consumption of any Product in your subscription package.  Any statements made in connection with the Service, the Content, or on the Products have not been evaluated by the FDA. The Service, the Content, and the Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition, and should not be used as a substitute for consulting a doctor or other health professional.  Consult your doctor with any specific health questions or problems you may have.  If you believe you have a medical emergency or any condition requiring immediate attention, call your doctor or 911 immediately.  

13. Indemnification.  
You agree to defend, indemnify, and hold harmless the Artza Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms of Use or any applicable terms referenced herein, (b) your access to, use or misuse of the Content, the Service, the External Sites, the Third-Party Services or (c) the User Content or any other content, data, information or other materials you upload or otherwise make available through the Third-Party Services.  Artza shall provide notice to you of any such claim, suit, or proceeding.  Artza 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 Artza’s defense of such matter.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

14. Termination.  
You agree that Artza, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service, may reject any order you place for the purchase of Products, and may remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Artza believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities.  Artza may also in its sole discretion and at any time discontinue providing the Service and/or the Products, or any part thereof, with or without notice.  You agree that any termination of your access to the Service and/or the Products under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Artza may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service and/or the Products.  Further, you agree that Artza will not be liable to you or any third party for any termination of your access to the Service and/or the Products.

15. User Must Comply with Applicable Laws.
The Service is based in the United States and may contain Products or references to Products that are only available within the United States. Any such references do not imply that such products will be made available outside the United States.   We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Service or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The United States controls the export of products and information.  You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws.  By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited.  You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

16. U.S. Government Restricted Rights.  
The Content is provided with “RESTRICTED RIGHTS.”  Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq.  or its successor.  Use of the Service or Content by the Government constitutes acknowledgement of our proprietary rights in the Service and Content.

17. Dispute Resolution By Binding Arbitration.  PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Artza, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service and/or the Products, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into these Terms of Use, you and Artza are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND ARTZA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND ARTZA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.  

(c) Pre-Arbitration Dispute Resolution. Artza is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@artzabox.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Artza should be sent to Artza, LLC, c/o 25madison, 853 Broadway Suite 905, New York, NY 10003 (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Artza and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Artza may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Artza or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Artza is entitled.

(d) Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms of Use as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Artza and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $10,000 or less, Artza agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  If the value of the relief sought is $75,000 or less, at your request, Artza will pay all Arbitration Fees.  If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Artza will pay your portion of such fees.  In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Artza will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  Any payment of attorneys’ fees will be governed by the AAA Rules.

(f) Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(g) Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of the Terms of Use will continue to apply.

(h) Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Use to the contrary, Artza agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Artza written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

18. User Disputes.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and/or the Products and Artza will have no liability or responsibility with respect thereto.  Artza reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service and/or the Products.

19. General.
These Terms of Use constitute the entire agreement between you and Artza and govern your use of the Service and/or the Products, superseding any prior agreements between you and Artza with respect to the Service and/or the Products.  You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.  These Terms of Use will be governed by the laws of the State of New York without regard to its conflict of law provisions.  With respect to any disputes or claims not subject to arbitration, as set forth above, you and Artza agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the State of New York. The failure of Artza to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service and/or the Products or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  A printed version of this Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You may not assign these Terms of Use without the prior written consent of Artza, but Artza may assign or transfer these Terms of Use, in whole or in part, without restriction.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Notices to you may be made via either email or regular mail.  The Service and/or the Products may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Service and/or the Products.

20. Your Privacy.
At Artza, we respect the privacy of our users.  For details please see our Privacy Policy.  By using the Service, you consent to our collection and use of personal data as outlined therein.

21. Notice for California Users.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  You may contact us at Artza, LLC, c/o 25madison, 853 Broadway Suite 905, New York, NY 10003.

22. For Additional Information
If you have any questions about these Terms of Use, please contact support@artzabox.com.