Terms Of Service
WasatchFresh.com terms of Service
(Your legally binding contract with WasatchFresh.com)
This is the contract between You and WasatchFresh.com, which is a DBA of Roman Three, LLC, a Utah limited liability company (WasatchFresh). When You sign up for a plan to have fresh made meals delivered to Your home, You agree to the terms of this contract. Your failure to read and understand the terms of this contract does excuse You from abiding by the terms of the Contract.
- The Contract between You and WasatchFresh.
Generally speaking, this is a contract in which You pay for WasatchFresh to completely prepare and deliver to You meals that WasatchFresh staff has prepared (the “Meals”). The meals are intended for You and Your companions to consume the day that they are delivered. In exchange for the delivery of the meals, You agree to pay, in advance, for the preparation and delivery of the Meals on a schedule and at a rate this is clearly posted at WasatchFresh.com.
- Contract Terms are Binding Between You and WasatchFresh.com
The terms of this contract are binding upon the person whose credit card is received for payment (heretofore and hereafter “You). If You are not the person whose credit card was was used to pay for the Meals but You used the credit card of another to pay for the Meals, You represent and warrant that You have the lawful authority to bind the credit card holder to the terms of this contract. WastachFresh reserves the unilateral right to change, add or remove provisions of this contract at any time. You should check this contract periodically for changes. In paying for Meals to be delivered by WastchFresh to You, You explicitly consent to the terms of contract. If You do not agree to this contract, You should cancel the contract, subject to the terms regarding refunds.
- Subscription for Delivery of Meals.
You agree to pay a monthly or other periodic fee according to the terms of the particular schedule You subscribe to as set forth at www.WastatchFresh.com. WastchFresh will charge your credit card in advance for the subsequent deliveries and deliver the meals to You in the amounts and at the frequency you have subscribed to. WastchFresh will continue to charge Your card in advance and deliver the meals to You on the schedule and in the amounts you have subscribe for until You provide written notice of a Change as set forth below. We reserve the right to increase costs, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate (including email or conventional mail).
After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) up to 10 days prior to the start of each subsequent period, unless you have cancelled your meal plan program before you are charged for the relevant billing period. The subsequent charge will be the same as the prior period's charge per meal being purchased, unless WasatchFresh notifies You at the time of sign-up or prior to the beginning of the renewal period as described above.
You agree to provide us with true, accurate and complete information as required by the sign-up process, including Your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow WastchFresh to share Your information with third parties for the sole purpose of verifying the information You provide and billing Your credit card or otherwise charging your account. You agree to maintain and promptly update the information You provide to WastchFresh. Without limiting any other provision of this contract, if You provide any information that is untrue, inaccurate, or incomplete, or WastchFresh has grounds to suspect that such is the case, WasatchFresh reserves the right to suspend or terminate Your service, and if applicable, Your user account, and refuse any and all current or future Meal deliveries and/or access by You to the Website (or any portion thereof).
- Cancellation of Service
You can cancel your service by contacting Customer Service at or as otherwise set forth in the Website which can be found at www.wasatchfresh.com. WasatchFresh.com will attempt to process all cancellation requests promptly, provided that You send Your request via the acceptable methods. Unless You cancel 5 days prior to the beginning of the next subscription period, You will be billed for the next subscription period. You understand and agree to the necessity of this 5 day advance notice period because of the extensive costs and preparation time required to plan for, purchase and prepare Your meals. If You cancel without advance notice to WasatchFresh it will impose an unfair hardship on WasatchFresh.
- Refunds
The Fees, including the meals purchased in advance for any month (or portion thereof) elapsed are nonrefundable except as set forth below:
(1) Depending on when we receive your notice of cancellation, it is possible that You may have already been charged for Your subsequent meal delivery period. In that case, You we will refunded the full amount for that next period as long as You cancel the service no less than 5 business days before the first day of the week your Meal delivery period is scheduled to start again.
(2) If WasatchFresh terminates Your contract (as opposed to You cancelling Your contract), other than due to your violation of this contract, prior to the end of a period for which You have incurred a charge, WasatchFresh will refund any unused portion for unused Meal Plans.
(3) If you cancel your contract and are entitled to a full refund, we reserve the right to charge a fee to cover the cost to us of any administrative or other services you may have used or inventory ordered or committed prior to your cancellation, to the extent permitted by law.
- Limitation of Liability.
You understand that while WastchFresh makes extra effort to procure locally sourced ingredients from locally owned businesses, Your meals do not come with any warranty as to where or how the ingredients are sourced. Likewise, You understand that WasatchFresh does not--indeed, cannot--accommodate the needs of consumers with special dietary restrictions such as allergies, intolerances or other restrictions. The ingredients may or may not be organic. In other words, if You have any dietary restrictions You alone alone accept the responsibility for any adverse reactions arising out of ingesting the ingredients that comprise the meals. Moreover, You agree that You alone are responsible for the consequences of third parties (in most cases, Your guest(s), family member(s), companion(s) and other foreseeable consumers) who consume the meals prepared by WasatchFresh.
- Deliberately Left Blank.
- Disclaimer of Warranty
Nothing You convey to us either orally or in writing shall act to void the limitation of liability set forth above.
- Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM (A) ACCESS TO, OR THE INABILITY TO ACCESS, WEBSITE; (B) THE USE OF ANY PRINTED MATERIAL; OR (C) UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION OF YOUR DATA.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR YOUR PURCHASE IN ADVANCE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR SERVICE, ANY PROVISION OF THIS CONTRACT, OR ANY PRACTICE OR POLICY OF OURS (INCLUDING WITHOUT LIMITATION ANY CHANGE IN CONTENT, OR IN THE AMOUNT OR TYPE OF FEES ASSOCIATED WITH MONTHLY PURCHASE), YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF YOUR SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Indemnification
You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from Your improper use of any WasatchFresh products or services (including, without limitation, the Meals), Your violation of this contract, or the infringement or use by You or any other user of Your account, of any intellectual property or other right of any person or entity.
- Governing Law and Choice of Forum
This contract shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this contract shall be filed only in the state or federal courts located in Salt Lake County, Utah, You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Miscellaneous Terms
In any action against us arising from the Meal purchase and service, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions. This contract, as it may be updated from time to time, together with the Website Terms and Conditions and any Terms and Conditions, are the entire contract between you and Dine WasatchFresh relating to the subject matter herein.
WasatchFresh may assign its rights and obligations under this contract. This contract will inure to the benefit of our successors, assigns and licensees. You agree that if we do not exercise or enforce any legal right or remedy under this contract (or which we would have under any applicable law), that will not be construed as a waiver of our rights.
