Terms of Use

Last Updated: June 10, 2016

Food Insurance, a company of Ready Store LLC and/or its affiliates ("Food Insurance") provide website features and other products and services to you when you visit or shop at Food Insurance or use Food Insurance products or services. Food Insurance provides these services subject to the following conditions.

By using https://www.foodinsurance.com/, you agree to these conditions. Please read them carefully.

We offer a wide range of Food Insurance services, and sometimes additional terms may apply. When you use a Food Insurance Service (for example, Your Account, Gift Cards, My Wishlist) you also will be subject to the guidelines, terms and agreements applicable to that Food Insurance Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Policy, which also governs your use of Food Insurance Services, to understand our practices.

Electronic Communications

When you use any Food Insurance Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site or through the other Food Insurance Services, such as our My Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Food Insurance Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Food Insurance or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Food Insurance Service is the exclusive property of Food Insurance and protected by U.S. and international copyright laws.

Trademark

Food Insurance names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Food Insurance, Inc. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Food Insurance Service are trademarks or trade dress of Food Insurance in the U.S. and other countries. Food Insurance's trademarks and trade dress may not be used in connection with any product or service that is not Food Insurance's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Food Insurance. All other trademarks not owned by Food Insurance that appear in any Food Insurance Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Food Insurance.

License and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Food Insurance or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Food Insurance Services. This license does not include any resale or commercial use of any Food Insurance Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Food Insurance Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Food Insurance or its licensors, suppliers, publishers, rightsholders, or other content providers. No Food Insurance Service, nor any part of any Food Insurance Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Food Insurance. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Food Insurance without express written consent. You may not use any meta tags or any other "hidden text" utilizing Food Insurance's name or trademarks without the express written consent of Food Insurance. You may not misuse the Food Insurance Services. You may use the Food Insurance Services only as permitted by law. The licenses granted by Food Insurance will terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

If you use any Food Insurance Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Food Insurance does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Food Insurance Services only with involvement of a parent or guardian. Food Insurance reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications and Other Content

Visitors may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Food Insurance reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Food Insurance a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Food Insurance and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Food Insurance for all claims resulting from content you supply. Food Insurance has the right but not the obligation to monitor and edit or remove any activity or content. Food Insurance takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

Food Insurance respects the intellectual property of others. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Food Insurance's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Food Insurance's Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Food Insurance's Designated Agent that includes the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Food Insurance to locate the material;
  4. Information reasonably sufficient to permit Food Insurance to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Food Insurance’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
Food Insurance
12453 S 265 W
Suite D
Utah 84020
United States of America
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.

Upon receipt of a valid notification of alleged copyright infringement by a third party, Food Insurance shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to this material.

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Food Insurance, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above.

To be effective, a counter notification must be a written communication provided to the Food Insurance's Designated Agent that includes the following:
  1. A physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If Food Insurance receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Food Insurance has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Food Insurance's system.

You should be aware that the DMCA provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their the counter notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Food Insurance, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

Risk of Loss

All items purchased from Food Insurance are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Food Insurance does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Food Insurance does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.

Product Descriptions

Food Insurance attempts to be as accurate as possible. However, Food Insurance does not warrant that product descriptions or other content of any Food Insurance Service is accurate, complete, reliable, current, or error-free. If a product offered by Food Insurance itself is not as described, your sole remedy is to return it in unused condition.

Pricing

While Food Insurance strives to provide accurate pricing information, pricing, typographical, or photographic errors may occur. Food Insurance cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Food Insurance shall have the right, at Food Insurance's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Food Insurance may, at Food Insurance's discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

With respect to items sold by Food Insurance, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Food Insurance is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Other Businesses

Parties other than Food Insurance operate stores, provide services, or sell product lines through the Food Insurance Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Food Insurance does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

Food Insurance makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, Food Insurance disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Food Insurance disclaims any and all warranties, express or implied, for any merchandise offered on this site. You acknowledge, by your use of Food Insurance’s web site, that your use of the site is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of these terms of use. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

Product information accessed through this website is obtained from claims made by the product's manufacturer. Please note that, on occasion manufacturers may alter their labels so actual product packaging and materials may contain different information than that shown on our web site, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Food Insurance assumes no liability for inaccuracies or misstatements about products. Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by Food Insurance.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Giftcards

The Food Insurance printed Gift Cards and eGift Cards ("Gift Cards") are not returnable or refundable for cash except in states where required by law. Resale of gift cards is strictly prohibited.

The balance on any plastic Gift Card is solely the liability of Food Insurance. The balance on any eGift Card is solely the liability of Food Insurance.

Gift card promotions are limited to one redemption per customer unless otherwise specified in advertised material.

The Food Insurance Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Food Insurance's prior written approval. Such approval shall be conditioned on, among other things, execution of and compliance with Food Insurance's standard gift card license agreement.

Use of Food Insurance's name, logo, trade dress or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Food Insurance gift cards is strictly prohibited. Furthermore, the use of Food Insurance gift cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, The Food Insurance or any of its subsidiaries or affiliates is prohibited.

By purchasing a Food Insurance gift cards, you are certifying and representing to Food Insurance that the activities in connection with which the gift card will be used will comply with these terms and conditions and all applicable laws, rules and regulations, and that the gift cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Food Insurance. In addition, you agree to defend and indemnify Food Insurance and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the The Food Insurance Gift Cards or violation of any of these Terms & Conditions.

If your gift card is lost or stolen, immediately call customer service at 1-800-773-5331. Your gift card will be cancelled and we will issue a new one with the remaining balance. Lost or stolen gift cards cannot be replaced without the original receipt. Food Insurance and its affiliates shall have no liability to you for (i) lost or stolen Gift Cards or (ii) use of any Gift Cards by third parties through your Food Insurance account.

Food Insurance reserves the right to provide free or discounted gift cards as giveaway items or as a promotional item. These gift cards have the same terms and conditions as gift cards described above. However, promotional gift cards may have an expiration date, delayed activation date or may be subject to additional restrictions as provided on the promotion item itself or packaging or other written material that accompany such promotional gift cards.

Applicable Law

By using any Food Insurance Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Food Insurance.

Site Policies, Modification and Severability

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.