Terms & Conditions

As a customer of Jessie & Laurent, you agree to each of the following terms & conditions:

Effective Date: April 30, 2025

Introduction and Acceptance of Terms

Welcome to Jessie & Laurent and our Terms and Conditions of Service ("Terms" or “Agreement”). We’re excited to provide you and your family with great meals delivered to your doorstep. These Terms are important and affect your legal rights, so please read them carefully. Note that Section [] governs how disputes are resolved and includes a mandatory agreement to resolve disputes by binding, individual arbitration, subject to certain exceptions.

J&L Fine Foods, LLC DBA Jessie & Laurent (“Jessie & Laurent”, "Company," "we," "us," or "our") operates jessieandlaurent.com and jessieetlaurent.com (collectivly, the “Site”) and makes the Site available to visitors and users in the United States (“you” or “your”). These Terms govern your access to and use of the Site and the ready-to-eat meal delivery services and related Services, including all content, features, and functionalities offered by us (collectively, the "Services").

By clicking on the “Checkout” button, completing the registration process, or by visiting or using our Site, and purchasing our products and service, you represent and agree that: (i) you have read, understand, and agree to be bound by these Terms; and (ii) you are of legal age to form a binding contract with us, and you have the authority to enter into the Terms personally or on behalf of the individual you have named as the user and to bind either yourself or the named individual to these Terms. The term “you” refers to the individual or legal entity as applicable, identified as the user you registered on the Site. If you do not agree to be bound by these terms, you may not access or use this Site or the Services. Agreement to these Terms also includes agreement to all of the terms incorporated herein by reference including our Privacy Policy. Please review the Privacy Policy [Link to Privacy Policy] to understand our practices regarding the collection, use, and disclosure of your personal information. If you do not agree to these Terms, you may not access or use our Site, or order, receive, or use the Services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR THE SERVICES. BY ACCESSING, BROWSING, REGISTERING FOR AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE USING THE SITE OR SERVICES IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. YOU FURTHER AGREE THAT THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.

Service Availability

The Site and our Services are intended for use by individuals who will accept delivery within our meals within designated service areas (collectively, the “Serviced Areas”). At this time, we do not accept orders that designate a delivery address outside of the Serviced Areas. You can verify if your address is within our Serviced Areas by entering your zip code on the Site. We reserve the right to change our Serviced Areas at any time. Gift-giving options may also be available through the Site.

Registered User Accounts

Registering Your Account. In order to utilize specific features on the Site, individuals will need to become a Registered User. For purposes of these Terms, a “Registered User” is a user who has registered an account on the Site (“Account”) or, if available as a feature, has a valid account on the social networking service (“SNS”) through which the user has connected to the Site (each such account, a “Third-Party Account”).
Access Through a SNS. If you access the Site through a SNS as part of the functionality of the Site, you may link your Account with Third-Party Accounts, by allowing Jessie & Laurent to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Jessie & Laurent and/or grant Jessie & Laurent access to your Third-Party Account (including, but not limited to, for use for the purposes described in these Terms) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Jessie & Laurent to pay any fees or making Jessie & Laurent subject to any usage limitations imposed by such third-party service providers. By granting Jessie & Laurent access to any Third-Party Accounts, you understand that Jessie & Laurent may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be User Content (as defined in Section []) for all purposes of the Agreement. Depending on the Third-Party Accounts, you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or Jessie & Laurent’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND JESSIE & LAURENT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Jessie & Laurent makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Jessie & Laurent is not responsible for any SNS Content.
Registration Data. Should you create an account with Jessie & Laurent, you agree to: (1) provide true, accurate, complete and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (3) notify us as soon as possible either info@jessieandlaurent.com or call (415) 485-1122 if you believe there have been any breaches to the security of the Site or your account information; and (4) exit from your Account at the end of each session. You represent that you are (A) at least eighteen years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors. You may not share your Account or password with anyone If you provide any information that is untrue, inaccurate, not current or incomplete, or Jessie & Laurent has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Jessie & Laurent has the right to suspend or terminate your Account and refuse any and all current or future use of Site or Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Jessie & Laurent reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site if you have been previously removed by Jessie & Laurent, or if you have been previously banned from the Site. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Jessie & Laurent. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Communication. By providing your phone number to Jessie & Laurent through the Site or in connection with your order, receipt or use of our Services, you consent to receive calls or text messages, including calls or text messages sent through automatic telephone dialing systems and pre-recorded calls at any telephone number that you have provided us, in order for us to: (i) notify you about your account; (ii) provide you updates on the status of your order and/or delivery; (iii) collect an outstanding payment or debt; (iv) contact you about exclusive offers and for any other marketing or promotional purposes; and (v) send you cart reminders. If you elect to receive text messages or phone calls from us, either via our Site or by sending a text message to us indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional telephone calls and/or SMS text messages from us (each, a “Call” or “Text Message”), including your consent to marketing messages and calls sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. Message frequency varies. You can opt out of receiving further Text Messages or Calls at any time. To opt out of Text Messages from us, reply “STOP” at any time to any Text Message you receive from us. Message and data rates may apply. Please contact your mobile phone carrier for details. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Text Message services are provided on an “as is” basis. Data obtained from you in connection with any Text Message services may include your mobile number, your mobile provider’s name and the date, time, and content of your Text Messages. We may use this information in accordance with our Privacy Policy to contact you. If you change or deactivate a phone number you have provided Jessie & Laurent, you have an affirmative obligation to update your account information and the phone number(s) associated with your account to prevent us from inadvertently communicating with the individuals who acquire any phone number(s) previously linked to your account. Any new or updated phone number you provide Jessie & Laurent may receive our standard marketing Text Messages unless you also unsubscribe through the procedures provided in this section. Following such opt-out, you may continue to receive calls or messages for a short period of time we process your request. It is your responsibility to keep your account information, including your phone number, updated. We may share your telephone number with our service providers (such as billing or collections companies) that we have contracted to assist us in pursuing our rights. You agree that these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes identified above. We may, with notice as required by law, monitor or record your communications with Jessie & Laurent for training and quality assurance purposes.

Gift Cards

You may purchase and/or otherwise receive gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both (“Gift Cards”) through the Site. All Accounts are subject to the Terms in all respects and the Jessie & Laurent Gift Card Terms and Conditions. Gift Cards may be redeemed on the Site using your Gift Card’s unique code. Redemption of Gift Cards will result in the application of a credit to your purchase in the amount of the Gift Card balance. Any Gift Card balance can be redeemed during future purchases, utilizing the Gift Card’s unique code Services until the Gift Card is depleted. Gift Cards are not redeemable for cash. Notwithstanding the foregoing, Gift Cards with balances of under $10.00 are redeemable for cash. To make a request to redeem a gift card with a balance of under $10.00, please visit email info@jessieandlaurent.com. Jessie & Laurent is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. Jessie & Laurent reserves the right to refuse to honor a Gift Card where Jessie & Laurent suspects that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, email info@jessieandlaurent.com immediately.

Vouchers

Jessie & Laurent may offer discount promotions, free/discounted trials, or other types of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users need to create an Account through the Site and input their information and the code found on the Voucher to redeem. If you purchase any Voucher, Voucher is deemed to have been sold at the time of payment for it. The discount found on the Voucher is limited as stated on the Voucher or by us on tSite or these Terms. Similarly, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Vouchers are only for first-time users of Jessie & Laurent, unless the Voucher states otherwise. Jessie & Laurent reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance of the foregoing sentence, Jessie & Laurent reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third party website (excluding your own social media profile(s) or blogs), or if you otherwise violate this Agreement. Vouchers may only be redeemed through our Site and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to this Agreement and any special conditions attached to the Voucher.

Ordering, Pricing, and Payment Terms

Ordering Process: To place an order, you must first enter a deliverable zip code on the Site to view the applicable weekly menu and confirm your designated delivery day. You must select meals from the available menu for the desired week(s) and meet the minimum order value requirement, which is currently $60.00 per delivery. Once selections are made and the minimum order value is met, you may proceed to checkout to finalize your order.
Ordering Deadlines: Orders must be placed by the specified deadlines, which vary based on your scheduled delivery day. Failure to meet the deadline may result in your order being scheduled for the following week or requiring special arrangement, subject to availability. It is your responsibility to ensure orders are placed before the applicable cut-off time. Current deadlines are as follows:

Delivery Day(s)	Ordering Deadline
Monday / Tuesday	Prior Friday by 12:00 PM PST
Wednesday	Prior Monday by 12:00 PM PST
Thursday / Friday	Prior Tuesday by 12:00 PM PST

Subject to change.

No Automatic Renewal: Unless the Company explicitly introduces a separate, opt-in subscription feature that complies with California's Automatic Renewal Law (“ARL”), placing an order does not enroll you in an automatic renewal or continuous service plan. Each delivery requires a separate, affirmative order placed by you through the Site.
Pricing: All prices for the Services are listed on the Site and are quoted in U.S. Dollars. Prices are subject to change without prior notice. The price applicable to your order will be the price listed on the Site at the time you place your order. Applicable sales tax (if any) and any other relevant fees (such as delivery fees, if any) will be added to your order total at checkout. While there is currently no charge for cooler supplies, we reserve the right to implement such charges in the future with appropriate notice.
Payment: You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes (if any). To make an order from an Account, you must provide valid payment information (e.g. credit card, debit card, a Gift Card or any other type of payment option offered) through the Site. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be charged for all fees and taxes applicable to your order (typically processed 24 to 48 hours prior to your scheduled delivery date); (2) Jessie & Laurent to share payment information and instructions required to complete the payment transactions between Jessie & Laurent, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services); and (4) no additional notice or consent is required for the foregoing authorizations. Jessie & Laurent reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of our Service, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Jessie & Laurent reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third party collection agency.

Delivery Policy

Delivery Area and Schedule: We deliver only to addresses within our Serviced Areas. Deliveries are made weekly on the specific day assigned to your zip code during the ordering process. Delivery times are typically between 8:00 AM and 5:00 PM, but these times are estimates and not guaranteed.
Delivery Procedure: Meals are delivered fresh and chilled in insulated cooler bags containing ice packs designed to maintain a safe temperature for a limited time. By special arrangement, our delivery driver may be able to stock your refrigerator directly if access is provided. We adhere to applicable food safety transportation guidelines to protect food from contamination during transit.
Unattended Deliveries: If you are not home at the time of delivery, you authorize us to leave the delivery at a specified, secure location (e.g., front porch, designated area). Our cooler supplies are intended to maintain a safe temperature for a maximum of three hours under typical conditions. It is your sole responsibility to retrieve the delivery promptly and properly refrigerate the meals within 2-3 hours of delivery to ensure food safety. Failure to do so may compromise the safety and quality of the food.
Risk of Loss: Title to the food products and risk of loss or damage passes to you upon delivery of the meals to your specified delivery address or designated drop-off location. Once delivered, the Company is not responsible for any loss, damage, theft, spoilage, or contamination of the meals due to environmental conditions, delay in retrieval, improper storage, or any other reason beyond our control after the point of delivery.
Cooler Supplies: There is currently no charge for the insulated cooler bags and ice packs used for delivery. For subsequent deliveries, if you leave the previous delivery's cooler bag and ice packs at your doorstep, our driver will reuse the bag and replace the ice packs. If you are home, you may return the cooler supplies from a previous delivery directly to the driver. We encourage the return and reuse of these supplies.
Failed or Missed Deliveries: If we are unable to complete a delivery due to reasons attributable to you (e.g., incorrect address provided, inaccessible location, failure to provide necessary entry codes), we will attempt to contact you. We reserve the right to charge for the order and any associated redelivery fees, or to cancel the order without refund or credit, at our discretion.
Delivery Restrictions: We cannot deliver outside our defined Serviced Areas. For corporate gifts intended for recipients outside our Serviced Areas, the ordering business must accept delivery within our Serviced Areas and assume full responsibility for the proper handling, chilling, and prompt onward delivery to the final recipients. If the business moves or cannot accept delivery, and neither the business nor the recipient can provide an alternative delivery address within our service area, the order or gift certificate may not be fulfilled or honored.

Cancellation, Credit, and Refund Policy

Order Cancellation: To cancel an order you have already placed, you must provide notice to the Company at least forty-eight hours prior to your scheduled delivery date. This 48-hour notice period excludes weekends. To effectively cancel, you must both call our office at (415) 485-1122 AND send a separate email confirmation to info@jessieandlaurent.com detailing your cancellation request. This dual notification requirement ensures timely processing and confirmation. Orders that are already in the preparation process or are out for delivery cannot be cancelled.
Refunds and Credits: All requests for refunds or credits due to cancellations, quality concerns, or delivery issues will be handled on a case-by-case basis by contacting our customer service team. Eligibility for refunds or credits is determined at the sole discretion of Jessie & Laurent. Timely cancellation according to the policy above increases the likelihood of receiving a credit or refund.

Food Safety, Storage, and Allergen Information/Disclaimers

Your Responsibility:You are solely responsible for the proper and safe handling, preparation, storage, cooking (if applicable, though meals are ready-to-eat), use, and consumption of the meals following delivery. You agree to properly and promptly refrigerate all meals upon delivery and ensure they are stored at or below 40°F (4°C) until consumption. Failure to follow safe food handling practices and temperature control may increase the risk of foodborne illness.
Reheating and Freshness: Meals are delivered chilled and ready to be reheated. Reheating instructions are provided with your order, primarily designed for conventional ovens (containers are oven-safe up to 350°F on a baking sheet, not directly on the rack). While meals can be microwaved in their containers (with slits cut in the film), specific microwave instructions are not provided due to variability in appliances. Food generally stays fresh for at least five days from the delivery day when properly refrigerated, although seafood and salads are best consumed earlier.
Freezing: Certain menu items are suitable for freezing and will be marked accordingly online and on your personalized menu. If freezing meals, ensure they are transferred to freezer-safe containers if necessary. Meals should be fully defrosted in the refrigerator (allow at least 24 hours) before reheating according to the provided instructions. Reheating from frozen is not recommended.
Nutritional Information and Health Claims: We do not currently provide detailed nutritional analysis (e.g., calorie counts, macronutrient breakdowns) for our meals. General information may be inferred from ingredient lists, but these are not comprehensive nutritional statements. Our meals are not intended to diagnose, treat, cure, or prevent any disease or health condition. Consult with a healthcare professional for specific dietary advice or concerns. We do not use MSG, artificial preservatives, or artificial sweeteners in our preparations. Our containers are BPA-free.

!!! MAJOR FOOD ALLERGEN WARNING AND DISCLAIMER!!!

PLEASE BE AWARE THAT OUR MEALS ARE PREPARED IN A COMMERCIAL KITCHEN FACILITY WHERE FOODS CONTAINING MAJOR US FOOD ALLERGENS ARE HANDLED AND PREPARED. THESE ALLERGENS INCLUDE: MILK, EGGS, FISH (E.G., BASS, FLOUNDER, COD), CRUSTACEAN SHELLFISH (E.G., CRAB, LOBSTER, SHRIMP), TREE NUTS (E.G., ALMONDS, WALNUTS, PECANS), PEANUTS, WHEAT, SOYBEANS, AND SESAME.

CROSS-CONTAMINATION RISK: Jessie & Laurent employs procedures designed to minimize the risk of allergen cross-contact, particularly when fulfilling requests related to gluten or nut avoidance. However, due to the shared nature of our cooking and preparation areas, utensils, and equipment, WE CANNOT AND DO NOT GUARANTEE THAT ANY MEAL IS COMPLETELY FREE OF ANY PARTICULAR ALLERGEN. Airborne particles, shared equipment, and handling practices create an unavoidable risk of cross-contact.

IF YOU OR SOMEONE YOU ARE ORDERING FOR HAS A SEVERE FOOD ALLERGY, PLEASE EXERCISE EXTREME CAUTION. We strongly advise individuals with life-threatening allergies (e.g., anaphylaxis) to refrain from consuming our meals due to the inherent risk of cross-contamination. By ordering from Jessie & Laurent, you acknowledge and accept this risk.

Consumption Advisory: Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness. While our meals are provided ready-to-eat (requiring reheating), ensure all items are reheated to safe internal temperatures as recommended by food safety guidelines.

PROPRIETARY RIGHTS

Jessie & Laurent is the owner and operator of the Site. Additionally, Jessie & Laurent is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site or any Services (collectively the “Materials”) . The Materials and Services are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws throughout the world.

Subject to this Agreement, Jessie & Laurent grants users a limited license to use the Materials in order to utilize Jessie & Laurent’s Services for personal, non-commercial use. Any other use of Jessie & Laurent’s materials, including modification, distribution, or reproduction for purposes other than the personal usage of Jessie & Laurent’s Services, without written approval from Jessie & Laurent (which can be provided through email) is prohibited. Any future release, update or other addition to the Services shall be subject to this Agreement. Jessie & Laurent, its suppliers, and its service providers reserve all rights not granted in this Agreement.

Trademarks. “Jessie & Laurent,“ all other Jessie & Laurent marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Jessie & Laurent or otherwise proprietary to Jessie & Laurent and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Services are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Services. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Other Content. Except with respect to your User Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Services.
Procedure for Making Claims of Copyright Infringement. Jessie & Laurent reserves the right to terminate any end-user’s access to the Services where that end-user infringes upon third-party copyrights. If you believe content posted on the Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence regarding notice of claims of copyright infringement should be sent to our copyright agent info@jessieandlaurent.com.

COMMUNITY STANDARDS AND CONDUCT GUIDELINES

You may use Jessie & Laurent Services only for lawful purposes and in accordance with these Terms. By visiting our Site or by using our Services, you hereby agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Jessie & Laurent, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To impersonate or attempt to impersonate Jessie & Laurent, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Jessie & Laurent or users of the Site or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.
Otherwise attempt to interfere with the proper working of the Site.

NON-USER THIRD PARTY CONTENT

We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Services (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by Jessie & Laurent, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Services (including, but not limited to, our Site, social media, other Content, or products) are solely between you and such third parties; and (ii) that it is impossible for Jessie & Laurent to monitor such materials and that you access these materials at your own risk.

USER CONDUCT

You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by this Agreement and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Jessie & Laurent; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Jessie & Laurent without Jessie & Laurent’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Jessie & Laurent’s Content or the Site without our prior written consent; (8) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site, or in a way that could overburden or interfere with the functioning of the Site in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Jessie & Laurent has not authorized to access the Site, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site which you are not authorized to access, pursuant to this Agreement or any subsequent agreements; or (12) use the Site for any illegal purpose.

USER CONTENT

Pursuant to the specifications located in this Agreement, the Site or any social media platforms on which Jessie & Laurent has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post or submit to us through email or other channels must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and this Agreement. You understand and acknowledge that you are responsible for any User Content you submit or contribute through any channel or method and your use of any Interactive Areas of the Site, and you, not Jessie & Laurent, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you represent and warrant that: (1) you own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content does not infringe on any patent trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (2) you shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that is found by Jessie & Laurent in its sole capacity to be false, misleading, untruthful, inaccurate, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Jessie & Laurent in our sole discretion, and (3) all of your User Content does and will comply with this Agreement.
Except where prohibited by applicable law, Jessie & Laurent may pull content from our Users who share photos, reviews, videos on social media using our brand name, brand hashtags, including without limitation, #Jessie&Laurent, [INSERT] (collectively, the “Jessie & Laurent Hashtags”), or tagging Jessie & Laurent using the @[INSERT] account. You acknowledge and agree that by using our brand name, tagging Jessie & Laurent, or using a Jessie & Laurent Hashtag, that it may be used by Jessie & Laurent in our marketing materials, including but not limited to, our emails, our advertisements, and on our Site, and you hereby grant us permission to use and authorize us to use your name or social media handle in association with your User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Jessie & Laurent account or the Services. You represent and warrant that the posting and use of your User Content, including to the extent that your User Content include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
Except where prohibited by applicable law, You acknowledge and agree that by using our brand name, tagging Jessie & Laurent, or using a Jessie & Laurent Hashtag or by uploading any User Content you hereby grant Jessie & Laurent and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copy, upload, store, distribute, perform and publicly display your User Content, in whole or in part and any name, username, likeness, voice, or photograph provided in connection with your User Content without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For sake of clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, You acknowledge and agree that by using our brand name, tagging Jessie & Laurent, or using a Jessie & Laurent Hashtag or by uploading any User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content. You are also agreeing to appoint Jessie & Laurent as your irrevocable attorney-in-fact with respect to the User Content.
Except where prohibited by applicable law, You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively “Feedback”) that you provide us are non-confidential and we will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
Except where prohibited by applicable law, You acknowledge and agree that we 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 this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Jessie & Laurent or our users.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Jessie & Laurent, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the products or any Services, or any information obtained therefor other than as expressly authorized in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Jessie & Laurent of any third-party claims, cooperate with Jessie & Laurent in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Jessie & Laurent. You agree that the provisions in this Section will survive any termination of your Account, the Agreement and/or your access to the Services.

DISCLAIMERS

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF THE CONTENTS OF THE MEALS DELIVERED AS PART OF THE SERVICES. AS SUCH, ALL CONTENTS OF THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Allergen Information. PLEASE NOTE THAT THE NINE MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH, SHELLFISH, AND SESAME ARE STORED, PORTIONED, AND PACKAGED IN JESSIE & LAURENT’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE JESSIE & LAURENT TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEAL MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. JESSIE & LAURENT DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR APP IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT JESSIE & LAURENT IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR DELIVERIES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND OTHER INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER 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, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the products at any time without notice and without obligation or liability to you.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JESSIE & LAURENT, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, MANAGERS, MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL Jessie & Laurent BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM JESSIE & LAURENT, OR FROM EVENTS BEYOND JESSIE & LAURENT’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL JESSIE & LAURENT BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO JESSIE & LAURENT BY YOU DURING THE THIRTY DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION [] SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.

MODIFICATIONS TO THE SITE AND PRODUCTS

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the rates, delivery, or provision of the Services at any time.

DISPUTE RESOLUTION & BINDING ARBITRATION

Our philosophy is to treat all consumers, including our customers, honestly and reasonably. If a concern, complaint, or claim of any kind arises between you and Jessie & Laurent, you and Jessie & Laurent agree to work diligently and in good faith to reach a resolution that is fair and equitable to both sides using the informal settlement process described below. On occasion, despite our respective best efforts, a third party may be necessary to help resolve problems that may arise between you and Jessie & Laurent. YOU AND JESSIE & LAURENT AGREE THAT ALL DISPUTES BETWEEN YOU AND JESSIE & LAURENT THAT ARE NOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. YOU AND JESSIE & LAURENT ALSO AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

All Disputes Covered. You and Jessie & Laurent agree that this agreement covers all concerns, complaints, demands for relief, disputes, and claims of any kind and in the broadest possible sense that may arise between you and Jessie & Laurent (each a “Dispute,” and, collectively, the “Disputes”). Disputes covered by this agreement include, but are not limited to, those arising out of or related in any way to these Terms, including Jessie & Laurent’s privacy policy; the operation and content of the Site; your use of the Site; communications and interactions between you and Jessie & Laurent; promotions by Jessie & Laurent; and all purchases of, requests for, and uses by you of all products and services offered by Jessie & Laurent (including all Services and Supplemental Services). You and Jessie & Laurent further agree that this mutual obligation to arbitrate encompasses Disputes of every kind and description, including, but not limited to, statutory, regulatory, constitutional, and common law Disputes, including, but not limited to, those involving allegations of negligence and intentional wrongdoing (including fraud and misrepresentation) and tax controversies, and irrespective of the source or origin of the law which may govern or give rise to such Disputes and irrespective of whether other parties may be involved in such Disputes.
All Persons and Entities Covered. You and Jessie & Laurent agree that this agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, or on behalf of, you and Jessie & Laurent, or under your or Jessie & Laurent’s direction or control, and all companies affiliated with Jessie & Laurent (including, but not limited to, parents, subsidiaries, and sibling corporations, if any). This arbitration agreement is binding not only on you and Jessie & Laurent, but also your and Jessie & Laurent’s respective heirs, successors, and assigns.
Governing Law. You and Jessie & Laurent agree that all arbitrations between you and Jessie & Laurent under this agreement are governed by the Federal Arbitration Act (“FAA”) and federal law, notwithstanding any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or imposing obligations greater than, or inconsistent with, the FAA. In all other respects, the laws of the State of California shall control to the fullest extent permitted, without giving effect to any principles that provide for the application of the laws of another jurisdiction, but only to the extent that the laws of California are consistent with the FAA. With regard to dispute resolution between you and Jessie & Laurent (including arbitration), if there is a conflict between this provision and any other provision of the Terms regarding governing law, this provision shall control.
The Informal Settlement Process. Before you or Jessie & Laurent can file a claim in arbitration or small claims court, you and Jessie & Laurent are each required first to participate in an informal settlement process for a period of sixty days for the purpose of resolving all Disputes. To initiate the informal settlement process, the claiming party must send to the other party a short, written statement (a “Claim Statement”) providing the claimant’s name and address; explaining the Dispute in sufficient detail for the other party to understand and investigate it; and presenting a proposal for resolving it (including any amount of money being claimed and how that amount was calculated). You agree to send Claim Statements by email to [INSERT] or by certified mail, return receipt requested to Jessie & Laurent, Attn: Legal Department, 1945 Francisco Blvd E, Suite 32, San Rafael, CA 94901. If applicable, Jessie & Laurent agrees to send Claim Statements by email to an email address you have previously provided to Jessie & Laurent or by certified mail, return receipt requested to an address you have previously provided to Jessie & Laurent. You and Jessie & Laurent will then, upon receipt of any Claim Statement, attempt in good faith to resolve each Dispute described in the Claim Statement on an individual basis. If any such Dispute is not resolved within sixty days following the receipt of a Claim Statement, you and Jessie & Laurent thereafter have the right to resolve any such Dispute either in small claims court or by individual arbitration, subject to the requirements described below. Any statutes of limitations applicable to such Disputes shall be suspended for the sixty day period during which you and Jessie & Laurent attempt to resolve such Disputes informally. You and Jessie & Laurent may agree to extend the period for informally resolving such Disputes beyond sixty days, and, if so, any applicable statutes of limitation will be suspended for that additional period as well.
Disputes Not Settled Informally May Only Be Resolved in Small Claims Court or By Individual Arbitration. At the conclusion of the sixty day informal settlement period, Disputes presented in a Claim Statement, but not resolved, may be asserted on an individual basis in either (1) small claims court in: (a) the county or parish where you live, if such a court is available and has jurisdiction to hear the Dispute; or (b) another location you and Jessie & Laurent agree on, but only if the Disputes (and the relief sought) qualify to be brought in that court; or (2) binding individual arbitration as provided for in this agreement, below.
ARBITRATION RULES AND REQUIREMENTS: While there is no judge or jury in an arbitration, the arbitrator has the power to hear and resolve all claims and to award all the relief that a court can award to an individual litigant, and must interpret and apply this agreement as a court would. Court review of an arbitration decision is limited. To the extent that any cause of action or claim for relief cannot for any reason be addressed in arbitration, you and Jessie & Laurent agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. In the event you and Jessie & Laurent disagree on whether a Dispute must be arbitrated or disagree concerning the scope of the arbitrator’s powers, the arbitrator shall have, but only to the extent permitted by law, the sole authority to address all such disagreements, including, but not limited to, arguments concerning or related to the formation, legality, interpretation, and enforceability of this agreement, the scope of the arbitration agreement, the applicability of this agreement to you and Jessie & Laurent, and the arbitrability of any Dispute arising between you and Jessie & Laurent. Any court of competent jurisdiction will have the authority to enforce these arbitration requirements (including those related to Mass Arbitration set forth below) and, if necessary, enjoin the filing or prosecution of any arbitrations and the assessment of fees by the American Arbitration Association (“AAA”) or any other organization, arbitrator, or mediator in a manner inconsistent with this agreement.
General Arbitration Rules. The arbitration process and dispute resolution process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (which is defined below). In the case of a Mass Arbitration, if there is a conflict between these General Arbitration Rules and the rules described below pertaining to Mass Arbitration, the Mass Arbitration Rules will control. Otherwise, these rules (the “General Arbitration Rules”) shall, alone, control. All arbitrations shall be before a single arbitrator. Arbitrations involving consumer Disputes shall be governed by this agreement and the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All other arbitrations shall be governed by this agreement and the then-current AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: https://www.adr.org/commercial. To the extent there is a conflict between this agreement and any applicable AAA rules and protocols, this agreement shall control except to the limited extent necessary to preserve the mutual obligation to arbitrate Disputes on an individual basis. Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys’ fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including affidavits. All other arbitrations will be conducted, at your election, either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and Jessie & Laurent agree otherwise. Any personal appearances agreed to by you and Jessie & Laurent must be at a location convenient to you. Judgment on an arbitrator’s award may be entered in any court that has jurisdiction to do so. For individual arbitrations (including bellwether arbitrations only under the Mass Arbitration Rules, below), the AAA shall be the arbitration administrator. To begin an arbitration proceeding, the party initiating the arbitration must send a letter requesting arbitration and describing the Dispute(s) to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or by filing such a request online through the AAA’s website: https://www.adr.org/Support. For requests for arbitration initiated against Jessie & Laurent, a copy of the arbitration request shall also be sent to Jessie & Laurent by email to [] or by certified mail, return receipt requested to Jessie & Laurent, Attn: Legal Department, 1945 Francisco Blvd E, Suite 32, San Rafael, CA 94901. If the AAA is, for any reason, unavailable, unable, or unwilling to administer any arbitration which it is required to administer under these rules, you and Jessie & Laurent shall negotiate in good faith on the substitution of another organization or individual to handle the arbitration in a manner that is consistent with the requirements of our agreement. If such an alternative cannot be agreed upon, you or Jessie & Laurent may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration in a manner consistent with the requirements of this agreement.
Mass Arbitration Rules. If and only if twenty-five or more consumers (each a “Mass Arbitration claimant”) or their lawyers file, threaten to file, or indicate an intention to file demands for arbitration against Jessie & Laurent raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a “Mass Arbitration”), these special rules shall apply (the “Mass Arbitration Rules”). In the case of a Mass Arbitration, to the extent there is a conflict between these Mass Arbitration Rules and any other provisions of the Terms, these Mass Arbitration Rules will control. These Mass Arbitration Rules shall not apply to you unless you qualify as a Mass Arbitration claimant. Each Mass Arbitration claimant must complete the informal settlement process before that Mass Arbitration claimant can proceed to arbitration. Counsel for claimants and Jessie & Laurent shall agree to the submission of a single Claim Statement for all Mass Arbitration claimants, but only if that Claim Statement identifies all Mass Arbitration claimants by name and mailing address. Once the sixty day informal settlement process has ended for all Mass Arbitration claimants, the Mass Arbitration claimants must then follow the “bellwether procedure” described below in which a group of ten selected claimants proceed to arbitration (each a “bellwether arbitration”), followed by a mandatory mediation process through which the Disputes of Mass Arbitration claimants may be settled. Any statutes of limitations applicable to Disputes in a Mass Arbitration shall be stayed until the informal settlement process has been completed for all Mass Arbitration claimants. Counsel for the Mass Arbitration claimants and Jessie & Laurent’s counsel shall each select five claimants for bellwether arbitrations (ten in total) to be each promptly decided individually as a bellwether arbitration conducted pursuant to the General Arbitration Rules, with each case assigned to a separate arbitrator. Jessie & Laurent reserves the right, at its sole discretion, to permit counsel for claimants to select all ten bellwether cases. Each bellwether arbitration shall be completed within one-hundred-twenty days from the date by which all ten Mass Arbitration claimants have been selected for bellwether arbitrations unless the parties agree to a different deadline. In the meantime, no other demands for arbitration may be filed, processed, or in any way deemed filed by the arbitration administrator or arbitrator, but instead shall be stayed until the ten bellwether arbitrations and the subsequent mediation process required by the Mass Arbitration Rules (and described below) has ended. No fees or arbitrator compensation shall be assessed regarding such stayed cases while the bellwether arbitrations are arbitrated and until the mediation required by the Mass Arbitration Rules is concluded. For such stayed Disputes, all applicable statutes of limitation shall be stayed until the mediation process required by these Mass Arbitration Rules has ended. Upon the resolution of the ten bellwether cases, counsel for Jessie & Laurent and counsel for the Mass Arbitration claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of sixty (60) days in a good faith effort to resolve all the Disputes of the Mass Arbitration claimants. This mediation shall be conducted by the AAA under the then-current Mediation Procedures of the AAA. https://www.adr.org/sites/default/files/Mediation%20Procedures%20of%20the%20American%20Arbitration%20Association%20Oct%2001%2C%202009.pdf. If, prior to or during the mediation required by these Mass Arbitration Rules, Jessie & Laurent presents a written settlement offer seeking to resolve the claims of some or all Mass Arbitration claimants, counsel for those claimants shall, to the extent allowed by law, present that written settlement offer to each Mass Arbitration claimant to which it is directed. If the bellwether arbitrations and the subsequent mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, then, after the conclusion of the bellwether arbitrations and mediation, those Mass Arbitration claimants whose Disputes have not been resolved may each pursue those Disputes on an individual basis with FairClaims, Inc. (“FairClaims”) only (and not with AAA or any other arbitration or organization or arbitrator), https://www.fairclaims.com, to be arbitrated not under the General Arbitration Rules above (which shall be inapplicable), but under FairClaims’s then-current Small Claims Rules & Procedures, https://s3.amazonaws.com/arbi-website/fairclaims-rules/FairClaims-Small-Claims-Rules.pdf. You and Jessie & Laurent agree to split FairClaims’ fees equally, while reserving the right to ask the arbitrator to allocate the fees differently, which the arbitrator may do to the extent permitted by applicable law or if fairness so requires. Any arbitrations initiated by Mass Arbitration claimants and pending at the conclusion of mediation with arbitration organizations or arbitrators other than FairClaims shall promptly be dismissed without prejudice. To the extent that any cause of action or claim for relief cannot for any reason be addressed by FairClaims under its Small Claims Rules & Procedures, you and Jessie & Laurent agree that any court proceedings involving Mass Arbitration claimants and Jessie & Laurent concerning their Disputes shall be stayed pending the final resolution in arbitration with FairClaims of all arbitrable causes of action and claims for relief. If the AAA is, for any reason unavailable, unwilling, or unable to handle the bellwether arbitrations and mediation called for by these Mass Arbitration Rules, Jessie & Laurent and counsel for claimants shall negotiate in good faith for the substitution of another organization or individual to carry out these functions in a manner that is cost effective to both parties and proceeds in accordance with the requirements of these Mass Arbitration Rules. If such an agreement cannot be reached for any reason, Jessie & Laurent or counsel for claimants may petition a court of competent jurisdiction to appoint an organization or individual to conduct the bellwether arbitrations and mediation consistent with the requirements of these Mass Arbitration Rules. In the event that the Mass Arbitration Rules are determined to be unenforceable for any reason in a decision of any arbitrator or court as to which further review is foreclosed and all motions, appeals, and petitions for review have been resolved fully (a “Final Determination”), then you and Jessie & Laurent agree that all unresolved Disputes between Mass Arbitration claimants and Jessie & Laurent must be filed in and resolved by a court of competent jurisdiction only (including on a class action basis if the Dispute so qualifies), and shall not be filed in, pursued further, or resolved through arbitration or otherwise be subject to any contractual obligation to arbitrate. To the extent that any arbitrations filed by or on behalf of Mass Arbitration claimants remain pending upon the event of a Final Determination, they shall immediately be dismissed without prejudice. A finding that these Mass Arbitration Rules are unenforceable for any reason, including any Final Determination, shall have no effect on the validity or enforceability of any other provisions of these Terms, including, but not limited to, the General Arbitration Rules and all provisions of this agreement applicable to Disputes which do not involve Mass Arbitration claimants.
No Class Actions. Except as expressly provided for in the Mass Arbitration Rules in the event of a Final Determination, you and Jessie & Laurent agree that all Disputes must be resolved on an individual basis only. This means that in such circumstances: (a) neither you nor Jessie & Laurent can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple claimant’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only decide the Disputes of that claimant, not other claimants. Nothing in this agreement, including this section, is intended to limit the relief available to either you as an individual or Jessie & Laurent in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Nor does anything in this section limits your or Jessie & Laurent’s rights to resolve a Dispute by mutual agreement through a class-wide settlement of claims whether through mediation or otherwise.
Fees and Costs. You and Jessie & Laurent will each bear their own costs and attorneys’ fees in the event of a Dispute, provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that an arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such Disputes.
Rules of Construction. The requirements of the Terms related to dispute resolution shall be interpreted, to the maximum extent permitted by law, to facilitate the resolution of all Disputes in arbitration in a way that is cost-effective to all parties.
Severability. If for any reason any provision of the Terms related to dispute resolution shall be held to be unenforceable, the remaining provisions of the Terms shall remain in effect to the maximum extent permitted by law in a manner that facilitates resolution of Disputes in arbitration in a way that is cost effective to all parties. To the extent that any provision of the Terms is found to be inconsistent with rights, duties, and requirements of the arbitration agreement, or where the application of such a provision would change or render unenforceable any provision of the arbitration agreement, such provision shall be null, void, and of no effect for purposes of dispute resolution and the dispute resolution provisions shall control.
Survival. All provisions of the Terms relating to dispute resolution shall survive the termination, cancellation, or expiration of the Terms or of your customer relationship with Jessie & Laurent.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: a[], within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Jessie & Laurent username (if any), the email address you used to set up your Jessie & Laurent account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

GOVERNING LAW AND VENUE

THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.

TERM, TERMINATION AND SURVIVAL

Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with the Agreement.
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Services or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Services, unless earlier terminated in accordance with the Agreement.
Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance to the terms set forth in Sections [] and 1[] hereunder. Except as set forth above, the Service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if Jessie & Laurent is required to do so by law (e.g., where the provision of the Site or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Jessie & Laurent’s sole discretion and that Jessie & Laurent shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Jessie & Laurent will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Offering or Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Subsequent Registration. If your registration(s) with or ability to access the Service is discontinued by Jessie & Laurent due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Jessie & Laurent reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

SEVERABILITY AND WAIVER

If any of this Agreement are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Jessie & Laurent of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under this Agreement does not constitute a waiver of such right or provision.

MISCELLANEOUS

This Agreement and any document expressly referred to herein constitute the whole agreement between you and Jessie & Laurent, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Jessie & Laurent. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.

CONSUMER COMPLAINTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

ELECTRONIC COMMUNICATIONS

The communications between you and use electronic means, whether you visit Services or send Jessie & Laurent emails, or whether Jessie & Laurent posts notices on Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Jessie & Laurent in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Jessie & Laurent provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.

EXPORT CONTROL

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

NOTICE

Where Jessie & Laurent requires that you provide an email address, you are responsible for providing Jessie & Laurent with your most current email address. If the last e-mail address you provided to Jessie & Laurent is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Jessie & Laurent ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Jessie & Laurent at the following address: Jessie & Laurent Legal, 1945 Francisco Blvd E, Suite 32, San Rafael, CA 94901. Such notice shall be deemed given when received by Jessie & Laurent by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

SWEEPSTAKES

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN A SWEEPSTAKES. A PURCHASE OF A JESSIE & LAURENT SUBSCRIPTION WILL AUTOMATICALLY ENTER YOU INTO OUR SWEEPSTAKES, HOWEVER, A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. CHANCES OF WINNING A SWEEPSTAKES WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. BY PARTICIPATING IN A SWEEPSTAKES, YOU AGREE TO THE APPLICABLE OFFICIAL RULES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. OR OLDER. VOID WHERE PROHIBITED BY LAW.

TERMS & CONDITIONS – Jessie & Laurent CASH FUNDS

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OTHER LANGUAGE – NEED TO CALIBRATE

8. Intellectual Property

All content included on the Site and provided as part of the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, recipes, branding, and software, is the property of Jessie & Laurent or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.2 The compilation of all content on this Site is the exclusive property of Jessie & Laurent.

You are granted a limited license to access and make personal, non-commercial use of the Site and Services. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Jessie & Laurent. 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 Jessie & Laurent without express written consent. Any unauthorized use terminates the permission or license granted by Jessie & Laurent.28 Jessie & Laurent reserves the right to seek all remedies available at law and in equity for violations of these rights, including seeking injunctive relief in court for infringement of its intellectual property rights.9

9. User Conduct

You agree not to use the Site or Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or Services. You agree not to:

Transmit any material that is illegal, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
Transmit any worms, viruses, or any code of a destructive nature.
Engage in scraping, data mining, harvesting, screen scraping, data aggregating, or indexing.
Resell, sublicense, transfer, assign, or distribute the Services, its contents, or any rights granted to you herein.9
Violate any applicable local, state, national, or international law.

Violation of these rules may result in termination of your access to the Services and potential legal action.28 The prohibition on resale is particularly important for maintaining control over product quality and distribution.9

10. Disclaimers of Warranties

THE SITE, SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES ARE PROVIDED BY JESSIE & LAURENT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.9 JESSIE & LAURENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, JESSIE & LAURENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.9 JESSIE & LAURENT DOES NOT WARRANT THAT THE SITE OR SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES, JESSIE & LAURENT'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM JESSIE & LAURENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME 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.

These disclaimers are standard legal provisions intended to limit potential liability arising from the inherent uncertainties associated with online services and food products.28 Their enforceability is subject to California consumer protection laws.

11. Limitation of Liability

TO THE FULL EXTENT PERMISSIBLE BY LAW, JESSIE & LAURENT (INCLUDING ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.9

UNDER NO CIRCUMSTANCES SHALL JESSIE & LAURENT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO JESSIE & LAURENT FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.9

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JESSIE & LAURENT AND YOU.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW.9

This clause aims to manage risk by limiting exposure to large, unpredictable damage claims, particularly consequential damages.2 The monetary cap tied to the specific order value provides a defined limit on direct damages.9 The enforceability of such limitations in California depends on factors like clarity, conspicuousness, and whether they conflict with specific consumer protection statutes or public policy. The explicit carve-out for gross negligence and willful misconduct is a common and often legally necessary qualifier.9

12. Indemnification

You agree to indemnify, defend, and hold harmless Jessie & Laurent, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Services using your account, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. This clause shifts financial responsibility to the user for harm caused by their actions or breaches, protecting the Company from related costs and legal actions.30

13. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws.9 The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.

Mandatory Binding Arbitration: YOU AND JESSIE & LAURENT AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE SITE OR SERVICES (COLLECTIVELY, "DISPUTES") WILL BE RESOLVED SOLELY BY BINDING, INDIVIDUAL ARBITRATION AND NOT IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. You and Jessie & Laurent agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Jessie & Laurent are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Arbitration Provider and Rules: The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”) then in effect 9, except as modified by this "Dispute Resolution" section. The JAMS Rules are available at www.jamsadr.com or by calling JAMS at 1-800-352-5267. For claims involving consumers, the arbitration will also adhere to the JAMS Consumer Arbitration Minimum Standards, provided that this arbitration provision shall control if it conflicts with the JAMS Rules or Minimum Standards.

Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules. The arbitration will be conducted by a single neutral arbitrator selected in accordance with the JAMS Rules. The arbitration will take place in Oakland, California 9, unless you and Jessie & Laurent agree otherwise. The parties agree to maintain the confidentiality of the arbitration proceeding and the award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.31 Discovery will be permitted in accordance with the JAMS Rules, ensuring a fair process.31

Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. We will pay for all filing, administration, and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we will pay all of our attorneys' fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law. Ensuring the Company bears the primary cost of consumer arbitration is crucial for avoiding findings of substantive unconscionability.30

Class Action Waiver: YOU AND JESSIE & LAURENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. This waiver is a critical component for managing litigation risk.30

PAGA Waiver: To the extent permitted by applicable law, you and Jessie & Laurent agree that any claim by you under the California Private Attorneys General Act of 2004 (PAGA) that is eligible for arbitration under this agreement (i.e., claims seeking recovery for alleged Labor Code violations suffered by you individually) shall be resolved in individual arbitration and not in court. You and Jessie & Laurent further agree that any PAGA claim seeking recovery for alleged Labor Code violations suffered by other individuals ("representative PAGA claims") is not arbitrable under this agreement and must be pursued in court. Consistent with the rulings in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc., you and Jessie & Laurent agree that if you bring representative PAGA claims in court, those claims shall be stayed pending the outcome of the arbitration of your individual claims, including the determination of whether you are an "aggrieved employee" under PAGA.31 This waiver is drafted specifically to address the nuances of California law regarding PAGA claims and arbitration, aiming for maximum enforceability by distinguishing between individual and representative claims.37 A blanket waiver of all PAGA claims is unenforceable.38

Severability: If an arbitrator or court of competent jurisdiction decides that any part of this Dispute Resolution section is invalid or unenforceable, the other parts of this Dispute Resolution section shall still apply. Specifically, if the Class Action Waiver is found to be unenforceable, the entirety of this arbitration provision shall be null and void, and the dispute will be resolved in court. If the PAGA waiver related to individual claims is found unenforceable, it shall be severed, and the remaining arbitration provisions (including the Class Action Waiver and the agreement to arbitrate other individual claims) shall remain in effect. If the provision regarding the stay of representative PAGA claims is found unenforceable, it shall be severed, but the agreement to arbitrate individual PAGA claims shall remain.30

Exceptions to Arbitration: Notwithstanding the provisions above, the following types of Disputes may be brought in court: (1) Disputes seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents 9; and (2) Disputes that qualify for initiation in small claims court.

Opt-Out Right: You have the right to opt out of binding arbitration and the class action waiver within 30 days of the date you first accept these Terms by sending written notice of your decision to opt out to [J&L Opt-Out Address/Email]. Your notice must include your name, address, account email, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply.

This detailed dispute resolution section is necessary due to the complex legal landscape surrounding arbitration agreements, class action waivers, and PAGA waivers in California.6 The structure aims to maximize enforceability by incorporating procedural fairness elements (JAMS rules, fee allocation, opt-out) and carefully tailored waiver language based on controlling case law.3

__. Modifications to Terms/Service

In our sole discretion, Jessie & Laurent shall have the right to change, amend, add to, remove, or supplement these Terms (including the Privacy Policy), without notice to you; provided, however, that changes to the procedures applicable to the resolution of disputes shall only apply to disputes which arise after the modified or additional provision is published on the Site. While we will endeavor to provide reasonable notice of material changes, it is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

15. Termination

These Terms are effective unless and until terminated by either you or Jessie & Laurent. You may terminate your account and cease using the Services at any time by contacting customer service or using account management tools if available. Jessie & Laurent may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.29 Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 8), warranty disclaimers (Section 10), indemnity (Section 12), limitations of liability (Section 11), and dispute resolution provisions (Section 13). This ensures that core legal protections and obligations persist beyond the active service relationship.

16. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information in connection with the Site and Services are described in our Privacy Policy, which is available at [Link to Privacy Policy] and incorporated into these Terms. By using the Services, you agree to the collection and use of information in accordance with the Privacy Policy. The Privacy Policy provides important disclosures required under laws such as the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including your rights to know, delete, correct, opt-out of sale/sharing, and limit the use of sensitive personal information.

Terms & Conditions

Weekly Order Minimum