REBEL CHEESE, LLC
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND THEM. THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION / JURY TRIAL PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Our Service
Rebel Cheese provides a Monthly Cheese Club Subscription Service, which provides paid subscribers (“Members”) access to our e-commerce platform, custom purchasing, product advice, and/or analytics, including but not limited to, delivery of our products (premium cheeses).
3. Rebel Cheese and Third Parties
Unless otherwise stated, Products are produced and packaged by Rebel Cheese. In the event that any Products are produced and/or packaged by any third-party provider with whom Rebel Cheese regularly does business (“Partner”), said Products shall be so marked, and Rebel Cheese shall have no liability or responsibility to any Member or Partner, including with respect to any disputes arising out of the products provided to a Member from a Partner.
Members shall pay a monthly fee by signing up for an account to use the Service. By signing up as a Member, you represent that you are at least 18 years of age and an authorized user of the credit or debit card you provide. You authorize Rebel Cheese to charge you the applicable monthly fees on your billing date for your Rebel Cheese Service via recurring credit or debit card payments, until such time as you or we cancel your Services membership. You may cancel your membership either by contacting us at email@example.com or You may manage your membership (including, but not limited to, canceling it) using the automated self-service portal established with your account: https://rebelcheese.com/account/login.
In either event, cancellation must be done with no less than thirty (30) days’ advance notice from your next billing date, otherwise You will be responsible for said next billing date beyond notice of cancellation. You agree to advise us of any changes to your card account. Your Member subscription will automatically renew each monthly, at the same fee, unless we notify you of a fee change thirty (30) days in advance. Rebel Cheese reserves the right to increase fees with thirty (30) days’ advance notice to you. If your payment does not process, we may cancel your Member account and/or assess a late charge of the greater of 1.5% of the past-due amount or the highest rate allowed by law, at our discretion. We may refer your account to a collection agency to collect past-due amounts and any costs we incur to collect such charges.
Rebel Cheese reserves the right, in its sole discretion with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue the Service or any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and, (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your transactions. You are solely responsible for any and all transactions utilizing your financial information including, but not limited to, any and all charges. You acknowledge and agree that in the event a third-party payment processor experiences a data breach that affects your financial, Rebel Cheese will in no way be responsible or liable to you for any such breach.
5. Delivery Issues
If Products are delayed in transit due to issues with the courier and are no longer suitable for consumption upon arrival, We will be happy to offer You a replacement Product delivery.
However, We cannot accept liability for Products spoiled due to any of the following:
Your failure to adequately unpack and store the Products after delivery;
Issues caused by You not being present to accept the delivery;
Errors in shipping address made by You;
Deliveries rescheduled by You to outside of the 24-hour shipment window; or,
You choosing to reject a parcel when delivery or redelivery is attempted.
Please note that it is Your responsibility to monitor the tracking of Your delivery and contact either Us or the courier regarding any delivery issues. Should no efforts be made to contact the courier or Rebel Cheese within 24 hours of Products being due for delivery, We cannot be held liable for any spoilage as it will be too late for us to intervene, and Products could already be spoiled.
6. Your Provision of Personal Information to Us
Rebel Cheese reserves the right, to the maximum extent allowed by law, in our sole discretion, to cancel your Member account for any reason or no reason, including without limitation, for violation of this TOS.
8. Licenses and Certification
Rebel Cheese is licensed or certified to provide pre-packaged retail food products in those states that require it.
9. Modification of Terms
Rebel Cheese may modify these Terms of Service, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms of Service to the Services and, if you possess an account, by directly communicating them to you when you log in to the Services; provided, however, that: (i) any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification; and (ii) any modification to the Fees section shall not apply to any charges incurred prior to the applicable modification. By not terminating your account within seven days after receiving a notice of modifications to this TOS as described above or by continuing to use or access the Services after modified TOS are posted to our website, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer(s) made available to you on the Services that augment(s) or otherwise enhance(s) the current features of the Services shall be subject to this TOS.
You agree to defend, indemnify and hold harmless Rebel Cheese and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this TOS, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content of any kind that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
11. Governing Law
Access to this website is governed by all applicable United States federal, state and local laws. You are responsible for compliance with the laws of your jurisdiction and other applicable law. The laws of the State of Texas shall govern any dispute arising out of the use of this website or these Terms of Service. You also agree to submit to the exclusive jurisdiction and venue of Travis County, Texas. In the event of any dispute with Rebel Cheese arising out of or related to these Terms of Service or your use of the Services, you agree to submit such dispute to binding arbitration under the procedure provided herein.
12. Disclaimer of Warranties; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, REBEL CHEESE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Rebel Cheese reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (ii) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (iii) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH THE SERVICES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THESE TERMS OF SERVICE.
14. Dispute Resolution — Arbitration; Class Action Waiver
THE PARTIES HERETO HEREBY AGREE TO RESOLVE ANY DISPUTE, CLAIM, CONTROVERSY, LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH THE SERVICES, THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROCEDURAL RULES FOR COMMERCIAL DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE SITE OF SUCH ARBITRATION SHALL BE HOUSTON, TEXAS. THE NUMBER OF ARBITRATORS SHALL BE THREE (3). EACH PARTY SHALL APPOINT ONE ARBITRATOR AND THE TWO ARBITRATORS APPOINTED BY THE PARTIES SHALL APPOINT THE THIRD ONE. IF THE ARBITRATORS CANNOT AGREE ON WHICH ARBITRATOR TO APPOINT, THEN THE THIRD ONE SHALL BE APPOINTED BY AAA. THE ARBITRATORS SHALL APPLY TEXAS LAW. THE ARBITRATION OF DISPUTES DESCRIBED IN THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND EACH PARTY HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
15. General Terms
These Terms of Service constitute the complete and exclusive agreement between the parties, and supersede any and all other agreements between the parties, oral or written, regarding the subject matter of this TOS. If any provision of this TOS is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, which shall not affect the enforceability of the TOS’s remaining provisions. You may not assign or otherwise transfer this TOS or any of your rights or obligations hereunder without prior written consent from Rebel Cheese. Rebel Cheese may, without your consent or notice, transfer, sell, pledge, encumber or assign this TOS and any rights hereunder. You acknowledge that Rebel Cheese assumes no responsibility under this TOS or otherwise for the condition or suitability of Products provided by any Partner.
Unless otherwise required by law, Member agrees that Rebel Cheese may transmit to you all notices required in this TOS in writing or via email to the address you provide to us. It is your sole responsibility to notify Rebel Cheese and provide updated address information whenever your contact information has changed.
17. Member Communications
Subscribing Members acknowledge and consent to receive communications from Rebel Cheese and on its behalf for all non-marketing purposes, including but not limited to account updates. Such communications may be made by telephone, text message, e-mail, or any other platform.
18. Copyright/Trademark/Patent Notice
All contents are © 2020 Rebel Cheese, LLC. All rights reserved. Rebel Cheese, LLC, www.rebelcheese.com, and all content and other materials, including, without limitation, all logos, designs, text, graphics, pictures, trade dress, information, data, software, sound files, other files and selections and arrangement thereof are the property of Rebel Cheese, LLC, and may be either registered trademarks or trademarks of Rebel Cheese, LLC. Other logos and product and company names mentioned herein may be in the trademarks of their respective owners. One or more patents or patents pending owned by Rebel Cheese, LLC may apply to this website and to the features and services accessible via the website.