Terms of Use

Effective Date: May 2, 2018

Welcome to this website hosted by True Food Kitchen (“Company” or “we”). Company maintains this website for your personal information, education and communication. Your access to and use of this website is subject to the following Terms of Use. Please read these Terms of Use carefully before accessing or using this website, so that you fully understand your rights and responsibilities.

By accessing or using this website, you agree to these Terms of Use. If you do not agree to the following Terms of Use, do not access or use this website, and instead contact us in writing or by telephone as provided at the bottom of these Terms of Use for further information.

Company may modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website. By accessing the website after the changes to the Terms of Use are posted, you agree to the changes.

Site Information
Information displayed on this website may change without notice. We reserve the right to modify the information without any obligation to notify past or current website users. Company makes no representations that the materials on this website are appropriate or available for use in any particular state or other countries outside the United States. When accessing this website you are solely responsible for compliance with the laws of the state or country in which you live.

All offers set forth on this website are void where prohibited, and are subject to the posting of any official rules pertaining to the offers. Some services offered on this website may not be available in certain areas.

Privacy Policy
By accessing and using this website, you agree to the terms of our Privacy Policy (as is included below), which are incorporated into these Terms of Use by this reference.

Intellectual Property Rights
Copyright True Food Kitchen. All rights reserved.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are copyrighted by Company, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Company appear throughout this website. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to Company or any third party is strictly prohibited, and may be prosecuted to the fullest extent of the law.

Use of this Website
You may download and print one (1) copy of this website’s content for your personal and noncommercial use, provided you do not delete or modify any copyright, trademark, or other proprietary notices. You may not otherwise use, copy, modify, distribute, mirror, republish or transmit any of the content or materials of this website without the prior written consent of Company.

No Liability
In no event will Company or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this website or any linked website or to any material, information, data, or services obtained through this website, or otherwise arising out of your use of this website, your inability to use this website or any decision made or action taken by you in reliance of any information, advice or materials provided on this website, whether the damages are based in tort, contract, negligence, strict liability or otherwise, even if Company has been advised of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using this website.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

No Warranty
Company makes commercially reasonable efforts to ensure that all material, information and data on this website is accurate and reliable; however, accuracy cannot be guaranteed. This website is provided by Company on an “AS IS” basis. Company disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether oral or written, obtained by you from Company or in any manner from this website creates any warranty.

Company does not warrant or guarantee 1) the accuracy, completeness, correctness, reliability, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website; (2) the results that may be obtained from the use of this website or the use of material, information or data obtained from this website; (3) that use of this website or any materials on this website will meet any users requirements; (4) that access to the website will be uninterrupted, timely, secure or error-free; or (5) that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system. Company has no responsibility for the timeliness, deletion or mis-delivery of any user communication or for the failure to store any user communication.

You acknowledge and agree (1) that your use of this website and any material, information or data downloaded or otherwise obtained through the use of this website is at your discretion and risk, and (2) that you are solely responsible for any damage to your computer system or for loss of data that results from the download of any material, information or data, and for any other form of damage that may be incurred. None of the parties involved in creating, producing, or delivering this website or its content will be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are those parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

Third-Party Websites
This website may link to, or be linked to, other websites not maintained by or related to Company. All links are provided only as a service to our visitors. Company is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this website. Company has not reviewed all websites to which it links and is not responsible for the content, accuracy, or policies of any such websites. You link to other pages or websites at your own risk, and your use of other websites will be controlled by the terms of use posted on that website. You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "www.truefoodkitchen.com" and extensions of this page; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter that furthers the mission of Company; (4) the link, and use of the link, may not (or have the potential to) damage or dilute the goodwill associated with Company’s names and marks; (5) the link, and use of the link, may not create the false appearance that an entity other than Company is associated with or sponsored by Company; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) Company reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, attorneys’ fees, damages and costs for claims arising from or related to your use of this website, your use of any material, information or data downloaded or otherwise obtained from this website, or your violation of these Terms of Use, including your infringement of any intellectual property or other right of Company or any other person or entity.

Interpretation and Disputes
These Terms of Use are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. Venue is exclusively in Maricopa County, Arizona with respect to any dispute arising under these Terms of Use, unless otherwise agreed by Company in its sole discretion. If there is a dispute, the prevailing party will be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator may modify the provision to the minimum extent necessary to make an invalid provision enforceable and valid. If modification is impossible or impracticable, then the provision will be severed and the remaining terms in these Terms of Use will be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

Entire Agreement
By your access or use of this website, you agree to these Terms of Use. These Terms of Use, together with the Company Privacy Policy, constitute the entire agreement between you and Company with respect to your access and use of this website. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Company. These Terms of Use will inure to the benefit of Company’s successors and assigns.

Electronic Communications
You agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Company may be provided to you electronically, to the extent permissible by law. Please print a copy of all documentation, agreements, notices or other communications for your reference.

Contacting Us
If you have any questions or concerns regarding these Terms of Use, please contact us at:

True Food Kitchen
(info@truefoodkitchen.com)
480.212.0175

4455 East Camelback Road, Suite A-115, Phoenix AZ 85018


Privacy Policy

Effective Date: October 3rd, 2017

True Food Kitchen takes seriously the confidentiality of your personal information. The following Privacy Policy sets forth our information gathering and dissemination practices for this website. BY ACCESSING OR USING THIS WEBSITE, YOU HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT ACCESS THIS WEBSITE.

Amendments
We may modify or amend this Privacy Policy at any time, which changes will be effective immediately upon their posting on this website. Material changes will be posted conspicuously on this website. Users will be notified of any updates via email.

Non-US Users
TRUE FOOD KITCHEN IS AN ARIZONA LIMITED LIABILITY COMPANY AND THE PRODUCTS AND SERVICES ARE PROVIDED BY TRUE FOOD KITCHEN ARE BASED IN THE UNITED STATES. THE PERSONAL INFORMATION THAT YOU PROVIDE WILL BE TRANSFERRED TO AND MAINTAINED IN TRUE FOOD KITCHEN’S RECORDS IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THIS PRIVACY POLICY OR OTHERWISE USE THE WEBSITE..

Ownership
True Food Kitchen maintains full rights to any information collected on this website, and may freely collect, use and disclose such information unless prohibited by this Privacy Policy or applicable law. In the event of a change in control, reorganization, merger or sale by Fox of assets, any information owned by or in the control of Fox may be transferred to such True Food Kitchen successor, who will comply with the terms of this Privacy Policy.

Personally Identifiable Information – what we collect and how we use it and share it
You may visit this website without disclosing any personally identifiable information. The only times we will collect personally identifiable information from you are if you request to receive our email newsletter, sign up for a loyalty program (True Insider), you make an online purchase, or you request to receive more information from us.

True Food Kitchen may collect any content, record, or electronic communication of any kind that you provide to us, whether in the course of placing an order or otherwise requesting information. This information may include your (1) contact information (name, telephone number, physical address, email address), (2) shipping information, (3) payment information, and (4) other personal information required so that we may provide you with the information or services that you request. You may choose to submit additional information, which we will collect if you choose to provide it.

We may use this information so that we may communicate with you with respect to your request and to send you the information and materials you request.

You may also request to receive additional communications from True Food Kitchen for marketing and other purposes communicated to you. If you choose to request such communications, we will use your personally identifiable information for the purpose indicated. If you choose to opt-out of any such communications, you may do so at any time and without penalty by clicking on the “opt-out” link at the bottom of any email you receive from us.

We do not sell, rent or loan any of your personally identifiable information to any third party. However, we may use and share information with those persons and third-party vendors specifically involved in the processing of your payment or your request to receive information or services from True Food Kitchen. These entities consist of our payment processor, Authorize.net, and email marketing company, MyEmma, as well as our hosting providers and other information technology service providers.

In addition, True Food Kitchen reserves the right to use and share your information in the event True Food Kitchen believes doing so is necessary to operate this website or where such disclosure may be required by law, or to protect True Food Kitchen’s right or the rights of others.

Non-Personally Identifiable Information – what we collect and how we use it and share it
When you browse our website, you are able to do so anonymously. However, we may passively collect anonymous information when you are on our website.

Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc., to collect information about your use of the Site, which your web browser automatically sends to Google. This information includes the URLs of the web sites that you visit and your IP address. Google may also set cookies or read preexisting cookies. This information is stored on Google’s servers. Google uses this information to provide us with reports about website traffic and your visits to the website (for example, the domain from which you access the Internet, the web address of the web site from which you linked to the Site, and the date and time of your visit to the web sites that you view and click through). We will use this data to improve the website’s structure and content. Google may use this data in accordance with its Privacy Policy, which is located at http://www.google.com/policies/privacy. For more information on how Google uses your data, visit http://www.google.com/policies/privacy/partners. You may opt out of our use of Google Analytics by visiting the Google Analytics opt-out web site at http://tools.google.com/dlpage/gaoptout and installing the Google Analytics Opt-Out Browser Add-On. Please remember that you will need to opt out for each browser you use.

Cookies
True Food Kitchen may use cookies to track the use of our website and to facilitate and enhance your experience on our website. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies enable us to facilitate access to different aspects of our website. For example, by showing when and how you and others visit our website, cookies help us to see which pages of the website are popular and which are not. Cookies can also help us to improve your enjoyment of this website, for example, by remembering your address or other personal information when you request information or services on the website. These may also be used for remarketing purposes, such as to serve up banner ads to you as you use the Internet, as further set forth below.

Most web browsers automatically accept cookies, but you can disable this function so that your browser will not accept cookies. Please be aware that disabling this function may impact your use and enjoyment of this website.

Please note that if you clear your cookies after your visit, such as to discontinue receiving or viewing our banner ads as you use the Internet, our website will place a new cookie on your browser if you revisit our website at a later date.

Web Beacons
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, which are used to track the online movements of web users or to access cookies. Unlike cookies, which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in e-mail) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. These web beacons may belong to us or our third party marketing and analytics vendors and service providers.

IP Addresses
True Food Kitchen logs IP addresses for systems administration purposes. IP addresses are not used to track a user’s session. This information only helps us determine how often different areas of our site are visited. We do not link IP address to any information that is personally identifiable.

Aggregated Information
In addition, we may take personally identifiable information you provide to us and aggregate it with information of other users and customers such that the data no longer identifies you. We may use aggregated information that does not uniquely identify you when it enables us to improve and enrich our services and website content.

Third Party Ad Networks and Exchanges
True Food Kitchen may have relationships with third party service providers known as Ad Networks and Exchanges to serve ads on our behalf across the Internet. Using Cookies and Pixel Tags (also known as Web Beacons), Ad Networks and Exchanges collect anonymous information about your visits to our web site and other web sites in order to deliver advertisements that may be of particular interest to you. This process does not involve the collection of any personally identifiable information. The Ad Networks and Exchanges do not know your name, phone number, address, email address or any personally identifiable information We do not share any personally identifiable information about you with these advertising networks. To find out more about how the networks manage the privacy of information in conjunction with delivering ads online and how to opt-out of information collection by these networks please go to: http://www.youradchoices.comor http://www.networkadvertising.org. We do not operate or control these sites, and are not responsible for the opt-out choices available there.

Credit Card Information
We do not process credit card information for payment for any products or services you may order from this website. True Food Kitchen contracts with a third party service provider that complies with the payment card industry data security standards (PCI DSS) to collect and process your credit card information. We do not store or maintain any credit card information.

Access by Children
This website is not directed toward children under 13 years of age and True Food Kitchen does not knowingly collect or use information from children under 13 through this website.

Security
We limit access to personally identifiable information about you to our employees and third-party service providers who we reasonably believe need to have access to your information to provide you with the information or services you request from True Food Kitchen.

This website has security measures in place to help protect against the loss, misuse and alteration of the information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, True Food Kitchen uses industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences. In certain areas, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our website to ensure confidentiality. In the event that a breach into our security systems occurs and there is a possibility that an unauthorized person acquires your personal information, True Food Kitchen will notify you of such a breach to the extent required under applicable law.

Access to Your Personal Information
You may request that we update your personal information or correct any factual errors that you believe may exist regarding this information by updating your profile on True Insider.

Third-Party Websites
This website may link to, or be linked to, other websites not maintained by or related to True Food Kitchen. True Food Kitchen is not responsible for the privacy policies or practices of any third parties or third-party websites, including any linked or linking websites. To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of personal information that you disclose to them. We encourage you to review the privacy policies of such websites before disclosing your personal information to them.

Do Not Track
We will automatically collect cookies and other non-personally identifying information when you visit this site. Due to this automatic collection, we currently do not have the technical capability to honor do not track requests and therefore cannot honor them at this time.

Contacting Us
If you have any questions or concerns regarding this Privacy Policy, please contact us at info@truefoodkitchen.com or 480.212.0175.