Terms of Service

The following terms and conditions govern all use of the A Healthy Passion website, website application, and mobile application (collectively, “Sites”) and all content, services, and products available at or through the Sites, (taken together, our “Services”). Your agreement is with Equine Wine And Dine, LLC (“EWD”, “we”, “us” or “our”) and our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EWD’s Privacy Policy) and procedures that may be published from time to time by EWD (collectively, the “Agreement”). You agree that we may upgrade or make changes to our Services at any time and solely at our discretion and that these terms will apply to any upgrades or changes.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If you are using our Services on behalf of any person or entity, you represent and warrant that you are authorized to accept the terms and conditions of the Agreement on their behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates any part of the Agreement.

1. Eligibility

Our Services are not directed to children younger than 18, and access and use of our Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are a) 18 years of age or older, b) have not been previously suspended or removed from our Services, c) does not have more than one A Healthy Passion account, and d) have full power and authority to enter into this Agreement. In addition, if you reserve a bottle of wine, beer or spirits with your order you are at least 21 years of age or older and are eligible to purchase alcoholic beverages.

2. Account Registration and Communication Preferences

Use of our Services requires an A Healthy Passion account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You must immediately notify EWD of any unauthorized uses of your account, or any other breaches of security. EWD will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

By creating an A Healthy Passion account you consent to receiving electronic communications including, without limitation, emails, SMS text messages, and in-app notifications. These communications may include notices about your account such as payment authorizations, password changes, order updates, unlocked rewards, new menu or recipe notifications and other transactional information, and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

While we consider SMS text messages an integral part of our Service, and certain features such as Curbside Pickup require it’s use, MESSAGE AND DATA RATES MAY APPLY from your mobile carrier. You may reply to any SMS text message received from EWD or A Healthy Passion with STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to stop receiving notifications via SMS text message. Only single word replies will be recognized.

If you wish to restart SMS text message notifications from EWD you may reply to a previously received SMS text message with START, YES or UNSTOP. Help with start and stop commands can be accessed by replying with HELP or INFO.

More information on how we use SMS text messages can be found at https://ahealthypassion.com/sms-policy

3. Terms of Sale

3.1 Meal Kits

We offer a variety of meal kits each week consisting of fresh produce, meats, seafood and grocery items organized by recipe (each, “Meal Kit”).

3.2 Pricing and Availability

Prices are listed in USD and represent the fees that are payable to EWD for your purchase and applicable taxes, if any, are additional. We reserve the right to adjust prices at any time and at our sole discretion without notice.

We use third party grocery partners to fulfill all of the ingredients for our Meal Kits and are subject to availability. We reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Meal Kits and to substitute all or part of any Meal Kit (including, but not limited to, specific ingredients or entire meals) without prior notice. We strive to provide you with high-quality ingredients, and given the perishable nature of certain ingredients and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at team@ahealthypassion.com.

3.3 Payment
You agree upon placement of your order, EWD may immediately authorize your credit card for payment of any charges incurred with your order including, but not limited by, taxes and other additional charges that may apply. In addition, you agree that you are personally liable for any and all charges incurred under your account. If you have any questions concerning charges incurred under your account please contact us at team@ahealthypassion.com.

4. Copyright Infringement and DMCA Policy.

As EWD asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by A Healthy Passion.com violates your copyright, you are encouraged to notify EWD in accordance with EWD’s Digital Millennium Copyright Act (“DMCA”) Policy. EWD will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. EWD will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of EWD or others. In the case of such termination, EWD will have no obligation to provide a refund of any amounts previously paid to EWD.

5. Intellectual Property.

This Agreement does not transfer from EWD to you any EWD or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with EWD. EWD, A Healthy Passion, ahealthypassion.com, the A Healthy Passion logo, and all other trademarks, service marks, graphics and logos used in connection with A Healthy Passion or our Services, are trademarks or registered trademarks of EWD or EWD’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any EWD or third-party trademarks.

6. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

7. Termination.

EWD may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your A Healthy Passion account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties.

Our Services are provided “as is.” EWD and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EWD nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

9. Limitation of Liability.

In no event will EWD, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to EWD under this agreement during the twelve (12) month period prior to the cause of action. EWD shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the EWD Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

11. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and EWD reserve the right to terminate accounts or access of those in the event of a breach of this condition.

12. Indemnification.

You agree to indemnify and hold harmless EWD, its contractors, its partners, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

13. Translation.

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

14. Miscellaneous.

This Agreement constitutes the entire agreement between EWD and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of EWD, or by the posting by EWD of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the commonwealth of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fayette County, Kentucky. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Lexington, Kentucky, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; EWD may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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