Terms of Service

Last Revised on March
7, 2024

Welcome to the Terms of Service (these “Terms”) for the websites, (individually, the “Website”), and the related mobile applications individually, the “App”) operated on behalf of Willow Laboratories, Inc. and its subsidiaries and affiliates (“Company”, “we” or “us”). 
The Website and any products, services, documentation, content, tools, features and functionality offered on or through our Website and the App, such as our meal delivery service are collectively referred to as the “Services”. These Terms govern your access to and use of any of the Services.  Additional terms and conditions listed on our
Terms & Conditions page located at https://nutufood.com/pages/terms-of-service or that are otherwise made
available to you by us may apply to specific Services (“Service Specific
Terms
”). If you use those specific Services, then those Service Specific
Terms may apply and references to “Terms” herein will be deemed to mean these
Terms of Service and those additional Service Specific Terms. For example, if
you purchase or use our meal delivery service, you agree that our Meal Delivery
Terms of Service Addenda located at https://nutufood.com/pages/terms-of-service will apply. If any of the
applicable additional Service Specific Terms conflict with these Terms, the
additional Service Specific Terms will supersede and apply in place of the
conflicting parts of these Terms but only while you are using the Services to
which those additional Service Specific Terms apply.

Please
read these Terms carefully, as they include important information about your
legal rights. By accessing and/or using the Services, you are agreeing to these
Terms. If you do not understand or agree to these Terms, please do not use the
Services.

For
purposes of these Terms, “you” and “your” means you as the user of the
Services. If you use the Services on behalf of a company or other entity then
“you” includes you and that entity, and you represent and warrant that (a) you
are an authorized representative of the entity with the authority to bind the
entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

TABLE OF CONTENTS

1.             
Who May Use the Services

You must
be 13 years of age or older to use the Services. By using the Services, you represent and warrant that you meet
these requirements.

3.             
ORDERS foR PRODUCTS AND/OR SERVICES

3.1          
Payment. The Services may permit you to
purchase certain other physical or digital products or services, including products
or services of third parties that are offered through the Services (“Offerings”).  You acknowledge and agree that all
information you provide with regards to a purchase of Offerings, including,
without limitation, credit card, PayPal, or other payment information, is
accurate, current and complete. You represent and warrant that you have the
legal right to use the payment method you provide to us or our payment
processor, including, without limitation, any credit card you provide when
completing a transaction. We reserve the right, with or without prior notice
and in our sole and complete discretion, to (a) discontinue, modify, or limit
the available quantity of, any Offerings, and (b) refuse to allow any user to
purchase any Offering or deliver such Offerings to a user or a user designated
address. When you purchase Offerings, you (a) agree to pay the price for such
Offerings as set forth in the applicable Service, and all shipping and handling
charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b)
authorize us to charge your credit card or other payment method for the Full
Purchase Amount. The Services may allow you to purchase Offerings and designate
them to be delivered or provided at a future date. In such instance, you
acknowledge and agree that we may charge your credit card or other payment
method for the Full Purchase Amount on the date of purchase, rather than on the
ultimate date of delivery or provision of the applicable Offering. Unless otherwise
noted, all currency references are in U.S. Dollars. All fees and charges are
payable in accordance with payment terms in effect at the time the fee or the
charge becomes payable. Payment can be made by credit card, debit card, or
through PayPal or other means that we may make available. Orders will not be
processed until payment has been received in full, and any holds on your
account by PayPal or any other payment processor are solely your
responsibility.

3.2          
Promotional Codes
We may offer certain promotional codes, referral codes, discount codes,
coupon codes or similar offers (“Promotional
Codes
”) that may be redeemed for discounts on future Offerings, or other
features or benefits related to the Services, subject to any additional terms
that the Company establishes. You agree that Promotional Codes: (a) must be
used in a lawful manner; (b) must be used for the intended audience and
purpose; (c) may not be duplicated, sold or transferred in any manner, or made
available by you to the general public (whether posted to a public forum,
coupon collecting service, or otherwise), unless expressly permitted by the
Company; (d) may be disabled or have additional conditions applied to them by
the Company at any time for any reason without liability to the Company; (e)
may only be used pursuant to the specific terms that the Company establishes
for such Promotional Code; (f) are not valid for cash or other credits or
points; and (g) may expire prior to your use.

3.3          
Changes and Pricing. The Company may, at any time, revise or
change the pricing, promotions, offers, shipping charges, transit times, availability,
specifications, content, descriptions or features of any Offerings. While we
attempt to be as accurate as we can in our descriptions for the Offerings, we
do not warrant that Offering descriptions are accurate, complete, reliable,
current, or error-free. If an Offering itself is not as described on the
Services, your sole remedy is to return it (for physical products, in unused
condition). The inclusion of any Offerings for purchase through the Services at
a particular time does not imply or warrant that the Offerings will be
available at any other time. We reserve the right to change prices for
Offerings displayed on the Services at any time, and to correct pricing errors
that may inadvertently occur (and to cancel any orders in our sole discretion
that were purchased with pricing errors). All such changes shall be effective
immediately upon posting of such new Offering prices to the Services and/or
upon making the customer aware of the pricing error.

If you believe that any text, graphics,
photos, audio, videos or other materials or works uploaded, downloaded or
appearing on the Services have been copied in a way that constitutes copyright
infringement, you may submit a notification to our copyright agent in
accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following
information in writing:

Notices of copyright infringement claims
should be sent by mail to: Willow Laboratories, Inc., Attn: Legal
Department, 15750 Alton Parkway, Irvine, CA 92618; or by e-mail to legal@w-labs.com.  It is our policy, in appropriate
circumstances and at our discretion, to disable or terminate the accounts of
users who repeatedly infringe copyrights or intellectual property rights of
others.

A user of the Services who has uploaded or
posted materials identified as infringing as described above may supply a
counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When
we receive a counter-notification, we may reinstate the posts or material in
question, in our sole discretion. To file a counter-notification
with us, you must provide a written communication (by fax or regular mail or by
email) that sets forth all of the items required by sections 512(g)(2) and (3)
of the DMCA. Please note that you will be liable for damages if you materially
misrepresent that content or an activity is not infringing the copyrights of
others.

9.             
ARBITRATION AND CLASS ACTION WAIVER

Fees
and costs may be awarded as provided pursuant to applicable law. If the
arbitrator finds that either the substance of your claim or the relief sought
in the demand is frivolous or brought for an improper purpose (as measured by
the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment
of all fees will be governed by the JAMS rules. In that case, you agree to
reimburse the Company for all monies previously disbursed by it that are
otherwise your obligation to pay under the applicable rules. If you prevail in
the arbitration and are awarded an amount that is less than the last written
settlement amount offered by the Company before the arbitrator was appointed,
the Company will pay you the amount it offered in settlement.  The arbitrator may make rulings and resolve
disputes as to the payment and reimbursement of fees or expenses at any time
during the proceeding and upon request from either party made within 14 days of
the arbitrator’s ruling on the merits.

IF THIS CLASS ACTION WAIVER IS LIMITED,
VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE
OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH
RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS
A CLASS ACTION.  IF A COURT DECIDES THAT
THE LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR UNENFORCEABLE, ANY
PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE
ACTION MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN
ARBITRATION.

 

Terms of Service

terms of service