Your purchase of a lifetime supply of Ample is subject to each of the following conditions, which you (“Lifer”) acknowledge by ordering the lifetime supply of Ample.
1. Agreement. In exchange for a one-time payment by Lifer of the “Price” listed on www.amplemeal.com, Ample Foods, Inc. (the Company”) agrees to supply Lifer with a “Lifetime Supply” (as defined below) of “Ample Product” (as defined) on the terms and conditions set forth herein.
2. Defined Terms.
“Lifetime Supply” means until the first to occur of: (i) the death of the Lifer and (ii) the date on which the Company ceases to conduct operations. This agreement is not transferable by the Lifer.
“Ample Product” means: (i) one 30-pack of Ample Meals per month (360 Ample Meals per year) delivered to the Lifer’s primary residence in the United States free of shipping charges; except that (ii) the Lifer may mix and match any variations of Ample sold in the future, whether 400V or 600Vcalorie meals in an equivalent amount as described in (i).
3. Acknowledgement. Lifer acknowledges and agrees that the Company is an early stage start-up company with limited operating experience. A portion of the amounts paid by Lifer hereunder shall initially be used to help fund the Company’s operations. As with any start-up business, there is a risk that the Company could fail to become a commercial success, in which case the Company would need to cease to operate.
4. Delivery Terms.
a. Company shall endeavor to ship Ample Meals on or before the 7th of each calendar month. Notwithstanding the foregoing, if the Company experiences a backorder or other distribution delay, Lifers shall be entitled to preferential treatment and shall be shipped available product prior to non-Lifer customers.
b. At any time, the Lifer may change its primary address. Lifer must provide written notice to the Company of such change no later than the 20th of the preceding month before shipment of Lifer’s next product delivery. If the Lifer moves to a country where Ample does not have distribution infrastructure, the Lifer must pay shipping.
5. Refunds. The Lifer has a limited right to terminate this agreement by providing written notice to the Company, and to seek a partial refund of the Price as follows: if such written notice is received by the Company on or before (i) the six month anniversary of the date hereof, the Company shall refund 70% of the price; (ii) the twelve month anniversary of the date hereof the Company shall refund 40% of the price. After the twelve month anniversary anniversary of the date hereof, the Company shall reimburse 25% of the price.
6. Product Changes.
a. If Ample elects, in its sole discretion, to offer different sizes of product (other than the 30-pack of meals), like a bulk offering, the Lifer may, by providing written notice to the Company, elect an alternative size, in the equivalent of 15,000 calories (30x 500 calorie meals).
b. Ample is constantly evolving its product and as a result, over time, the taste of the product may change. Ample does not warrant that the Lifer will approve of any such changes. Notwithstanding the foregoing, no change to the product, including taste, smell, color or consistency will create a right of the Lifer to terminate this agreement or obtain a refund from the Company, except in the limited cases specifically set forth above.
a. Successors and Assigns. The rights of Lifer set forth herein may not be assigned by Lifer.
b. Governing Law. Any controversy arising out of or relating to Lifer’s purchase shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles that would result in the application of any law other than the law of the State of California.
c. Notices. All notices and other communications given or made pursuant to Lifer’s purchase shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or: (1) personal delivery to the party to be notified, (2) when sent, if sent by electronic mail or facsimile during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day, (3) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid, or (4) one (1) business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt.
d. Dispute Resolution. Lifer and the Company (1) hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located within the geographic boundaries of the United States District Court for the District of Northern California for the purpose of any suit, action or other proceeding arising out of or based upon the terms set forth herein, (2) agree not to commence any suit, action or other proceeding arising out of or based upon the terms set forth herein except in the federal and state courts located within the geographic boundaries of the United States District Court for the District of Northern California, and (3) hereby waive, and agree not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that the subject matter hereof may not be enforced in or by such court. Each party will bear its own costs in respect of any disputes between them. Each of the parties consents to personal jurisdiction for any equitable action sought in the U.S. District Court for the District of Northern California or any court of the State of California having subject matter jurisdiction.