Terms of Use

THE SEASONED CARTE TERMS OF USE

1. Introduction

Effective: July 29th, 2021

This website, www.theseasonedcarte.com, and any related mobile site or application (the "Site") is owned and operated by The Seasoned Carte Inc. d/b/a THE SEASONED CARTE ("THE SEASONED CARTE," "we," "us," and "our"). All users, including those who are less than 18 years of age (a "Minor"), should read our privacy policy (“Privacy Policy”) available on our Site. Our Privacy Policy explains our practices regarding the collection, use, and disclosure of personal information from users.

By selecting "sign in," "create account," or "pay now," or otherwise using the Site or expressly consenting to the Terms of Use, you agree to be bound by all the terms and conditions contained in these Terms of Use, INCLUDING A REQUIREMENT FOR DISPUTE RESOLUTION and the Privacy Policy. Please read these Terms of Use carefully. Please print and retain a copy of these Terms of Use for your records. We may, from time to time, modify the Terms of Use. When we make changes, we will post the revised Terms of Use on the Site. Your use of the Site following any such modification constitutes your agreement to the modified Terms of Use, except as otherwise provided. You should visit this page frequently to learn of any changes to these Terms of Use.

2. Acceptable Use of the Site

You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
  • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software designed to collect data from the Site;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • stalk, harass, or harm another individual;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability, or accessibility of the Site;
  • use any means to scrape or crawl any web pages contained in the Site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

If you engage in the above prohibited conduct or otherwise breach these Terms of Use, THE SEASONED CARTE may, at its sole discretion, send you one or more formal warnings, temporarily suspend your access to the Site or your account, block your access to the Site, permanently prohibit you from accessing the Site, permanently cancel your account and/or commence legal action against you pursuant to the Dispute Resolution and Arbitration Agreement below.

3. Intellectual Property Protection

THE SEASONED CARTE™, CHEF INSPIRED. GLOBALLY CURATED™, are trademarks of Mitsui & Co. (U.S.A.), Inc. or its affiliates. All rights in such names are reserved.

  • Trademark. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress, and designs of all THE SEASONED CARTE or third-party products or services, whether appearing in large print or with the trademark symbol, belong exclusively to THE SEASONED CARTE or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any trademark of THE SEASONED CARTE or any third party.
  • Copyright. Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by THE SEASONED CARTE or its third-party licensors to the full extent provided under the U.S. Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of THE SEASONED CARTE or any third party.

The Site and the information contained on it are for your personal, noncommercial use only. Except as otherwise specifically permitted in these Terms of Use, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without the express written consent of THE SEASONED CARTE or its lawful successors and assigns.

4. User Profile Information and Communications

When you set up a user profile, THE SEASONED CARTE will require you to provide a password, username, and other information such as your name and email address. You agree and represent that all of the information you provide is accurate and up to date. You are solely responsible for keeping your login information current and confidential. You may not transfer, sell, or assign or sublicense your user profile to any third party without our prior written approval. You are responsible for and agree to notify THE SEASONED CARTE of any breach of security on your account, including any loss or compromise of your username and password information. THE SEASONED CARTE will not be liable for losses incurred as a result of an unauthorized use of a password or user profile.

When you use our Site, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

Any personal information that you provide to THE SEASONED CARTE will be collected and used as described in our Privacy Policy.

5. User Content The Site may invite you to upload, submit, store, or send content and data ("User Content") such as through product reviews, product photos, before and after photos, or a contest or sweepstakes. You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Site, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works of (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating, promoting, and improving the Site, including on our social media pages, to promote THE SEASONED CARTE, as well as for other purposes that THE SEASONED CARTE may determine in its sole discretion. Our license to your User Content is nonexclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty-free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site.

You promise that you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above, and your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

By submitting User Content, in addition to any other rights that may be granted in any other agreement entered into between you and THE SEASONED CARTE and if you provide such information or content to THE SEASONED CARTE, you irrevocably grant THE SEASONED CARTE and its successors, assigns, and licensees the right to use your name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Site, and hereby release THE SEASONED CARTE from any liability with respect thereto.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site for any reason.

6. Payment

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with THE SEASONED CARTE or any affiliated website, the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other interactions. If you choose to store your credit or debit card information for future use on the Site, we may update your credit or debit card information automatically based on information provided by the issuing bank or card brands.

7. License and Site Access

THE SEASONED CARTE grants you a limited, revocable, nontransferable, and nonexclusive license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of THE SEASONED CARTE. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders, or similar data gathering and extraction tools.

Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, including use by resellers or bulk purchasers, without express written consent of THE SEASONED CARTE. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of THE SEASONED CARTE and its affiliates without the express written consent of THE SEASONED CARTE. You may not use meta tags or any other hidden text using the THE SEASONED CARTE name or trademarks without the express written consent of THE SEASONED CARTE. Any unauthorized use will immediately terminate the permission or license granted by THE SEASONED CARTE.

8. Risk of Loss

All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, THE SEASONED CARTE. Title to products purchased on the Site, as well as the risk of loss for such products, pass to you when THE SEASONED CARTE delivers these items to the carrier. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

9. Product Information and Order Acceptance

THE SEASONED CARTE attempts to be accurate in describing and depicting its products, including the ingredients. We do not warrant that product descriptions, depictions, colors, weight, availability, or other content or information on the Site are complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed on the Site are quoted in U.S. Dollars. IF A PRODUCT OFFERED BY THE SEASONED CARTE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT UNDER THE TERMS OF OUR RETURN POLICY.

Despite our best efforts, it is possible that items in our online catalog may be mispriced and pricing or other errors may occur. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or an offer to sell a product or service. We reserve the right, without prior notice, to correct pricing errors, limit the order quantity on any item, and/or refuse services to any customer in accordance with applicable law. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel the order and notify you of the cancellation.

10. Accessibility

THE SEASONED CARTE is committed to providing the best user experience for everyone, including users with disabilities. We always strive to enhance the accessibility of our Site, guided by the Web Content Accessibility Guidelines 2.1.

Your feedback is welcome. If you have any questions about our accessibility features, please contact us from here.

11. DISPUTE RESOLUTION & ARBITRATION

  • Scope of the Arbitration Agreement. Mindful of the high cost of legal disputes, not only in dollars but in time and energy, both you and THE SEASONED CARTE agree that any legal dispute between you and THE SEASONED CARTE concerning or arising in any way out of a purchase from the Site, any communications between you and THE SEASONED CARTE, or your participation in any other program or service provided by THE SEASONED CARTE shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights. However, either you or THE SEASONED CARTE may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term "dispute" means any dispute, action, claim, or other controversy between you and THE SEASONED CARTE whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
  • Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to THE SEASONED CARTE, Attention: Customer Service, 200 Park Avenue 35F New York, NY 10166-0130, or (2) to you at the billing address on file with THE SEASONED CARTE. Both you and THE SEASONED CARTE agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any arbitration against the other party.
  • Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from THESEASONEDCARTE.com; or (b) sign up for any program or service provided by THE SEASONED CARTE. You may also opt out of this Arbitration Agreement within 30 days after we notify you regarding a material change to this Arbitration Agreement. You may opt out by sending an email to THE SEASONED CARTE by using contact us form here or by sending a letter to THE SEASONED CARTE, Attention: Customer Service, 200 Park Avenue 35F New York, NY 10166-0130. You should include your printed name, mailing address, and the words "Reject Arbitration."
  • How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on AAA's website www.adr.org, or by calling AAA at (800) 778-7879. Unless you and THE SEASONED CARTE agree to conduct arbitration by teleconference, videoconference, or otherwise, any arbitration hearing shall take place in New York, New York. Except for a dispute determined by the arbitrator to be frivolous or initiated in bad faith, THE SEASONED CARTE will pay all filing, administrative, arbitrator, and hearing costs up to a total amount of $1,000 and waives any rights it may have to recover an award of attorneys' fees and expenses against you.
  • Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. YOU AND THE SEASONED CARTE ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR ITS RESPECTIVE INDIVIDUAL CAPACITIES AND IN SO DOING YOU AND THE SEASONED CARTE HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION, ANY PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION, AND ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
  • Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the state of your residence (determined by your billing address on file with THE SEASONED CARTE) will govern. We will provide notice of any material changes to this Arbitration Agreement. Except as set forth above with respect to the class action waiver, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Arbitration Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver. This Arbitration Agreement survives the end of the relationship between you and THE SEASONED CARTE, including without limitation termination of your membership or participation in any THE SEASONED CARTE loyalty program or contest or promotion, cancellation or deletion of your THE SEASONED CARTE account, opt-out of marketing, or end of participation in any other program or service that we offer.

12. Disclaimer of Warranties and Limitations on Liability

YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SEASONED CARTE AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

IN PARTICULAR, THE SEASONED CARTE AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. THE SEASONED CARTE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SEASONED CARTE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Certain states or jurisdictions, such as the State of New Jersey, do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

13. Indemnification

You agree to defend, indemnify, and hold harmless THE SEASONED CARTE and its affiliates, successors, and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners, from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind or nature incurred by THE SEASONED CARTE arising out of or relating to your use, or anyone using your account's use, of the Site; your violation of these Terms of Use; or your violation, or anyone using your account's violation, of any rights of another.

14. Cancellation or Suspension of Site or Account

We may suspend, cancel, and/or edit your account details at any time in our sole discretion and without notice or explanation. You may cancel your account on our Site by logging in and using the account details feature or by making your request in writing.

THE SEASONED CARTE may discontinue the Site, including any feature or service offered through the Site, at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.

15. Miscellaneous

The failure of THE SEASONED CARTE to enforce any provisions of these Terms of Use or respond to a breach by you or other parties will not in any way waive its right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

If any provisions in these Terms of Use are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use represent the entire and final agreement regarding our Site and supersedes any prior or contemporaneous communications between THE SEASONED CARTE and you regarding our Site and its contents. All rights not expressly granted to you in these Terms of Use are reserved to THE SEASONED CARTE.

16. Disclaimer on diet and health claims

Healthcare Information: Any health-related information included on the Sites is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. Talk to your doctor or pharmacist before treating any condition. Only your doctor or pharmacist can provide you with advice on what is safe and effective for you.

Diet and Health Release: Because some of the information on the Sites may relate to modifications to your diet, you agree to use your good judgment and reasonable care, including seeking counsel from your healthcare providers, prior to making any changes to your diet or lifestyle. No information on the Sites is intended as medical or healthcare information or advice. Please consult your healthcare professional(s) regarding all matters related to your diet and health, including without limitation herbal and nutritional products. You agree not to rely on any information on the Sites to make health-related decisions.

17. Handling of adulterated products

In the event you determine that food products appear to be adulterated or improperly handled upon delivery, including indications of any damage to packaging, lack of proper temperature for meats shipped in dry ice or otherwise, please discard the adulterated products and notify us promptly as described below under Contact Us.

18. Disclaimer on vendor marketing statement

At times, our product pages and other information on the Sites and the packaging of foods shipped to you may include marketing material provided by our suppliers. Although we endeavor to work with reliable and trusted suppliers, we are not responsible for verifying the information provided by suppliers.

19. Contact Information

You can contact us here.

20. Returns and Refunds

If you are dissatisfied with your delivery for any reason, please contact us at Support@TheSeasonedCarte.com as soon as possible. We may provide you a full or partial credit or refund of the purchase price for that item. Due to the perishable nature of the product, we do not offer exchanges and products should never be returned to us expect where we specifically request it . We may require information such as photographic documentation of any item with which you are dissatisfied before we provide you a credit or refund. If you do not comply with the terms of this section, you will be ineligible to receive a refund.

21. Referral Program

From time to time, The Seasoned Carte may offer incentives for referring new customers to The Seasoned Carte (“Referral Program”). For more information about our Referral Program, please visit our FAQ page (https://www.theseasonedcarte.com/faq). The Seasoned Carte reserves the right to revoke referral rewards or ban participation in the Referral Program if The Seasoned Carte reasonably suspects that you (or any person you refer) has used or attempted to use the Referral Program in a fraudulent or abusive manner or in violation of these Terms, any Referral Program policies, or applicable law. The Seasoned Carte reserves the right to modify or terminate the Referral Program at any time, with or without notice, in our sole discretion. If we terminate the Referral Program, all unused referral rewards will be revoked and forfeited at that time.