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Plated Privacy Policy

(Last Updated: June 11, 2015)

Please also visit the Plated Terms and Conditions (“Terms and Conditions”) that explain other terms governing the use of our Site and associated Plated Offerings. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Terms and Conditions.

Thank you for accessing the Plated.com website (the "Site"). The Site is an Internet property of DineInFresh, Inc. d/b/a Plated ("Plated," "we," “our” or "us"). At Plated, we are committed to protecting the privacy and security of your personal information.

This Plated Privacy Policy (“Privacy Policy”) describes the types of personal information we may collect, how we may use this information and when (under certain circumstances) we may disclose this information. This Privacy Policy also details the steps we have taken to secure your personal information. You agree to the terms and conditions of this Privacy Policy in their entirety when you: (a) access or use the Site; (b) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) sign up to receive the Plated™ food delivery service, which includes processing and delivery of orders (the "Plated Service"); (d) access links to Plated’s social media pages/accounts on third party social media websites, such as Facebook®, Instagram®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”); (e) enter one of the sweepstakes, contests and/or promotions offered by Plated™ from time to time (“Promotions”); and/or (f) utilize the Site’s many interactive features designed to facilitate interaction between the end-user, Plated™ and other Site users including, but not limited to, blogs and associated comment sections located in designated areas of the Site (collectively, the “Interactive Services” and together with the Site, Content, Plated Service, Social Media Pages and Promotions, the “Plated Offerings”).

IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE PLATED OFFERINGS.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Plated™ is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the Plated Offerings are not endorsed, administered or sponsored by any of those parties.

We are not responsible for the content on, or privacy practices of, any non-Plated.com web site to which this Site links or that links to this Site.

INFORMATION COLLECTION

Plated, and any third parties acting under Plated’s authorization, will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are name, shipping and billing addresses, phone number, email address, credit card information and customer preferences data. Examples of ways in which we may collect such information from you include the following:

A. Personally Identifying Information

Registration and Ordering.Before using certain parts of this Site, registering to enter one of the Promotions and/or ordering products, you must complete a registration form. When registering, you will be prompted to provide certain personal information, depending on the applicable registration form, including, but not limited to, your name, shipping and billing addresses, phone number, email address and credit card number (including security code and expiration date). In addition, you may also be asked to provide your country of residence and/or your organization's country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to verify entry into a Promotion, to ship any prizes won in connection with the applicable Promotion, to communicate with you about your order and this Site, and for internal data modeling and marketing purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.

Email Addresses.Some areas of the Site allow you to enter your email address for purposes including, but not limited to: registering for a particular service or activity, registering to enter a Promotion or opening a Plated account. If you choose not to provide your email address when prompted, you may not be able to engage in some or all of those activities.

Information from Social Media.If you access or log-in to a Plated service through a social media website or other non-Plated service, or connect a Plated service to a social media website or other non-Plated service, the information we collect may also include your user ID and/or user name associated with that social media service, any information or content you have permitted the social media service to share with us, such as your profile picture, email address or friends lists, and any information you have made public in connection with that social media service. When you access the Plated services through social media services or when you connect a Plated service to social media services, you are authorizing Plated to collect, store, and use such information and content in accordance with this Privacy Policy.

Retargeting/Remarketing.Plated may work with third parties to allow such third parties to show Plated’s ads on sites other than Plated.com, and to permit third parties to use cookies to serve ads to you based on your past visits to the Plated.com website. If you do not wish to permit these activities, you may opt out by visiting the Network Advertising Initiative opt-out page here:

http://www.networkadvertising.org/choices/

Data-Append Services.Plated may work with one or more data-modeling and/or data–append services, such as Experian, which allow Plated to learn more about you from other websites, based on the information you have permitted Plated to gather directly (including your email address).

B. Non-Personally Identifying Information

Log information.When you access the Plated Site our servers automatically record information that your browser sends whenever you visit a website. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the Site, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. This log information is not linked to personal information unless you are an active customer, or have otherwise provided such information to us. Third parties may also use tracking technologies such as web beacons, images, scripts and cookies to track information in the aggregate on our Site for analytics purposes. Plated does not control these third-party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third-party advertising networks and similar entities that use these technologies, see www.aboutads.info/consumers, and to opt-out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices.

Cookies.Like most other websites, Plated uses cookie technology throughout this Site. A cookie is a small removable data file that is stored by your web browser on your computer which often includes an anonymous unique identifier. Cookies are used to provide customers with tighter security, customized content, tracking of orders and shopping cart items. Plated uses both session and persistent cookies on this Site; session cookies expire at the end of a particular visit to our Site, while persistent cookies (also called stored cookies) remain active until you disable them through your browser settings, or until a pre-set expiration date. Unfortunately, customers who turn off cookies in their browser settings will not be able to shop from this Site. In addition, disabling cookies may cancel opt-outs that rely on cookies, such as web analytics or targeted advertising opt-outs.

INFORMATION USE

We do not sell or rent information about our customers and all information provided to Plated remains absolutely confidential, except that:

A.

We may share aggregate or summary information regarding our customers with partners, advertisers or other third parties. This data will never identify you personally.

B.

We may share information with companies that provide support services to us (such as a printer, mailing house, fulfillment company, delivery company or web host) or that help us market our products and services. This information may also be shared with marketers whose products or services we feel may be of interest to you. These companies may need information about you in order to perform their functions. These companies are not authorized to use any personal information we share with them about you for any other purpose.

C.

We (including, for all purposes hereof, any third parties that provide support services to Plated in connection with the Plated Offerings, such as printers, mailing houses, fulfillment companies, delivery services or web hosts) will use your personal information, such as the telephone number and email address that you provide to Plated, to communicate with you about your subscription, orders and deliveries of the Plated Offerings. We may contact you following your initial order and from time to time thereafter by telephone regarding your subscription, orders and deliveries of the Plated Offerings. We may contact you from time to time by text message regarding delivery times and order status or other important information regarding your subscription, orders and deliveries of the Plated Offerings. If you submit your email address to open a Plated account, we use it to deliver the information to you. In addition, if you submit your email address or telephone number in connection with registering for a Promotion, we may use your email address or telephone number to communicate with you regarding your participation in the applicable Promotion.

D.

We may publicly disclose the name, city, and state of the winner of any online sweepstakes.

E.

We may share your personal information with other members of an information co-op, whereby data from each member is shared with all other members of the co-op.

F.

We may share your email address, or other information you voluntarily provide to us, such as your hobbies, personal interests, household income range, number of children, gender, demographic information, and product and service preferences, with third-party partners (including Facebook®) for purposes of their provision to us of services, and/or our collection of information from such sources, based on such information solely for use in connection with our internal data-modeling and/or marketing or similar activities. Such third-party partners are not authorized to use your email address for any other purpose.

G.

As we develop our business, we might sell or buy businesses or assets. In the event of a company sale, merger, reorganization, dissolution, or similar event, the personal information and other information you provide to us or that we have gathered about you may be part of the transferred assets.

H.

We may publish your testimonials about Plated, including on our websites and blogs, and on social networks (if we choose to publish your testimonial, we will include only your first name, last initial, city and state).

I.

We may be required to disclose such information in response to subpoenas, court orders, requests from law-enforcement officials, or if we are otherwise required to disclose such information by law. If we believe disclosure is necessary or appropriate to protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure of Plated, our customers or others, we may disclose your information as required. This includes identifying potential hackers and other unauthorized users to your account. We use this information to process, validate, confirm, verify, deliver and track your purchases (including by processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone).

PROTECTING YOUR INFORMATION

Shopping on the Site is easy, secure and worry-free. We have taken several measures to guarantee that your order and your credit card information are safe and secure. Our servers use Secure Sockets Layer (SSL), an advanced encryption technology.

SSL is considered the industry standard and is among the leading software available to encrypt online transactions. Your personal information including your name, credit card number and address is encrypted so that it cannot be read as it is transmitted over the Internet. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, any information you transmit to us is sent at your own risk.

To further protect yourself, you should safeguard your Plated account username and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our sites. Please note that we will never ask for your Plated account username or password via email.

NON-US INFORMATION

You agree that your information will be held by Plated in the United States and may also be held and accessed by Plated staff and third parties working for Plated inside and outside the United States. If your information is gathered outside the United States, you agree that it may be transferred to Plated’s United States offices to be used for these purposes, and it may be transferred to and shared with any of Plated’s worldwide locations.

CHILDREN’S PRIVACY

We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child’s personal information from our files.

OPT OUT POLICY AND PROCEDURES

If you do not wish to have your telephone number used by Plated for telephone communications, you may opt out of such telephone communications by emailing our Customer Support department at help@plated.com using the email address associated with your Plated account. Please clearly label the subject line of the opt-out email “Opt-Out Telephone Communications,” and do not include any personal, credit card or other billing information in your opt-out email. Please indicate in the body of your opt-out email that you would like to opt out of telephone communications. To opt out of text message communications from Plated regarding the Plated Offerings, you may respond to any text from Plated with the word “STOP” to unsubscribe from such text message communications. After unsubscribing from text communications, you may receive one additional text confirming your unsubscription. Please do not reply to such confirmation text. If you do reply to such confirmation text, you will have effectively re-subscribed to text message communications from Plated.

You may manage your receipt of marketing, promotional and non-transactional email communications from Plated by clicking the “unsubscribe” link located at the bottom of any Plated account.

Notwithstanding the foregoing, you cannot opt-out of email or transactional communications related to your account, and we may continue to contact you for the purposes of communicating information relating to your request for Plated Offerings, your participation in a Promotion and to respond to inquiries made by you, as applicable, even if you have elected to opt-out of certain communications as provided above.

To opt-out of all communications from Plated you must cease utilizing the Plated Offerings, and other services related to the Plated Offerings.

If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that Plated has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Plated, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please email help@plated.com, with the subject line "California Privacy" and your request in the body of your email.

OFFLINE COLLECTION, USE & DISCLOSURE OF INFORMATION

The majority of information that we collect is obtained through our Site, and this Privacy Policy applies only to that online collection of personal information, as well as the collection of personal information at one of our food trucks. We also collect information offline, where we also try to protect the privacy of your personal information. One example involves someone calling us to place an order or to ask questions. When someone calls, we will ask only for the personal information we need in order to place the order or to answer the question. When we need to store information (such as order information), we will enter it into our database through SSL encryption. (See the Protecting Your Information section above for more information).

POLICY CHANGES

We may change our Privacy Policy from time to time without notice to you. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy. Your continued use of the Site or Services available through the Site constitute your: (a) acknowledgement of the modified Privacy Policy; and (b) your agreement to abide and be bound by the Privacy Policy.

QUESTIONS AND FEEDBACK

We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at help@plated.com. You also may write to us at:

Plated
Attn: Legal Department
22 W19th Street, 5th Floor
New York, New York 10011

TERMS AND CONDITIONS

Please click here to view the Plated Website Terms and Conditions, which explain other terms and conditions governing our Site and associated Plated Offerings.

Plated™ Terms and Conditions

Welcome to Plated.com (the “Site”)!

PLEASE READ THE FOLLOWING PLATED™ TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY ASPECT OF THE SITE.

The Site is an Internet property of DineInFresh, Inc. d/b/a Plated (“Plated™,” “we,” “our” or “us”). Each end-user visitor to the Site agrees to the following Plated™ Terms and Conditions (“Terms and Conditions”), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) signs up to receive the Plated™ food delivery service, which includes processing and delivery of orders (the "Plated Service"); (d) accesses links to Plated’s™ social media pages/accounts on third party social media websites, such as Facebook®, Instagram®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”); (e) enters one of the sweepstakes, contests and/or promotions offered by Plated™ from time-to-time (“Promotions”); and/or (f) utilizes the Site’s many interactive features designed to facilitate interaction between the end-user, Plated™ and other Site users including, but not limited to, blogs and associated comment sections located in designated areas of the Site (collectively, the “Interactive Services” and together with the Site, Content, Plated Service, Social Media Pages and Promotions, the “Plated Offerings”).

The following Terms and Conditions are inclusive of the Plated™ Privacy Policy (“Privacy Policy”), the contest rules applicable to the Promotions (“Contest Rules”) and any and all other applicable Plated™ operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”). By using and/or accessing the Plated Offerings, you agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE PLATED™ OFFERINGS IN ANY MANNER OR FORM.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Plated™ is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the Plated Offerings are not endorsed, administered or sponsored by any of those parties.

If you have any questions about the Agreement or the Site please access our Frequently Asked Questions or call our Customer Service team at 855-525-2399.

Modification

We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Plated Offerings. By your continued use of any of the Plated Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

Plated Satisfaction Guarantee

All of our products and services are backed by a freshness and quality guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at 855-525-2399 or contact us via e-mail at help@Plated.com. Plated may require the return or photo documentation of the product with which you are dissatisfied before we substitute an acceptable item, issue a credit voucher or give you cash back.

Plated Service

Ordering through the Site. Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can place your order anytime, up to: the Sunday at Noon Eastern Daylight Time before a Monday delivery; the Monday at Noon Eastern Daylight Time before a Tuesday or Wednesday delivery date; the Wednesday at Noon Eastern Daylight Time before a Thursday delivery date; and/or the Thursday at Noon Eastern Daylight Time before a Friday or Saturday delivery date. Orders must be canceled by Sunday at Noon Eastern Daylight Time for Monday through Wednesday delivery dates, or by Wednesday at Noon Eastern Daylight Time for Thursday through Saturday delivery dates. Cancelation of orders after the required cutoff time will result in a full charge.

Price and Availability. At Plated we believe in offering our customers the best product at the best price. We strive to provide you with great prices compared to the competition near your delivery address. We receive fresh products every day to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. At times when we have an item that's very similar to the item you ordered, we may make a substitution. If you're not happy with the replacement, please email us at help@Plated.com.

Please note: We reserve the right to limit your order or the quantity of a particular product that you may order.

Delivery of Products. Plated uses refrigerated shipping solutions to maintain the quality and integrity of your products. Plated uses third-party delivery companies to deliver meal ingredients to its customers. We carefully package each delivery to ensure that food products will remain fresh in your unopened delivery box at room temperature (i.e., 78 degrees Fahrenheit) for six (6) hours from the time of delivery. However, you as the customer are the ultimate arbiter of freshness and should always inspect your delivery boxes to confirm the contents arrive in a cool, refrigerated condition and use a thermometer to ensure that that the internal temperature of any meat and fish products is and remains at or below 41 degrees Fahrenheit. To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon delivery. In the unlikely event a fresh food product arrives at a temperature above 41 degrees Fahrenheit, you should contact our customer service and discard the item.

Products are solely at your risk from the time of delivery. You, and not Plated, are solely responsible for the proper and safe washing, preparation, storage, and cooking of the meals following delivery. Plated recommends that all cooking instructions specified be followed, and that all meats, poultry, and seafood are cooked to the USDA recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees Fahrenheit for whole meats; 145 degrees Fahrenheit for seafood). Additionally, all fresh produce should be washed prior to using.

Product Substitutions. At times, Plated may substitute meal ingredients due to market conditions outside of our control or product quality that is below our standards. In cases of ingredient substitutions, any modifications to cooking instructions will be communicated to the customer.

Dietary Preferences and Restrictions. Plated does not guarantee the accuracy of any nutritional information provided by Plated. Plated will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase, prepare, and consume are in accordance with your respective dietary needs or restrictions. Plated stores, portions, and packs meals containing all eight (8) major US allergens (milk, wheat, egg, soy, fish, shellfish, peanuts, and treenuts). Although Plated takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals to contain any or all of these allergens.

To receive delivery, you must live in a residential apartment or home, or receive permission from employer or business owner to receive shipments from a business address. Shipments may not be scheduled to business addresses for Saturday deliveries. Additionally, after your second order with Plated you may elect an alternate receiver located within or near your building or home to accept your delivery. This alternate receiver may accept your goods when you are not present at the time for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your alternate receiver are not present, we will use commercially reasonable efforts to contact you. In certain areas, Plated may offer unattended delivery.

If something is missing from your order, please call our Customer Service department at 855-525-2399 or email us at help@Plated.com.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.

Credit Card Payment. Plated reserves the right to execute a $1 authorization or temporary charge on your credit card to verify that your account is valid and that the information you provide to Plated is correct. This authorization does not cost you anything and will expire in a few days (debit card authorizations typically expire in 24-48 hours depending on your bank's rules). If you experienced trouble enrolling with Plated, you may see multiple $1 authorizations. These multiple charges (up to $5) will expire in a few days.

Your credit/debit card will be charged for your order immediately upon checkout. Plated will not process orders that attempt to use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Plated reserves the right to collect funds for any uncollected transactions owed to it. Plated may charge a fee of $2 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Plated may charge such amount directly to the credit card identified in your Customer Account Information and Plated may suspend or terminate your access to the Plated Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Plated may incur in its efforts to collect any unpaid balances from you. Your right to use the Plated Service is subject to limits established by Plated and/or by your credit card issuer.

Plated is unable to accept checking account transactions, paper checks, food stamps, or third-party coupons at this time.

Third-Party Information Providers and Merchants. In certain cases, the Plated Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by Plated. In such instances, Plated acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Plated makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Plated makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

Promotions

From time-to-time, Plated offers Promotions by and through the Site, Plated food truck(s) or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Contest Rules applicable to each Promotion, end-users can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. Each end-user understands and agrees that Plated shall not be liable to such end-user or any third party for any claim in connection with that end-user’s participation in any of the Promotions.

License and Proprietary Rights

Copyright and Ownership. All Site Content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Plated. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Plated for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Plated is strictly prohibited. You acknowledge that Plated and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Plated reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Plated.

Trademarks. "Plated," all Plated logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of DineInFresh, Inc. or otherwise proprietary to DineInFresh, Inc. and may not be used by you for any reason other than as expressly permitted by the Agreement. All other trademarks, service marks, product names, and company names or logos appearing by and through the Plated Offerings are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Plated Service.

Access to the Plated Service

Access. You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Plated Service and the Site. You agree to comply with all laws applicable to your activities on the Plated Site and with the terms of the Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into the Agreement and perform your obligations hereunder.

You acknowledge that from time to time the Plated Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Plated may undertake from time to time; or (iii) causes beyond the control of Plated or which are not reasonably foreseeable by Plated.

ID Number and Passwords. Access to the Plated Service is accomplished through the use of a registered email address and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility of the upkeep and maintenance of an accurate and active email address for access to the Plated site and receipt of transactional or marketing email communication. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Plated Service with your password. You agree to notify Plated promptly of any unauthorized use of your password and you will remain liable for any use of the Plated Service until you notify Plated.

Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Plated Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and, if applicable, alternate receiver for your order. You can update your information in the Account area on our Web site or contact our Customer Service department. Please do not send credit card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Plated, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities associated with the Plated Offerings and with the Agreement.

Plated's secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Once we receive your payment information, it is stored in our secure data center. Plated will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Plated Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.

Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to help@Plated.com.com, or you may update your account information yourself by going to your Account page on the Plated Site. Please do not send credit card or other payment information via email.

Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Plated Site and use of the Plated Service, to understand our practices.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Plated Service, which includes, without limitation, use of the Plated Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Plated Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Plated to be in conflict with the letter or intent of the Agreement.

Warranty Disclaimer; Limitation of Liability; Indemnification

YOU EXPRESSLY AGREE THAT USE OF THE PLATED SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE PLATED SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PLATED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PLATED SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE PLATED SERVICE; PLATED DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. PLATED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE PLATED SERVICES. PLATED DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER PLATED NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, " PLATED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE PLATED SERVICE, OR THE INTERNET. PLATED'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE PLATED SERVICE AND TO TERMINATE THE AGREEMENT. PLATED RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Plated operates this Site for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

You agree to defend, indemnify, and hold Plated Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of the Agreement by you or through use of your account.

Dispute Resolution Provisions

The Agreement and the provisions hereof shall be treated as though they were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Agreement, or any provisions hereof, or the breach of same by any party hereto: (a) each of you and Plated agree to submit such dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Plated™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Plated™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you agreed to, or are deemed to have agreed to, the Agreement as provided hereunder.

Miscellaneous

Termination. The Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Plated may suspend or terminate the Agreement or the Plated Service or remove or disable access to any portion of the Plated Service at any time for any reason with or without notice to you. You may terminate your Plated Service account at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Plated reserves the right to collect fees and charges incurred before you cancel your Plated Service account. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancelation.

Notices. Plated may give notice to you of any change or any other communication related to the Agreement through a general posting on the Plated Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Plated by telephone at 855-525-2399, by electronic mail (as specified in the "About" section of the Plated Web site), or by conventional mail to:

Plated.com, 36 Cooper Sq., 6th Fl., New York, NY 10003, Attention: CUSTOMER CARE.

Entire Agreement. The Agreement represents your entire agreement with Plated regarding the use of the Plated Service and the Plated Site. You agree that the Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Plated, and Plated Parties. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of the Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. The Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Plated or relating in any way to your use of the Plated Service or the Plated Site resides in the federal and state courts of New York and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of New York in connection with any such dispute, including any claim involving Plated Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

Third-Party Beneficiaries. The provisions of the Agreement are for the benefit of Plated Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. The Agreement and all obligations and restrictions placed upon you or your permitted users by the Agreement shall survive termination of the Agreement and your Plated Service account.

Promotional Emails. As a registered Plated user, you agree to receive promotional emails from Plated. These promotional emails may include but are not limited to: weekly menus, promotional offers, membership information or affiliate offers. Plated will never sell, rent or share your email address except to the limited extent set forth in the Privacy Policy or otherwise in the Agreement.

ADDITIONAL TERMS FOR CUSTOMERS ENROLLED IN AUTOMATIC SHIPMENTS ONLY

  1. AUTOMATIC SHIPMENTS
    1. Ongoing Automatic Shipments. Your Plated automatic shipments, which may start with a free trial, will continue week-to-week unless and until you cancel your automatic shipment subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to enroll in the Plated automatic shipment service. We will bill the weekly shipments to your Payment Method.
    2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in the Agreement will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Plated by visiting our website and visiting your Account page. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
  2. Free Trials
    1. Your Plated membership may start with a free trial. The free trial period of your membership lasts for one week, or as otherwise specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new and certain former members only. Plated reserves the right, in its absolute discretion, to determine your free trial eligibility and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, order and/or membership cancelation.
    2. We will begin billing your Payment Method for weekly automatic shipment fees at the end of the free trial, or as specified at the beginning of your enrollment, unless you cancel prior to the end of the free trial period. Plated will send email communication prior to your billing date. We reserve the right to authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
    3. In the event that the email address provided is inaccurate or outdated, you will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE ACCOUNT PAGE AT THE TOP OF ANY PLATED WEB PAGE (www.plated.com) TO FIND CANCELATION INSTRUCTIONS OR CONTACT OUR CUSTOMER EXPERIENCE DEPARTMENT (855-525-2399). We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel. Providing a full and accurate email address to receive notifications is your responsibility, and Plated is not liable for any fees incurred due to undelivered email communication.
  3. Billing
    1. Recurring Automatic Shipment Billing. By starting Plated automatic shipments, you authorize us to charge you a weekly fee at the then current rate, and any other charges you may incur in connection with your use of the Plated service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding additional plates to automatic shipments, and you authorize us to charge your Payment Method for such varying amounts, which may be billed weekly in one or more charges.
    2. Weekly Order Processing. When you sign up for automatic shipments, your payment method will automatically be billed each week until you cancel it, and you are enrolled to receive shipments each week (“Weekly Delivery”. You may skip a Weekly Delivery or cancel your membership at any time (see Cancelation below). You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of the Agreement. Skipping Weekly Deliveries and/or order cancelation requests require advanced notice to Plated, as set forth more specifically via email communication. If you miss these deadlines, you will be responsible for paying the applicable amount, and the cancelation will take effect the next week.
    3. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in the Agreement, any price changes to your service will take effect following email notice to you.
    4. Billing Cycle. The automatic shipment fees for our service will be billed at the beginning of the paying portion of your enrollment and each week thereafter unless and until you cancel your frequency preferences. We automatically bill your Payment Method every 7 days. Automatic shipment fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. Visit our website and click on the "Membership" link on the "Your Account" page to see the next delivery date. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
    5. Payment Methods. You may edit your Payment Method information by visiting our website and “Your Account”, available at the top of the pages of the Plated website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancelation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
    6. Cancelation. You may cancel your Plated automatic shipment enrollment at any time. To cancel, go to the “Membership” link on your Account page and follow the instructions for cancelation.

ADDITIONAL TERMS FOR CORPORATE SERVICES CUSTOMERS ONLY

This section applies to Plated Corporate Services Customers only; if any terms in this section are inconsistent with any terms above, the terms of this section shall apply with respect or Corporate Services Customers. All other terms of the Customer Agreement, above, apply to Corporate Services Customers.

Plated Service

Ordering through the Site. Delivery is available on most non-holiday weekdays; check the Delivery Info page for exact delivery dates. Orders must be received before the posted cutoff time for a given delivery. Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. You can place your order any time, up to one week before your delivery date. You can modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancelation of your order) via the Web (in the "Your Account" section of the Site) up until the posted cutoff time for that delivery. You may cancel orders via the "Your Account" section of the Site or by contacting our Corporate Services Department at 855-525-2399 during posted hours. Please see the Help section of the site for Customer Service hours. However, modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancelation of orders after the required cut-off time will result in a restocking fee equal to the fees described in the main Customer Agreement.

To receive delivery, your requested delivery destination must be in a commercial building where Plated is permitted to make deliveries and you or an alternate receiver must be present to receive your order from our driver during your selected delivery window. This alternate receiver can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you and your alternate receiver are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that day. In such case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a fee as described above.

Access to the Plated Service

ID Number and Passwords. Access to the Plated Service is accomplished through the use of a user name and a password that will be issued to you upon registration. If you are a Corporate Services customer, before your registration is complete, Plated will need to verify your address for delivery. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Plated Service with your password. You agree to notify Plated promptly of any unauthorized use of your password and you will remain liable for any use of the Plated Service until you notify Plated of the unauthorized use of your password.