Terms and Conditions of Service for Everplain Meals Vending Machines

Last Updated: February 3, 2025]

1. Acceptance of Terms

Welcome to Everplain Meals! These Terms and Conditions (“Terms”) govern your use of Everplain Meals vending machines (the “Machines”) located at various commercial and educational areas and the purchase of fresh, local, healthy food items (the “Products”) from these Machines. These Terms also apply to your use of the Everplain Meals website [www.everplain.com] (the “Website”), if applicable in relation to the vending machine services.

By using our Machines or purchasing Products from our Machines, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference (if applicable to website usage related to vending machine services, e.g., machine location information, account features). If you do not agree to these Terms or the Privacy Policy, you must not use our Machines or purchase Products from them.

2. Services Offered

Everplain Meals provides vending machines that dispense pre-packaged fresh, local, healthy food Products at various locations. The Products offered, menu options, pricing, and machine locations are subject to change without notice. Machine locations may be available on our Website or through other communication channels.

3. Account and Use

3.1. Optional Account: Account registration on our Website may be offered to enhance your experience, potentially providing features such as viewing machine locations, loyalty programs, purchase history, or machine status updates. Account creation is not required to purchase Products from our Machines unless specifically indicated for certain features or promotions.

3.2. Eligibility: If account registration is offered, you must be at least 18 years old to register for an account. By registering, you represent and warrant that you meet this eligibility requirement. Also, please note that Everplain Fridge’s are a business to business platform and only deployed at commercial, industrial, and educational sites.

3.3. Account Information: If you choose to create an account, you are responsible for providing accurate, current, and complete information during registration and for keeping your account information up-to-date.

3.4. Account Security: If you create an account, you are responsible for maintaining the confidentiality of your account login credentials, including your username and password. You are responsible for all activities that occur under your account. Notify us immediately of any unauthorized access to or use of your account.

3.5. Account Termination: We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any reason, including but not limited to violation of these Terms.

4. Purchase and Payment at Vending Machines

4.1. Product Selection and Purchase: Products are purchased directly from the Machines. Instructions for product selection and purchase are displayed on each Machine.

4.2. Pricing and Payment: Prices for Products are displayed on each Machine and are subject to change without notice. Payment must be made at the time of purchase using the payment methods accepted by the Machine (e.g., credit card, debit card, mobile payment, cash – as indicated on the Machine).

4.3. Payment Processing: Payment processing at the Machines may be handled by third-party payment processors. By making a purchase, you authorize us or our payment processor to charge your chosen payment method for the total amount of your purchase. You agree to be bound by the terms and conditions of our third-party payment processors, if applicable. Refer to our Privacy Policy for more information on payment processing, if applicable.

4.4. Refunds and Machine Issues: If you experience an issue with a Machine, such as a product malfunction, incorrect dispensing, or payment error, please contact us using the contact information displayed on the Machine or on our Website (if provided). Refunds or product replacements for machine malfunctions or dispensing errors are offered at our discretion, subject to verification and our investigation.

5. Product Information and Dietary Information

5.1. Product Descriptions and Ingredients: We make reasonable efforts to provide accurate descriptions and ingredient lists for our Products, which will be displayed on the Product packaging and/or potentially on the Machine’s display screen. However, product offerings and ingredients may vary due to availability and substitutions. Please carefully review the ingredient lists and allergen information provided on the Product packaging at the Machine before making your purchase, especially if you have any allergies or dietary restrictions.

5.2. Allergies and Dietary Restrictions: We cannot guarantee that our Products are completely free of specific allergens. Our Products are prepared in facilities that may process common allergens, such as nuts, soy, dairy, gluten, and shellfish. If you have severe allergies, we strongly advise you to exercise extreme caution when purchasing Products from our Machines and to carefully review the allergen information on the Product packaging before purchase. You are solely responsible for ensuring that the Products you purchase are suitable for your dietary needs and allergies by checking the information at the Machine.

5.3. Dietary Information: Any dietary information provided (e.g., calorie counts, nutritional information) on Product packaging or potentially on the Machine’s display screen is for informational purposes only and is based on available data. We do not guarantee the accuracy or completeness of such information. If you have specific dietary requirements or health concerns, consult with a healthcare professional or registered dietitian.   

5.4. Product Quality and Handling: Our Products are intended to be fresh and are regularly stocked and maintained. However, product freshness and quality can be affected by various factors, including machine malfunctions, temperature fluctuations, and product shelf life. Please check the “best by” or “use by” date on the Product packaging before consumption. We are not responsible for any illness or adverse reactions resulting from consumption of Products that are past their expiration date or have been improperly handled after purchase. 

5.5. Product Appearance: Photos of Products on our Website or marketing materials (if any) are for illustrative purposes only and may not be an exact representation of the Products available in the Machines. Actual Products may vary in appearance.

6. User Conduct at Vending Machine Locations

You agree to use our Machines and purchase Products in a lawful and respectful manner and in accordance with any posted instructions or signage at the Machine locations. You agree not to:

• Use the Machines or purchase Products for any illegal or unauthorized purpose.
• Vandalize, deface, damage, or misuse the Machines in any way.
• Interfere with the proper functioning of the Machines.
• Tamper with or attempt to gain unauthorized access to the Machines’ internal mechanisms, payment systems, or contents.
• Leave trash, litter, or refuse at or around the Machine locations. Dispose of packaging and waste properly in designated receptacles if available.
• Engage in any conduct that is disruptive, unsafe, or inconsiderate to other users of the Machine locations or the surrounding environment.
• Violate any applicable laws, regulations, or rules of the property where the Machine is located.
• Remove Products from the Machine without completing a proper purchase through the Machine’s payment system.

7. Intellectual Property

7.1. Machine and Website Content: The Machines themselves, the Website (if applicable), and their original content (excluding User-Generated Content, if any), features, and functionality are and will remain the exclusive property of Everplain Meals and its licensors. This includes, but is not limited to, machine designs, displays, software, text, graphics, logos, images, audio clips, digital downloads, data compilations, and software.

7.2. Trademarks: “Everplain Meals” and our logos are trademarks or service marks of Everplain Meals. You are not permitted to use our trademarks in connection with any product or service in any manner that is likely to cause confusion.

7.3. Limited License (for Website, if applicable): If a Website is offered in conjunction with the vending machine services, we grant you a limited, revocable, non-exclusive, and non-transferable license to access and use our Website for your personal, non-commercial use in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as expressly permitted in these Terms or with our prior written consent.

8. Disclaimers and Limitation of Liability

8.1. Disclaimer of Warranties: OUR MACHINES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE MACHINES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF MALFUNCTIONS, OR THAT THE PRODUCTS AVAILABLE IN THE MACHINES WILL ALWAYS BE FRESH, AVAILABLE, OR MEET YOUR EXPECTATIONS. WE MAKE NO WARRANTIES REGARDING THE SUITABILITY OF PRODUCTS FOR ANY SPECIFIC DIETARY NEEDS OR ALLERGIES BEYOND WHAT IS LABELED ON THE PRODUCT PACKAGING AT THE MACHINE.

8.2. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERPLAIN MEALS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE OUR MACHINES OR PURCHASE PRODUCTS FROM THEM; (B) ANY MACHINE MALFUNCTIONS OR ERRORS; (C) THE QUALITY, FRESHNESS, OR SUITABILITY OF PRODUCTS PURCHASED FROM THE MACHINES; (D) ANY ERRORS OR OMISSIONS IN PRODUCT INFORMATION OR LABELING; AND/OR (E) ANY ILLNESS OR ADVERSE REACTION RESULTING FROM CONSUMPTION OF PRODUCTS PURCHASED FROM OUR MACHINES, INCLUDING BUT NOT LIMITED TO  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERPLAIN MEALS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE OUR MACHINES OR PURCHASE PRODUCTS FROM THEM; (B) ANY MACHINE MALFUNCTIONS OR ERRORS; (C) THE QUALITY, FRESHNESS, OR SUITABILITY OF PRODUCTS PURCHASED FROM THE MACHINES; (D) ANY ERRORS OR OMISSIONS IN PRODUCT INFORMATION OR LABELING; AND/OR (E) ANY ILLNESS OR ADVERSE REACTION RESULTING FROM CONSUMPTION OF PRODUCTS PURCHASED FROM OUR MACHINES, INCLUDING BUT NOT LIMITED TO ALLERGIC REACTIONS, FOOD POISONING, OR OTHER HEALTH ISSUES, EVEN IF EVERPLAIN MEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EVERPLAIN MEALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT(S) THAT GAVE RISE TO THE CLAIM, OR, IF NO PURCHASE WAS MADE, ONE US DOLLAR ($1.00).  

10. Indemnification

You agree to indemnify, defend, and hold harmless Everplain Meals, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys‘ fees) arising out of or relating to: (a) your use of the Machines or purchase of Products; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement of any third-party right, including without limitation any intellectual property right or right of privacy; or (e) any claim that your use of the Machines or purchase of Products caused damage to a third party. 

11. Governing Law and Dispute Resolution

11.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. 

11.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Seattle, WA under the rules of the American Arbitration Association. You agree to submit to the jurisdiction of such courts for the purpose of litigating all such disputes.  

12. Changes to Terms

We reserve the right to modify or revise these Terms at any time, at our sole discretion. We will post any changes on our Website (if applicable) or may provide notice through other means. The “Last Updated” date at the top of these Terms will indicate when the latest revisions were made. Your continued use of the Machines or purchase of Products after any changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. 

13. Entire Agreement

These Terms, together with our Privacy Policy (if applicable), constitute the entire agreement between you and Everplain Meals concerning the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Everplain Meals with respect to the Services.

14. Contact Us

If you have any questions, concerns, or requests regarding these Terms or our services, please contact us using the contact information displayed on the Machines or on our Website (if applicable): 

Everplain Meals 

158 Etruria St., Seattle, WA, 98109

fresh@everplain.com