Last Updated: May 30, 2017
By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Milkmade Ice Cream, Inc. or our subsidiaries or other affiliates (collectively, “MilkMade,” “The Milkmaids” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the smoothie ingredients or other products made available through the Sites (collectively, the “Products”).
We may amend the Agreement from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using Milkmade Ice Cream Products.
ELIGIBILITY. The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one MilkMade Ice Cream account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
REGISTRATION. In order to access and use certain areas or features of the Sites, you will need to register for a MilkMade Membership. By enrolling in the Membership, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
COMMUNICATION. By creating a MilkMade Ice Cream Membership, you also consent to receive electronic communications from MilkMade Ice Cream (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
MEMBERSHIP. We offer Membership subscription plans for our ice cream (“MilkMade Membership”). We offer Gift Membership subscription plans for our ice cream (“MilkMade Gift Membership”).
CONTINUOUS MEMBERSHIP. WHEN YOU REGISTER FOR A MILKMADE MEMBERSHIP, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) MILKMADE ICE CREAM (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR MILKMADE MEMBERSHIP (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MILKMADE MEMBERSHIP CONTINUES, AND (B) YOUR MILKMADE MEMBERSHIP IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
CANCELLATION POLICY. YOU MAY CANCEL YOUR MILKMADE MEMBERSHIP AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND SELECTING THE CANCELLATION BUTTON. YOU MUST CANCEL YOUR ACCOUNT BY NOON ON THE FRIDAY PRIOR TO THE DELIVERY WEEK. YOU ARE RESPONSIBLE FOR ALL MILKMADE MEMBERSHIP CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION.
In the event you cancel your MilkMade Membership, please note that we may still send you promotional communications about MilkMade Ice Cream, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
FREE TRIALS AND DISCOUNTS. From time to time, we may offer free trials or discounts for specified periods of time. ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR MEMBERSHIP (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEMBERSHIP CONTINUES, UNLESS YOU CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR MEMBERSHIP ARE DESCRIBED IN SECTIONS ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL OR DISCOUNT PERIOD HAS ENDED OR THAT THE PAID PORTION OF YOUR MEMBERSHIP HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS OR DISCOUNTS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
PAYMENT AND BILLING INFORMATION. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your MilkMade Membership account, you can do so at any time by logging into your account and editing your payment information.
PRICING. You acknowledge that the amount billed may vary due to promotional offers, changes to your MilkMade Membership or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
AVAILABILITY. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, mix-in ingredient) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
TAXES. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
SHIPPING. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. Actual delivery times may vary from estimated times displayed.
DELIVERIES. You are responsible for inspecting all Products you receive from MilkMade Ice Cream for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you have any reason to believe that any Product in your delivery is not suitable for consumption, contact us at email@example.com and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately freezer the Products upon delivery.
If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address, or at an alternate address provided by you, who accepts a delivery from us is presumed to be authorized to receive such delivery with all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that Product.
NO RESALE. You are not permitted to resell or otherwise use the Products for commercial purposes.
RETURNS AND REFUNDS. If you are dissatisfied with the Product for any reason, please contact us at firstname.lastname@example.org within seven (7) days of the date you received the Product at our expense or, depending on the circumstances, we may provide you a full or partial credit or refund of the purchase price for the Product. We may require the return or photographic documentation of any Product with which you are dissatisfied before we provide you a credit or refund.
If you are dissatisfied with any non-food Product you purchased through the MilkMade Ice Cream Sites, that was shipped to your directly from MilkMade Ice Cream, you may return the Product within fourteen (14) days of the date you received the Product by contacting email@example.com and following the shipping instructions we supply; provided, that all returned Products must be unused and in their original packaging. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.
THIRD PARTY CONTENT. We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that MilkMade Ice Cream is not responsible or liable in any manner for such interactions or Third Party Content.
INDEMNIFICATION. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MilkMade Ice Cream, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MilkMade Ice Cream Parties”), from and against all actual or alleged MilkMade Ice Cream Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify MilkMade Ice Cream of any third party Claims and cooperate with the MilkMade Ice Cream Parties in defending such Claims. You further agree that the MilkMade Ice Cream Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MilkMade Ice Cream.
DISCLAIMERS. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM MILKMADE ICE CREAM. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MILKMADE ICE CREAM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
TERMINATION. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
SEVERABILITY. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you register for a MilkMade account, sign up for a subscription, participate in any interactive features of the Sites, subscribe to a newsletter or email list, participate in a survey, contest, promotion or event, order or purchase (either for yourself or for another person) meal ingredients or other products made available through the Sites (collectively, the “Products”), apply for a job, communicate with us via third party social media sites, request customer support or otherwise communicate with us.
The types of information we may collect from you include:
(a) Account Information, such as your name, email address, password, postal address, phone number, subscription, delivery and dietary preferences and any other information you choose to provide;
(b) Transaction Information, such as information about the Products you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store limited payment information from you, such as payment card type and expiration date and the last four digits of your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor.
(c) Information About Others, such as the names and email addresses of gift recipients when you purchase gifts through the Sites or invite friends or family to try the Sites or Products.
(d) Other Information You Choose to Provide, such as when you participate in a survey, contest, promotion or interactive area of the Sites or when you request technical or customer support.
Information We Collect Automatically
When you access or use the Sites, the types of information we may automatically collect about you include:
(a) Log Information: When you visit the Sites, our servers automatically record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the Sites.
(b) Mobile Device Information: We collect information about the mobile device you use to access or use the Sites, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications. With your consent, we may also collect information about the location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the Sites. For more information about how you can control the collection of location information and/or our access to other applications on your device, please see “Your Choices” below.
(c) Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Sites, including information about your browsing and purchasing behavior. Cookies are small data files stored on your hard drive or in device memory that help us improve the Sites and your experience, see which areas and features of the Sites are popular, and count visits. Web beacons are electronic images that may be used in the Sites or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information about you from other sources and combine that with information we collect directly. For example, we may collect information about you when you post content to our pages or feeds on third party social media sites, or if you use credentials (e.g., username and password) from a third party site to create or log into your MilkMade Account.
Use of Information
We may use information about you for various purposes, including to:
(a) Provide, maintain and improve the Sites and Products;
(b) Manage your account and send you related information, including confirmations, updates, technical notices, security alerts and support and administrative messages;
(c) Respond to your comments, questions and requests and provide customer service;
(d) Communicate with you about the Sites, Products, recipes, services, offers, surveys, events and other news and information we think may be of interest to you;
(e) Monitor and analyze trends, usage and activities in connection with the Sites;
(f) Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of MilkMade and others;
(g) Personalize and improve the Sites and provide advertisements, content and features that match your profile or interests;
(h) Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
(i) Link or combine with information we get from others to help understand your needs and provide you with a better experience; and
(j) Carry out any other purpose for which the information was collected.
MilkMade is based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
(a) With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;
(b) When you participate in the interactive areas of the Sites or interact with us on third party social media sites, certain information that you provide may be displayed publicly, such as your name, photos and other information you choose to provide;
(c) In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, rule, regulation or legal process;
(e) In connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing;
(f) Between and among MilkMade and any current or future parent, subsidiary and/or affiliated company; and
(g) With your consent or at your direction.
We also may share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features
The Sites may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let you share actions you take on the Sites with other media. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
MilkMade takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to or from us over the Internet. In particular, email sent to or from the Sites may not be secure, and you should therefore take special care in deciding what information you send to us via email.
You may update, correct or modify information about you at any time by logging into your online account or by emailing us at firstname.lastname@example.org. If you wish to deactivate your account, please email us at email@example.com, but note we may continue to store information about you as required by law or for legitimate business purposes.
With your consent, we may collect information about your actual location when you use our mobile applications. You may stop the collection of this information at any time by changing the settings on your mobile device, but note that some features of our mobile applications may no longer function if you do so.
Native Applications on Mobile Device
Some features of our mobile applications may require access to certain native applications on your mobile device, such as the camera and photo storage applications (e.g., to take and upload photos) and the phonebook application (e.g., to send invitations to your contacts to try the Sites or Products). If you decide to use these features, we will ask you for your consent prior to accessing the applications and collecting information. Note that you can revoke your consent at any time by changing the settings on your device.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Sites.