READ THESE TERMS AND CONDITIONS CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE AND SERVICES PROVIDED BY NATURE DELIVERED INC. AND NATURE DELIVERED LTD (collectively, the “Company,” “Graze,” “we,” “us,” or “our”). In these terms and conditions “you” and “your” means our customer or prospective customer (and that customer or customer’s heirs, assigns, or successors). IMPORTANT NOTICE: THESE TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS 18, 19 AND 20.
BY ACCEPTING THESE TERMS, UNLESS YOU OPT OUT UNDER SECTION 18, YOU AND GRAZE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS YOU OPT OUT UNDER SECTION 18, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your right under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (see Sections 18, 19, 20).
1. agreement to terms and conditions
2. changes to terms
3. other applicable terms
4. acceptable conduct
Without limiting the generality of these Terms, in using the Services, you specifically agree not to engage in any activity that, in our sole discretion:
- Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent or incited violence, inflammatory, or otherwise objectionable;
- Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
- Is illegal, violates or encourages any conduct that would violate any applicable international, federal, state, or local law, rule, statute, or regulation, or would give rise to civil or criminal liability;
- Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- Attempts to impersonate another person or entity;
- Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, or other advertising materials;
- Falsely states, misrepresents, or conceals your affiliation with another person or entity;
- Accesses or uses the account of another user without permission;
- Distributes computer viruses or other code, files, or programs that interrupt, destroy, limit or interfere with the functionality of any computer software or hardware or electronic communications equipment;
- Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
- “Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else;
- Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
- Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
- Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access;
- Collects, accesses, or stores personal or private information about other users;
- Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
- Attempts to do any of the foregoing.
If you believe content on the Services violates the above restrictions, please contact us at shop.us.graze.com. You acknowledge that we have no obligation to monitor your access to or use of the Site for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Site (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.
5. intellectual property rights
All information, content, services and software displayed on, transmitted through, or used in connection with the Services, along with all copyrights, patents, trademarks, and any other intellectual property rights contained within the Site and/or Services is owned by Nature Delivered, Graze.com, and/or any of their respective affiliates or related companies, employees, agents, content providers, suppliers, or licensors (collectively, the “Graze Parties”). Our provision of the Services to you does not transfer to you, or any third party, any rights, title or interest in or to these intellectual property rights. Subject to the Terms, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to use the Site and Services for your personal and non-commercial use. You may not reproduce, display, transmit, license, lease, rent, sell, transfer, assign, distribute, create derivative work from, translate, modify, reverse engineer, disassemble, decompile or otherwise exploit the Site or Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in writing and in advance. Any breach of the Terms will result in the immediate revocation of the license granted in this paragraph without notice to you.
6. availability and accuracy of site
Although we aim to offer you the best service possible, we make no promise that the Site or Services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the Services, please report it to us (see below for contact details) and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new products or services. We will restore the Service as soon as we reasonably can. In the event that our Site is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at email@example.com. Please also note that while we attempt to be as accurate as possible in the description of products on the Site and the prices for those products, Graze does not warrant that product descriptions and prices or other content on the Site are accurate, complete, reliable, current or error-free.
7. order process
To enter into a contract through this website to purchase products from us, the following steps must be taken:
- You must add the products you wish to purchase to your basket;
- You will then need to go to your basket and follow the on-screen steps (including providing payment and delivery information) to complete your order.
Our order process allows you to check and amend your order before submitting it to us. Orders may be processed as soon as they are received so you may not be able to change or cancel an order once it has been confirmed. We cannot accept responsibility if incorrect order details are given. We will then either send you an order confirmation by email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. Graze subscriptions should be ordered, managed and cancelled by registering and logging into our separate subscription website located at www.graze.com/us/subscribe. By creating an account, you are confirming that you are 18 years of age or older.
All products shown on our Site are subject to availability. If any product you have ordered is not available, we will contact you to let you know and, if appropriate, we will refund your payment. The images of the products on our Site are for illustrative purposes only and the products you receive may vary slightly from those images on the Site. We may periodically change the products available on our Site, and we do not undertake or guarantee to continue to supply any particular product or type of product. We will provide you with information about each product’s ingredient and nutritional information. This information will also be shown on each product’s “full ingredients” on our Site; our multi packs and selection packs will come with a pamphlet containing this information and bags have ingredient and allergen information printed on them. We specifically disclose when our products contain several common allergens, including peanuts, tree nuts, wheat, milk, soybeans (soya), egg. However, all of our products are prepared in the same environment, thus we are unable to guarantee that there has not been any cross contamination with any one ingredient. The nutrition information contained in this list of Nutrition Facts is based on our current data. However, because the data may change from time to time, this information may not always be identical to the nutritional label information of products on the Site. If you have a subscription order with us via the Site www.graze.com/us?subscribe=trueany ratings or dietary filters that you have chosen to be applied to your subscription snacks will not be applied to snacks purchased from this Site; therefore, please make sure that our snacks are suitable for you before you place your order.
Our prices are quoted on our Site. Prices for our products are as quoted on our Site however, prices listed on our Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error we shall have the right, prior to the acceptance of your order to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled we shall issue a refund to your credit card account in the amount of the charge.
10. free or discounted offers
Free or discounted introductory offers are only available to new users of the Services; except where expressly stated, previous trial users of the Services do not qualify for an additional special free or discounted offers. Free or discounted offers are available only once to any one person. Discounts and credits cannot be used in conjunction with any other offers. You must have internet access and valid payment details to redeem a free or discounted offer. Only graze vouchers specifying that they can be used on this Site are valid for use on the Site. Graze reserves the right to vary the conditions of use or to withdraw vouchers, discounts and credits at any time.
You must, during the checkout process, pay the prices of the products you order. Payments will be processed via PayPal. Payment is taken for all orders prior to the order being dispatched so please ensure that all details given to us are correct. We cannot accept responsibility for an order being held back as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details are given and the order is sent to an incorrect address.
Our policies and procedures relating to the delivery of products are set out in this Section 12. We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. We always ship to the exact address details you enter, so make sure to check you’ve given us the correct information before you place your order. If you’re unsure, try the Post Office address finder as we can’t accept liability for late or failed deliveries due to an incorrect address. Our shipping charges are as follows:
- a standard shipping charge of $4.25 will apply to orders of $20.00 or less
- no standard shipping charges will apply to orders over $20.00
- standard shipping is not available to Alaska or Hawaii
Standard shipping outside of continental US:
- we are not able to ship to APO/FPO/DPO addresses
- we are not able to ship internationally
- we are not able to ship to Guam, Puerto Rico or US territories
We will use reasonable efforts to deliver your products within 3-10 days following the date of the order confirmation; however, we do not guarantee delivery by this date. We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation. You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes. We reserve the right to use alternative delivery methods without prior notification. If your box does not arrive, please let us know. If your box does not fit in your mailbox and you are out when it is delivered, your postal carrier should leave a card at the address with information about collection or redelivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this process has not been followed. If you have not received your snacks and have not been left a card to say that the delivery has been attempted, please contact your local Post Office to check whether they have the box. If the Post Office is not holding the box for you, please contact us on firstname.lastname@example.org to report the problem. A reasonable allowance of time will need to be made for any delivery delays before we are able to take action. If at point of order you were advised that your order would be sent via a different postal method then please contact email@example.com for any queries about delays to your order. We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
13. cancellations, returns and refunds
We strive to deliver our snacks to you in perfect condition, however if your snacks arrive damaged or faulty, then we always want to know about it. Please contact our customer services team on firstname.lastname@example.org. We retain the right to request a return of any faulty goods by certified delivery to: Graze.com, 36 W 25th St, Suite 300, New York, NY 10010.
Any faulty products will be inspected. If we request return via certified mail then we will pay for the cost of the postage on provision of the postage receipt. If we agree that we are at fault, a full refund will be given for the returned goods. If a refund is agreed, we will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. Nothing in this section affects your legal rights. Unfortunately, damaged and faulty products are the only reasons for which we can offer a refund or replacement for our snacks. Due to the perishable nature of our snacks, you do not otherwise have a right to cancel your order or any contract between us and we are not otherwise able to offer refunds or allow for a return of those items. We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any technical error, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack, war or similar force majeure event. We reserve the right to immediately terminate the Terms for any reason. Upon termination, you shall immediately cease all access to and use of the Site and Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site and Services in whole or in part. Any shall not affect the respective rights and obligations (including without limitation, payment obligations) arising before the date of termination. We will not have any liability whatsoever to you for any termination of the Terms, including for termination of your account or deletion of your User Material, as defined herein.
14. general disclaimer and limitation of liability
USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NATURE DELIVERED, GRAZE.COM, AND/OR ANY OF THEIR AFFILIATES OR RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SUPPLIERS, OR LICENSORS (THE “GRAZE PARTIES”) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, SERVICES, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE AND/OR SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED.
Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you. The information on the Services is general in nature and is not intended as a substitute for medical health advice. Graze makes no representation as to the accuracy of the information and assumes no liability for any damages or loss arising from the use thereof. All information is provided "as is" without warranty of any kind. Graze does not represent or warrant that use of any information contained on the Services will not infringe rights of third parties. Graze has no responsibility for actions of third parties or for content provided or posted by others, or for any damage to, or virus that may infect, your computer equipment or other property. The Services may contain inaccuracies or typographical errors. Changes are periodically made to the Services. Graze may make improvements, modifications and/or changes to the Services at any time without notice.
IN NO EVENT SHALL THE GRAZE PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO YOUR CONSUMPTION OF ANY OF OUR PRODUCTS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE GRAZE PARTIES BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100, OR THE AMOUNT PAID BY YOU DURING THE PREVIOUS YEAR, WHICHEVER IS HIGHER.
The foregoing limitation of liability is not applicable to residents of New Jersey. With respect to residents of New Jersey, the Graze Parties are not liable for any damages unless such damages are the result of our negligent or reckless acts or omissions; and the Graze Parties are not, in any case, liable for indirect, incidental, special, consequential or punitive damages.
Some other jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any court or arbitrator holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE GRAZE PARTIES FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE AND/OR SERVICES; (2) THE GRAZE PARTIES’ USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THE TERMS; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THE TERMS BY YOU.
If you are a resident of New Jersey, the above indemnification provision shall apply only to the extent claims arise from or relate to your misuse of the Site or the Services in a manner that is a violation of the Terms.
In all cases, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
16. user material
“User Material” refers to all information and content that a user submits or enters to the Site or Services (including text, files, images, photos, video, sounds and musical or literary works). You are solely responsible for your User Material and assume all risks associated with use of your User Material. We do not necessarily endorse any opinion contained in such material and we make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law. We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this Site, particularly where User Material breaches the Terms and we may do this with or without giving you any prior notice. Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (e.g., copyright, trademark or patent), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law; and is not otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person. Please note that we are not obligated to backup any User Material and it may be deleted at any time. You acknowledge that we have no obligation to monitor your – or anyone else’s – access to or use of the Services or User Material for violations of the Terms, or to review or edit any User Material. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
17. user feedback
If you provide us with any feedback, suggestions, ideas or information regarding the Services (“Feedback”), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.
18. disputes/arbitration - please read this section carefully - it may significantly affect your legal rights, including your right to file a lawsuit in court
Graze and you agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
In the event of a dispute, claim, or controversy arising out of or in connection with your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services, Graze or you must give the other notice of the dispute, claim, or controversy which notice will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested. You must send any such notice to Graze by email to email@example.com AND by U.S. Mail to Privacy Officer, Graze.com, 36 W 25th St, Suite 300, New York, NY 10010. To the extent that Graze has your contact information, it will send any such notice to you by U.S. Mail, or otherwise to your email address. Graze and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent. Graze and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 30 days, Graze or you may resort to the other dispute resolution alternatives described in this Section. Notwithstanding the foregoing, the notice and 30 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Graze and you arising under these Terms or in connection with your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services, if unresolved through informal discussions within thirty (30) days of receipt of notice, shall be resolved by binding arbitration to be held in the state in which you reside. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site or Services shall not be subject to arbitration.
For residents outside the United States, arbitration shall be initiated in the state of New York and Graze and you agree to submit to the personal jurisdiction of any state or federal court in New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at www.jamsadr.com or by calling JAMS at 1-800-352-5267 (referred to as the “JAMS Rules”) and under the rules set forth in these Terms.
Graze shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, but not limited to attorney's fees and expert witness costs unless Graze is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the JAMS Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Graze and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Graze and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. Notwithstanding the foregoing, Graze and you agree not to seek any attorney's fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Graze and you understand that, absent this mandatory arbitration provision, Graze and you would have the right to sue in court and have a jury trial. Graze and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If the arbitrator awards you an amount higher than the last written settlement amount offered by Graze in settlement of the dispute prior to the award. Graze will pay you the higher of: (i) the amount awarded by the arbitrator; or (ii) $5,000.
If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the JAMS Rules.
You may choose to pursue your claim in small claims court where jurisdiction and venue over Graze and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to via firstname.lastname@example.org AND by U.S. Mail to Privacy Officer, Graze.com, 36 W 25th St, Suite 300, New York, NY 10010. The notice must be sent within the later of 30 days of your first use of the Services or registration with the Services, or within 30 days of changes to this section being announced on the Services, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of these paragraphs. If you opt-out of these arbitration provisions, Graze also will not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Services will be deemed to be your irrevocable acceptance of these arbitration provisions and any changes/updates to this section or otherwise.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Graze and you agree to waive, to the fullest extent allowed by law, any trial by jury.
The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Graze to the extent that any such claims arise out of your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services.
19. class action waiver - please read this section carefully - it may significantly affect your legal rights
Graze and you agree that Graze and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms or otherwise in connection with the Site or Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Graze and you further agree that Graze and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Site or Services. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal or state court located in New York, NY. The terms of this provision will also apply to any claims asserted by you against any of the Graze Parties to the extent that any such claims arise out of your access to, and/or use of the Site or Services, and/or the provision of content, services, and/or technology on or through the Site or Services.
20. changes to sections 18 or 19