Welcome to Mindful Creations, LLC and our Terms and Conditions (“Terms”). These Terms are
important and affect your legal rights, so please read them carefully. Note that Section 13 of these
Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual
basis and limits the remedies available to you in the event of certain disputes for future and past
By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided
by Mindful Creations, LLC (collectively, “Mindful Creations, LLC,” “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
products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have
with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any
entity, you represent and warrant that you are authorized to accept these Terms on such entity’s
behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Mindful Creations, LLC reserves the right to change or modify these Terms at any time and 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. By continuing to access or use the Sites or order, receive or
use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated
therein by reference. We encourage you to review the Terms frequently to ensure that you
understand the terms and conditions that apply when you access or use the Sites or order, receive
or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites
or order, receive or use the Products.
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
Mindful Creations, LLC 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, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Sites, you will need to register for a
Mindful Creations, LLC account. By creating an account, 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 you agree to accept
responsibility for all activities that occur under your account or password and (d) immediately notify
us if you discover or otherwise suspect any security breaches related to the Sites or your account.
When you create your Mindful Creations, LLC account you may be asked for your home telephone
and cellular telephone number so that we may contact you regarding important information about
your service and account, and to provide special offers to our customers. By providing your home
and/or mobile telephone numbers you consent to receive autodialed and/or pre-recorded calls (or
text messages if you provide your mobile telephone number) from or on behalf of Mindful Creations,
LLC regarding important information about your service and account, and to provide special offers to
our customers to the telephone number(s) provided.
By creating a Mindful Creations, LLC account, you also consent to receive electronic
communications from Mindful Creations, LLC (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.
TERMS OF SALE
4.1 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 Mindful Creations, LLC account, you can do so at any time by logging into your account
and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your
Subscription, 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.
4.2 Pricing and 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, or to discontinue offering certain products. 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 changes from time to time. If you
are not satisfied with an order, please contact us at firstname.lastname@example.org.
You are responsible for inspecting all Products you receive from us for any damage or other issues
upon delivery. If you have any reason to believe that any other 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 refrigerate all
perishable Products upon delivery. From the time of delivery, the condition and consumption of the
Products are solely at your risk, and you are solely responsible for the proper and safe washing,
handling, preparation, storage, cooking, use and consumption of the Products following delivery. Our
delivery driver will deliver your products at the set time and place of delivery. Depending on the
season and temperature in your geographic area at the time of delivery, advance planning by you
should be made for proper storage of your products prior to consumption.
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 Order is not feasible, we will cancel your Order for the period so affected and issue you a credit
or refund of the purchase price for that delivery.
4.4 No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
4.5 Product Descriptions
Mindful Creations, LLC attempts to be as accurate as possible. However, Mindful Creations, LLC
does not warrant that product descriptions, photos, or other content of any product is accurate,
complete, reliable, current, or error-free. We at Mindful Creations, LLC are farmers and know that
farmers cannot grow items that are all perfect and all exactly uniform. For this reason, weights
displayed are approximate and intended to communicate approximate amounts of produce that you
4.6 Returns and Refunds
If you are dissatisfied with any product, please contact us at firstname.lastname@example.org within 48 hours
of your delivery. We do not offer refunds for our products but will work with you to ensure you are
LICENSE TO ACCESS AND USE OUR SITES AND CONTENT
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained
therein, including, without limitation, the Mindful Creations, LLC logo and all designs, text, graphics,
pictures, information, data, software, sound files, other files and the selection and arrangement
thereof (collectively, “Content”) are the proprietary property of Mindful Creations, LLC.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless
Mindful Creations, LLC, and our respective past, present and future employees, officers and
directors, (individually and collectively, the “Mindful Creations, LLC Parties”), from and against all
actual or alleged Mindful Creations, LLC 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 Mindful Creations, LLC of any third-party Claims and
cooperate with the Mindful Creations, LLC Parties in defending such Claims. You further agree that
the Mindful Creations, LLC 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 Mindful Creations, LLC.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING,
PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU
RECEIVE FROM US. 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.
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
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.
LIMITATION OF LIABILITY, RELEASE
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDFUL
CREATIONS, LLC OR ANY OF THE OTHER MINDFUL CREATIONS, LLC PARTIES BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME
OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR
SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY
WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER,
RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS
(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM MINDFUL CREATIONS,
LLC, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS,
ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR
TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO MINDFUL CREATIONS, LLC’S RECORDS, PROGRAMS OR
SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE,
PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE
THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
MAXIMUM AGGREGATE LIABILITY OF MINDFUL CREATIONS, LLC AND THE OTHER MINDFUL
CREATIONS, LLC PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A)
THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM MINDFUL CREATIONS,
LLC EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR
USE OF PRODUCTS, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE
GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD
IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF
THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE MINDFUL
CREATIONS, LLC AND THE OTHER MINDFUL CREATIONS, LLC PARTIES’ SOLE LIABILITY
AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION,
WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE
NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR
ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR
HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES,
HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE MINDFUL CREATIONS, LLC
AND THE OTHER MINDFUL CREATIONS, LLC PARTIES FROM AND AGAINST, AND
COVENANT NOT TO SUE ANY SUCH MINDFUL CREATIONS, LLC PARTY FOR, ALL CLAIMS
YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or
limitations of liability for personal injury from consumer products, so this limitation may not apply to
personal injury claims.
MODIFICATIONS TO THE SITES AND PRODUCTS
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or
permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time
and without liability therefor.
GOVERNING LAW AND VENUE
These Terms, your access to and use of the Site and your order, receipt and use of the Products
shall be governed by and construed and enforced in accordance with state laws without regard to
conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that
would cause the application of the laws of any other jurisdiction. Any Dispute between the parties
that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the
state or federal courts of the State of Washington and the United States, respectively, sitting in the
State of Washington, County of King.
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.
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
We make no representation that information on this Site is appropriate or available for use outside
the United States. Those who choose to access this Site from outside the United States do so on
their own initiative and are responsible for compliance with local laws, if and to the extent local laws
These Terms constitute the entire agreement between you and Mindful Creations, LLC relating to
your access to and use of the Site and your order, receipt and use of Products. These Terms, and
any rights and licenses granted hereunder, may not be transferred or assigned by you without the
prior written consent of Mindful Creations, LLC. No waiver of any provision of these Terms will
constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and
Mindful Creations, LLC’s failure to assert any right or provision under these Terms shall not
constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are
intended solely for the benefit of the parties and are not intended to confer third-party beneficiary
rights upon any other person or entity.
Mindful Creations April 17, 2019