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Electric Deli LLC: Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING ANY PRODUCTS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT USE OUR WEBSITE OR PURCHASE OUR PRODUCTS.

1. Agreement to Terms

1.1  These Terms constitute a legally binding agreement between you (“you,” “your,” or “Customer”) and Electric Deli LLC, a Delaware limited liability company (“Electric Deli,” “we,” “us,” or “our”). These Terms govern your access to and use of our website at [www.electricdeli.com] (the “Site”), all related services, features, content, and functionality offered on or through the Site (collectively, the “Services”), and any products purchased through the Site (the “Products”).

1.2  By accessing or using the Site, creating an account, placing an order, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy [link], which is incorporated herein by reference.

1.3  We reserve the right to update, modify, or replace any part of these Terms at any time by posting the revised Terms on the Site. The “Last Updated” date at the top of these Terms indicates when the most recent changes were made. Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of those changes.

1.4  Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference.

2. Eligibility and Account Terms

2.1  Age Requirement.  You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to use the Services or purchase Products.

2.2  Account Registration.  When you register, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security and confidentiality of your login credentials; and (d) promptly notify us at contact@electricdeli.com if you discover or suspect any unauthorized access to or use of your account.

2.3  Account Responsibility.  You are solely responsible for all activity that occurs under your account and for all charges incurred through your account. You may not transfer, sell, or assign your account to any other person or entity.

2.4  Account Termination.  We reserve the right to suspend, disable, or terminate your account and/or your access to the Services at any time, in our sole discretion, for any reason or no reason, including but not limited to any violation of these Terms.

3. Products, Orders, and Pricing

3.1  Product Descriptions.  We make reasonable efforts to display our Products accurately on the Site. However, many of our Products are artisanal and handcrafted, and product characteristics — including appearance, flavor profile, texture, weight, and packaging — may naturally vary from batch to batch and from what is depicted on the Site. We do not warrant that Product descriptions, images, or other content on the Site are accurate, complete, current, or error-free.

3.2  Pricing.  All prices are listed in U.S. dollars and are subject to change without notice. We reserve the right to correct any errors in pricing and to cancel any orders placed at an incorrect price.

3.3  Order Acceptance.  Your placement of an order constitutes an offer to purchase. All orders are subject to acceptance by Electric Deli. We reserve the right, in our sole discretion, to refuse or cancel any order for any reason, including but not limited to product availability, pricing errors, suspected fraud, or orders placed by dealers or resellers.

3.4  Payment.  You agree to pay all charges incurred through your account at the prices in effect when such charges are incurred, including all applicable shipping fees and taxes.

3.5  Availability and Territory.  Products are available for purchase and delivery within the contiguous United States only, unless otherwise specified. We reserve the right to limit the quantities of any Products offered and to discontinue any Product at any time.

3.6  Personal Use Only.  You represent and warrant that all Products purchased through the Site are for your own personal or household use and not for resale, export, or commercial redistribution.

4. Shipping and Delivery

4.1  Shipment Contract.  All purchases of Products from Electric Deli are made pursuant to a shipment contract. Title to and risk of loss for Products pass to you upon our delivery of the Products to the shipping carrier. Electric Deli is not liable for any damage, loss, or delay that occurs after the Products have been delivered to the carrier.

4.2  Shipping Estimates.  Any shipping or delivery dates displayed on the Site are estimates only and are not guaranteed. We are not responsible for delays caused by circumstances beyond our reasonable control, including but not limited to carrier delays, weather conditions, natural disasters, public health emergencies, labor disputes, or incorrect shipping information provided by you.

4.3  Shipping Address.  You are responsible for ensuring that your shipping address and all delivery information are accurate and complete at the time of order placement. If you need to modify a delivery address after an order has been placed, contact us promptly at contact@electricdeli.com.

4.4  Delivery and Receipt.  You are responsible for promptly retrieving and securing your Products upon delivery. Any individual at the delivery address who accepts delivery is conclusively presumed to be authorized to receive the delivery on your behalf.

4.5  Shelf-Stable Products.  While our Products are shelf-stable, we recommend that you store all Products in accordance with any instructions printed on the Product packaging. We are not responsible for any deterioration in Product quality resulting from improper storage after delivery.

4.6  Inspection Upon Receipt.  If your order arrives damaged, with missing items, or with apparent quality issues, please contact us within seven (7) days of delivery at contact@electricdeli.com with your order number, a description of the issue, and photographs of the affected Products and packaging.

5. Returns, Refunds, and Quality Guarantee

5.1  All Sales Are Final.  Due to the nature of food products, all sales are final. Electric Deli does not accept returns on any Products. We cannot accept returns, refunds, or exchanges based on personal taste, flavor preferences, or subjective dissatisfaction with Product characteristics.

5.2  Electric Deli Quality Commitment.  If you receive a Product that is damaged during shipping, is materially different from its description, or has a verifiable quality defect, please contact us within seven (7) days of delivery at contact@electricdeli.com with: (a) your order number; (b) a description of the issue; and (c) photographs clearly showing the problem. We will review your claim and, at our sole discretion, may offer a replacement, store credit, or refund of the purchase price of the affected Product(s).

5.3  Exclusions.  Our Quality Commitment does not apply to: (a) Products opened, partially consumed, or discarded before contacting us; (b) Products damaged after delivery to the carrier; (c) Products delivered to an incorrect address provided by the Customer; (d) claims submitted more than seven (7) days after delivery; or (e) subjective complaints about taste, aroma, or appearance within the natural variation of artisanal food products.

5.4  Sole Remedy.  Any replacement, store credit, or refund issued under Section 5.2 constitutes your sole and exclusive remedy and Electric Deli’s entire liability with respect to any Product quality issue.

6. Food Safety and Handling

6.1  Customer Responsibility.  You are solely responsible for the proper handling, storage, preparation, and consumption of all Products you receive from Electric Deli.

6.2  Storage and Handling.  Although our Products are shelf-stable, they should be stored in accordance with the instructions on the Product packaging. We are not responsible for any adverse effects resulting from failure to follow storage or handling instructions.

6.3  Consumption Advisory.  Always read Product labels and packaging before consumption. We recommend that at-risk individuals (including pregnant women, young children, older adults, and individuals with compromised immune systems) follow the U.S. Food and Drug Administration’s guidelines on food consumption.

6.4  No Medical Advice.  The information provided on the Site, including editorial content, blog posts, recipes, and nutritional information, is for general informational and entertainment purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment.

6.5  Regulatory Disclaimer.  Product information displayed on the Site is provided for convenience and may not reflect the most current Product formulations or labeling. In the event of a discrepancy, the information on the physical Product packaging shall control. Statements regarding dietary supplements or specific nutrients have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

7. Allergen Disclaimer

7.1  Allergen Notice.  Our Products may contain or may have been manufactured in facilities that also process one or more of the following major allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame. We cannot guarantee that cross-contamination has not occurred during manufacturing, packaging, or shipping, and we cannot guarantee that any Product is free from any particular allergen.

7.2  Customer Responsibility for Allergens.  You are solely responsible for knowing about any food allergies, sensitivities, or dietary restrictions that you or any intended recipient may have, and for reviewing all Product packaging, labels, and ingredient lists before handling, preparing, or consuming any Product. Do not rely solely on the information displayed on the Site — always read the physical Product label.

7.3  No Allergen Guarantee.  Electric Deli does not represent, warrant, or guarantee that any Product is free from allergens. We expressly disclaim any and all liability for adverse reactions, allergic responses, illness, or injury resulting from the consumption of any Product, to the fullest extent permitted by applicable law.

7.4  Contact Us.  If you have specific allergen questions regarding any Product, please contact us at contact@electricdeli.com before placing your order.

8. Intellectual Property

8.1  Ownership.  The Site and its entire contents, features, and functionality — including but not limited to all text, articles, recipes, editorial content, photography, graphics, illustrations, video, audio, software, code, design elements, logos, icons, trademarks, trade dress, and the “look and feel” thereof (collectively, “Content”) — are owned by Electric Deli LLC, its licensors, or other providers of such material, and are protected by United States and international intellectual property laws.

8.2  Limited License.  Subject to your compliance with these Terms, Electric Deli grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Content solely for your personal, non-commercial use. This license does not include the right to modify, reproduce, distribute, display, create derivative works from, or use the Site or Content for any commercial purpose without our prior written consent.

8.3  Trademarks.  “Electric Deli,” the Electric Deli logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Electric Deli LLC. You may not use any Electric Deli marks without our prior written permission.

8.4  Copyright Complaints.  If you believe that any Content on the Site infringes your copyright, please send your DMCA compliance notice by email to contact@electricdeli.com. We will respond to valid notices in accordance with applicable law, including by removing or disabling access to the allegedly infringing material.

9. User Content

9.1  User Submissions.  The Site may allow you to submit, post, or share content, including product reviews, comments, photographs, recipes, and other materials (“User Content”). You retain ownership of your User Content, but by submitting User Content to the Site, you grant Electric Deli a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from your User Content for any purpose, including marketing and promotional purposes.

9.2  Representations.  You represent and warrant that: (a) you own or otherwise control all rights to your User Content; (b) your User Content is accurate and not misleading; (c) your User Content does not violate these Terms or any applicable law; and (d) your User Content will not cause injury to any person or entity.

9.3  Moderation.  We reserve the right, but have no obligation, to review, monitor, edit, or remove any User Content at our sole discretion, for any reason or no reason, without notice.

10. Prohibited Uses

10.1  You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms. Without limiting the foregoing, you agree not to:

(a) Violate any applicable federal, state, local, or international law or regulation;

(b) Provide false, inaccurate, or misleading information or impersonate any person or entity;

(c) Engage in conduct that restricts or inhibits any other user’s use or enjoyment of the Site;

(d) Engage in any fraudulent purpose, including placing orders with fraudulent payment information;

(e) Attempt to gain unauthorized access to or damage any part of the Site;

(f) Use any robot, spider, scraper, or other automated means to access the Site without our express written permission;

(g) Introduce any viruses, Trojan horses, worms, or other malicious material;

(h) Reverse engineer or decompile any software used to provide the Services;

(i) Purchase Products for resale or commercial redistribution without our prior written consent; or

(j) Use the Site for competitive analysis or to build a competing product or service.

10.2  Violation of these prohibited uses may result in immediate termination of your account without refund, and we reserve the right to pursue any available legal remedies.

11. Third-Party Content, Links, and Services

11.1  Third-Party Content.  Electric Deli does not control, endorse, or adopt any third-party content, and we make no representations or warranties regarding the accuracy, completeness, or usefulness of any third-party content.

11.2  Third-Party Links.  The Site may contain links to third-party websites or resources. These links are provided for your convenience only, and you access them at your own risk. Electric Deli is not responsible or liable for any damage, loss, or harm arising from your use of any third-party site.

11.3  Third-Party Vendors.  Certain Products available through the Site may be manufactured or supplied by third-party vendors or artisan producers. While we carefully select our vendor partners, Electric Deli cannot independently verify every claim made by third-party manufacturers.

11.4  No Endorsement.  References to any third-party products, services, or information do not constitute endorsement, sponsorship, or recommendation by Electric Deli.

12. Editorial Content and Media

12.1  The Site features editorial content, articles, recipes, interviews, product reviews, and other food media (“Editorial Content”). Editorial Content is provided for informational and entertainment purposes only and does not constitute professional advice of any kind, including medical, nutritional, dietary, legal, or financial advice.

12.2  Recipes and preparation instructions are suggestions only. Results may vary depending on ingredients, equipment, technique, and other factors. You are solely responsible for the safe preparation and consumption of food prepared using any recipe or guidance found on the Site.

12.3  Opinions expressed in Editorial Content are the opinions of the individual authors and do not necessarily reflect the views of Electric Deli. Sponsorship or affiliate relationships will be disclosed where required by law.

13. Disclaimer of Warranties

13.1  “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, CONTENT, AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ELECTRIC DELI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

13.2  WITHOUT LIMITING THE FOREGOING, ELECTRIC DELI MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) PRODUCT DESCRIPTIONS, IMAGES, INGREDIENT LISTS, NUTRITIONAL INFORMATION, OR ALLERGEN INFORMATION DISPLAYED ON THE SITE ARE ACCURATE, COMPLETE, OR CURRENT; OR (D) ANY ERRORS ON THE SITE WILL BE CORRECTED.

13.3  YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ELECTRIC DELI OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13.4  Jurisdictional Limitations.  Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

14. Limitation of Liability

14.1  EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELECTRIC DELI LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “ELECTRIC DELI PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, OR PRODUCTS; (B) ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE; (C) ANY CONTENT OBTAINED FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, OR PRODUCTS — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ELECTRIC DELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2  AGGREGATE LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE ELECTRIC DELI PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, OR ANY PRODUCT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO ELECTRIC DELI FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

14.3  BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT ELECTRIC DELI HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THESE PROVISIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK, AND THAT THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ELECTRIC DELI.

14.4  Jurisdictional Limitations.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, the liability of the Electric Deli Parties shall be limited to the maximum extent permitted by law.

15. Indemnification

15.1  You agree to defend, indemnify, and hold harmless the Electric Deli Parties from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; (d) any User Content you submit or transmit through the Site; or (e) your negligent or wrongful conduct.

15.2  Electric Deli reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Electric Deli in asserting any available defenses.

16. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

16.1  Informal Resolution.  Before initiating any formal dispute resolution proceeding, you and Electric Deli agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or any Product (each, a “Dispute”) informally. To initiate informal resolution, you must send a written Notice of Dispute to Electric Deli by email at contact@electricdeli.com. The Notice must include your name, account information, a description of the Dispute, and the specific relief you seek. The parties agree to negotiate in good faith for a period of sixty (60) days from the date the Notice is received. If the Dispute is not resolved within this sixty-day period, either party may proceed to arbitration as set forth below.

16.2  Binding Arbitration.  If a Dispute is not resolved through informal negotiation, you and Electric Deli agree that any and all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that: (a) either party may assert individual claims in small claims court if the claims qualify; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

16.3  Arbitration Rules and Procedures.  The arbitration shall be administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect. The AAA Consumer Arbitration Rules are available at www.adr.org.

16.4  Arbitration Process.  The arbitration shall be conducted by a single arbitrator who shall have exclusive authority to resolve any Dispute. The arbitrator may award the same damages and relief on an individual basis that a court could award to an individual under these Terms and applicable law. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

16.5  Arbitration Location.  Unless you and Electric Deli agree otherwise, arbitration proceedings shall be conducted in the county where you reside, or, at your election, by telephone, videoconference, or based on written submissions.

16.6  Arbitration Fees.  Payment of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds that either the substance of your Dispute or the relief sought is frivolous or brought for an improper purpose, the arbitrator may reallocate fees in accordance with the AAA Rules.

16.7  CLASS ACTION WAIVER. YOU AND ELECTRIC DELI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR CONSOLIDATED PROCEEDING. UNLESS BOTH YOU AND ELECTRIC DELI AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

16.8  JURY TRIAL WAIVER. YOU AND ELECTRIC DELI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR ANY DISPUTE. YOU AND ELECTRIC DELI ARE INSTEAD ELECTING TO HAVE DISPUTES RESOLVED BY ARBITRATION, EXCEPT AS SPECIFIED IN SECTION 16.2.

16.9  Opt-Out Right.  You may opt out of this arbitration provision by sending written notice to Electric Deli by email at contact@electricdeli.com within thirty (30) days of your first use of the Services or your first purchase, whichever comes first. Your opt-out notice must include your name, mailing address, and email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision.

16.10  STATUTE OF LIMITATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, THE SERVICES, OR ANY PRODUCT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. ANY CLAIM NOT FILED WITHIN THIS PERIOD IS PERMANENTLY BARRED.

17. Governing Law and Jurisdiction

17.1  These Terms and any Dispute arising out of or related to these Terms, the Site, the Services, or any Product shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

17.2  For any Dispute not subject to arbitration (as permitted under Section 16), you and Electric Deli consent to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.

17.3  Consumer Protection Savings Clause.  Nothing in these Terms is intended to limit or override mandatory consumer protection laws of your state of residence that cannot be waived by contract. To the extent that the laws of your state of residence require the application of that state’s consumer protection statutes, those laws shall apply notwithstanding the governing law provision above.

18. General Provisions

18.1  Force Majeure.  Electric Deli shall not be liable or responsible for any failure or delay in performing any obligation under these Terms when and to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, flood, fire, earthquake, epidemic, pandemic, governmental actions, war, terrorism, labor disputes, carrier failures, supply chain disruptions, utility or telecommunications failures, cyberattacks, or any similar event.

18.2  Entire Agreement.  These Terms, together with our Privacy Policy and any other agreements or policies expressly incorporated by reference, constitute the entire agreement between you and Electric Deli with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and understandings.

18.3  Severability.  If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

18.4  No Waiver.  The failure of Electric Deli to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.5  Assignment.  You may not assign these Terms or any rights or obligations hereunder without the prior written consent of Electric Deli. Electric Deli may assign these Terms without restriction and without notice to you.

18.6  Notices.  Any notice required or permitted under these Terms shall be in writing and may be sent to Electric Deli by email at contact@electricdeli.com. Notices to you will be sent to the email or mailing address associated with your account.

18.7  Electronic Communications.  By using the Site and Services, you consent to receiving electronic communications from Electric Deli. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18.8  Headings.  The section headings in these Terms are for convenience only and have no legal or contractual effect.

18.9  Survival.  All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, and 18.

18.10  California Residents.  If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

18.11  New Jersey Residents.  Notwithstanding any terms set forth in these Terms, if any of the provisions set forth in these Terms are held to be unenforceable under New Jersey law, then any such provision shall not apply to you to the extent it is found to violate a clearly established legal right of a consumer under New Jersey law.

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