Terms of Service

Lēto Foods Terms of Use and Sale

Last updated:  May 22, 2021
 
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.
 

1. General Conditions and Definitions

This Terms of Use agreement (“Agreement”) describes the terms of your use of the website www.letofoods.com (“Site”). This Site is owned and operated by ADG Foods LLC d/b/a Lēto Foods, an Illinois limited liability company (referred to hereafter as “we,” “us,” or “Lēto Foods”). By accessing or otherwise using this Site you (“you”) agree to be bound by the terms of this Agreement and by the Lēto Foods Privacy Policy (“Privacy Policy”). If you do not agree with the terms of this Agreement and the Privacy Policy, or are legally unable to agree to these terms, then do not use this Site. Minors under the age of 18 may not use the Site. If you subscribe to Lēto Foods emails or blog posts or purchase from the Site, you represent that you are 18 years of age or older.
 

2. Updates to Agreement

Lēto Foods may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.
 

3. Site Accessibility and Security

You will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Lēto Foods will not be liable for any damages to, or viruses that might infect your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in Internet service that are beyond the control of Lēto Foods and Site maintenance. Lēto Foods will not be responsible for any data lost during Internet transmissions or your inability to access the Site.
 

4. Links to Third-Party Websites

This Site MAY contain links to third-party websites provided by other content providers. Lēto Foods expressly disclaims any representations regarding the content, quality, or reliability of third-party websites. You should review the applicable terms and policies, including privacy policy, of any site to which you navigate from this Site. See the Lēto Foods Privacy Policy for more information.
 

5. Privacy

Lēto Foods is committed to protecting the privacy of your information. See the Lēto Foods Privacy Policy for more information on Lēto Foods privacy practices.
 

6. Creating an Account

Our products currently are not available in retail stores. Our products are prepared by us, frozen, and shipped directly to you and are available for shipping only to specific zip codes (“Lēto Shipping Area”). The Lēto Shipping Area may change from time to time. Before you place an order with us, you may set up an online account via our website. If you choose to create an account, you must provide us with your address, which must be within the Lēto Shipping Area, an email address and create a password to establish your account.


 

7. Placing an Order

We have several one-time purchase options and subscriptions that automatically deliver products at a prescribed interval. All box options contain minimum order quantities. Some, but not all, options allow you to customize the mix of product flavors. We do not offer order cancelations; however, you may contact us at team@letofoods.com if you need to change your delivery week. All change requests must be submitted by midnight (Central Time) on the Friday before the upcoming delivery. It is your responsibility to ensure the accuracy and completeness of the information you enter when placing an order. If you do not enter complete and accurate information, we might not be able to provide you with the products you order. The shipping address you enter must be within the Lēto Shipping Area, or we will not be able to fulfill your order. 

If you have a subscription, all flavor selections on recurring orders must be made via email.


 

8. Pricing and Availability

All prices shown are in U.S. dollars and are subject to change without notice. Shipping and handling charges are included. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. Due to the nature of the Internet, it is not possible for us to restrict access to the Site only to those locations where we do business, but products offered on the Site are available for shipping only to the zip codes in the Lēto Shipping Area. You should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from us in a location where such products are not available for shipping. You must pay any sales taxes on the products, as required by your state and local governments.
 

9. Payment

Payment must be made through Shopify Payments. You may use only valid credit cards, Apple Pay, or Shop Pay to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically.
 

10. Refunds

We cannot accept returns or exchanges. We will consider refunds on a case-by-case basis only if (i) the product arrives damaged, (ii) there is a problem with a specific item, or (iii) the number of products delivered is incorrect. In order for us to process your request, you must submit the request within 14 days of the shipping date along with photographic evidence of the damage, problem with a specific item, or the number of products delivered. The request must be sent to team@letofoods.com.
 

11. Product Descriptions and Allergens

This Site contains descriptions of our products. We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, photograph, pricing, or other information is complete, current, or error-free. In the event of an error on the Site, we reserve the right to correct such error. We do not diagnose, prevent, or treat illnesses, and we do not make any claims as to the effectiveness of eating certain foods to cure or heal illnesses. The information presented on the Site should not be relied upon as a substitute for medical advice. Should you have any health care-related questions, please call or see your physician or other health care provider. Our products are produced in a facility that process peanuts, almonds, and coconut.
 

12. User Content

Lēto Foods is a distributor, not a publisher, of content provided by you. The Site may solicit you to review our products or share information for others to view and read (“User Content”). You agree to post only comments related to the use of our products and services. You agree not to post any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, infringing of publicity rights, or otherwise injurious to third parties. You may not post anything that discriminates based on race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, or military discharge status. You may not post any material that contains a virus, malware, or information about or images of children under the age of 13. You represent and warrant that you own or otherwise control all rights to the User Content and other information that you post on the Site, that it is true and accurate, does not violate this Agreement, and that you will indemnify Lēto Foods for all claims resulting from your User Content. You acknowledge that your User Content is public communication and may be read by others without your knowledge. By providing and/or posting User Content, you grant Lēto Foods a nonexclusive, royalty-free, sublicensable, perpetual, and irrevocable right to use, reproduce, adapt, publish, or distribute your User Content and to use your name with the User Content alone or as part of other works in conjunction with services offered by Lēto Foods in any form, media, or technology now known or developed in the future. Lēto Foods does not control or endorse any User Content and disclaims liability for any User Content posted by You or any OTHER PERSON. Lēto Foods reserves the right to disallow or remove any posting that, in Lēto Foods’ sole discretion, does not meet the requirements of this paragraph.
 

13. Trademarks and Copyrights

“Lēto Foods” and our logo are trademarks of Lēto Foods and all rights in these trademarks are expressly reserved. All material located on this Site is the exclusive property of Lēto Foods or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Lēto Foods or the copyright owner. Permission is granted to access, display, copy, and download the materials on this Site only for your personal use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material or our trademark. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.
 
If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.
 
Website Manager
Lēto Foods
855 N Skokie Hwy, Suite D, Lake Bluff IL 60044
team@letofoods.com
773-234-7390
 

14. Disclaimer of Warranty and Limitation of Liability

You expressly agree that use of this site is at your sole risk. THIS SITE AND ALL INFORMATION AND PRODUCTS DESCRIBED ON THIS SITE ARE PROVIDED BY LĒTO FOODS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Neither LĒTO FOODS nor any of its affiliates, employees, agents, or licensors make any REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
 
LĒTO FOODS DOES NOT WARRANT THAT THIS SITE OR EMAILS SENT FROM LĒTO FOODS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LĒTO FOODS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, special, indirect, incidental, consequential, or punitive damages, even if LĒTO FOODS has been advised of the possibility of such damages. the aggregate liability of LĒTO FOODS, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to these terms or the purchase or use of any products described on the site WILL BE LIMITED TO THE PRICE YOU PAID FOR THE PRODUCT GIVING RISE TO THE LIABILITY.
 
Warranties give you specific legal rights, and you may have other rights, which vary from state to state.
 

15. Indemnification

You agree to defend, indemnify, and hold harmless Lēto Foods, its affiliates, respective members, managers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.
 

16. Electronic Communication

You agree to receive communications from Lēto Foods in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Lēto Foods provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you establish a Lēto Foods account or become a subscriber to our emails or blog posts, you agree to receive from Lēto Foods promotional emails, newsletters, and administrative emails. See the Lēto Foods Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving Lēto Foods promotional emails.
 

17. Force Majeure

If a force majeure event requires postponement of your product delivery, we will contact you as quickly as possible and provide you with an update of the delivery date. Lēto Foods shall not be deemed in default with respect to any of the terms, covenants, or conditions of this Agreement if Lēto Foods’s failure to timely perform is due in whole or in part to a force majeure event. A “force majeure” event means a weather emergency, product shortage, strike, lockout, work stoppage, civil disorder, failure of power, insurrection, terrorism, bioterrorism, cyberterrorism, act of war, act of God, pandemic, governmental order, national emergency, or any other cause beyond the reasonable control of Lēto Foods.
 

18. Termination

Lēto Foods may terminate this Agreement and any subscriptions you have activated at any time for any reason without prior notice. Without limiting the foregoing, Lēto Foods will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 12, 13, 14, 15, 17, 19, 20, and 21 will survive termination of this Agreement.
 

19. Dispute Resolution

You agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement and our products will be determined exclusively by confidential, final, and binding arbitration in accordance with the then existing Commercial Rules of the American Arbitration Association before a single arbitrator, in Lake County, Illinois, and pursuant to the laws of the State of Illinois without reference to its conflict of laws provisions. Disputes, claims, and controversies subject to final and binding arbitration include, without limitation, all those that otherwise could be tried in court to a judge or jury in the absence of this agreement to arbitrate. By agreeing to submit all such disputes, claims, and controversies to binding arbitration, you expressly waive any rights to have such matters heard or tried in court before a judge or jury or in another tribunal. Any award will be final, binding, and conclusive upon the parties, subject only to judicial review provided by statute, and a judgment rendered on the arbitration award may be entered in any state or federal court having jurisdiction thereof. You should note that discovery rules, standards of evidence, rights to appeal, and procedural rules, among other things, differ in arbitration from the rules applicable in a civil trial. You agree that you can bring a claim or other action against us only in an individual capacity and not as a plaintiff or member of a class or in a representative action.
 

20. Statute of Limitations

You agree that regardless of any law to the contrary, any claim or cause of action arising out of this Agreement or the purchase of products through the Site must be filed within one (1) year after such a claim or cause of action arose or be forever barred.
 

21. Completeness and Severability

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Lēto Foods to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Lēto Foods of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.
 

22. Contacting Us

If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to team@letofoods.com.