Terms of Service

Welcome to Milo! These Terms of Service form a binding agreement (this “Agreement”) between Milo and you. Use of the Milo web site and the services we provide through our web site or our customer care phone number (together, the “Services”) are governed by these Terms of Service. By using our web site and accepting the Services, you agree to be bound by this Agreement.
 

  1. The Services. We offer a subscription program that provides chef-prepared meals delivered to your home, a personal emergency response system, local activities, and information about wellness-related products. The Services are more fully described in the Schedule of Services attached and incorporated into this Agreement. We may expand or modify the scope and content of the Services from time to time in our sole discretion.
     

  2. Subscription Term. You may sign up for the Services by purchasing a subscription in person, over the phone, or on the internet via our web site. Your subscription starts when you sign up for the Services and pay your subscription fee. We will come to your home to set up your account and provide you with an activated personal emergency response device as soon as practical subject to our availability, but generally not within 48 hours after you purchase a subscription. Your subscription is provided on a month-by-month basis. For example, if your subscription starts on February 15th, your monthly subscription period will continue until March 14th at 11:59 pm Eastern time. Your subscription will automatically renew on a month-by-month basis until canceled in accordance with this Agreement.
     

  3. Paying for your Subscription.

    1. Subscription Fee. You agree to pay $750 plus tax per monthly period for a single subscription or $1,200 plus tax per monthly period for a subscription for two people living at the same address. Your subscription fee is due at the time you place your order and on the first day of each subsequent renewal period until your subscription is canceled in accordance with this Agreement. In addition to your subscription fee, you agree to pay for any additional goods, services, and other charges at the prices shown on our web site or as otherwise described in this Agreement.

    2. Charges. You must provide us with valid credit card information at the time you purchase your subscription. You agree and acknowledge that your subscription will automatically renew on a continuing basis each month unless you provide us with notice of cancellation in accordance with this Agreement. You hereby authorize us to collect your credit card information and submit it to a third-party for processing payment of your subscription fee and any additional goods and services you request.
       

  4. Stopping your Subscription. You may cancel your subscription at any time.

    1. If you cancel your subscription by giving us at least three business days’ notice prior to the end of your current monthly period, your subscription will be terminated and will not renew for any additional monthly period. You will remain responsible for paying for any additional costs or charges you incurred during the term of your subscription. If you fail to cancel your subscription at least three business days before the end of your current monthly period, your subscription will automatically renew for one additional month, and you will be responsible for paying the subscription fee for such monthly period.

    2. Notwithstanding anything to the contrary in the previous paragraph, you may cancel your subscription at any time during the first 25 days of your first monthly period if you are not satisfied with the terms of this Agreement or the services we provide. If you cancel your subscription during this time, we will refund the subscription fee that you paid when you purchased your subscription.
       

  5. Health Claims. None of the products or services offered by Milo have been approved by doctors or other health care professionals or are in any way medically supervised. You acknowledge and agree that we do not make any representations, claims or guarantees, express or implied, regarding any specific health results or the suitability of the Services for your needs. We recommend that you consult with your health care professional before purchasing a subscription.
     

  6. Privacy Policy. We will collect and use information about you that you provide to us during the course of our relationship. We will share certain information about you with our business partners in connection with providing the Services, and by accepting the Services, your specifically consent to the sharing of your information. Our privacy policy contained on our web site is expressly incorporated into and made a part of this Agreement.
     

  7. Eligibility. You represent and warrant that you are at least 18 years old and have the legal ability to accept the terms of this Agreement. Whether you purchase the Services for yourself or for someone else, both you and the recipient of Services agree to be bound by this Agreement.
     

  8. Changes to Terms or Services. We may modify this Agreement at any time in our sole discretion. If we do so, we will let you know either by posting the modified terms on our web site or through other communications. The modified terms will be effective on the first day of the month after we post the modifications. If you continue to use the Services after the modified terms are effective, you are indicating that you agree to be bound by the modified terms. If you do not agree to be bound by the modified terms, you must notify us of your intent to cancel your subscription.
     

  9. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT PROVIDED BY US WHETHER ORALLY, IN PRINT, VIA ELECTRONIC COMMUNICATION, OR ON OUR WEB SITE.
     

  10. Limitation of Liability. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE SERVICES, OR IF YOU HAVE NOT MADE ANY PAYMENT TO US, THEN $100. THE LIMITATIONS OF LIABILITY AND DAMAGES IN THIS PARAGRAPH ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US.
     

  11. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles.
     

  12. Arbitration. If you are dissatisfied with the Services in any way, please call our customer care department at 877-797-MILO (6456). We will attempt to resolve any complaint or concern to your satisfaction. Any complaint or concern that cannot be resolved by our customer care department must be resolved in accordance with this paragraph. Any dispute, controversy, or claim arising out of or relating to this Agreement will be settled by arbitration. Unless you and Milo otherwise agree, the arbitration will be administered by JAMS and will be held in the county of your billing address. The parties shall maintain the confidential nature of the arbitration proceeding and any award, unless otherwise required by law or judicial decision. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. A party may, without inconsistency with this Agreement, seek from a court any interim or provisional relief that may be necessary to protect the rights or property of that party pending the establishment of the arbitration (or pending the arbitrator’s determination of the merits of the dispute, controversy, or claim). The arbitrator will have authority to issue preliminary and other equitable relief. You agree to arbitration on an individual basis. YOU AND MILO HEREBY WAIVE THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE OR CLASS MEMBER, UNLESS OTHERWISE PROHIBITED BY LAW.
     

  13. Integration. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
     

  14. Severability. If any provision of this Agreement is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way.
     

  15. Waiver. Any provision or condition of this Agreement may be waived at any time, in writing, by the party entitled to the benefit of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. Our failure to enforce any right or provision of this Agreement in one or more instance will not be considered a waiver of that right in any other instance.
     

  16. Construction. The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement. All words used in this Agreement will be construed to be of such gender or number as the circumstances require.
     

  17. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or may be construed to confer on any person, other than the parties to this Agreement, any right, remedy, or claim under or with respect to this Agreement.
     

  18. Assignment. You may not assign or transfer this Agreement or the Services, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these terms by you without such consent will be of no effect. We may freely assign or transfer this Agreement without restriction.
     

By using the Services, you acknowledge that you have read and understand this Agreement, including all incorporated terms found on our web site. Your use of our Services is evidence that you agree to be bound by hereby.

You agree and acknowledge that your SUBSCRIPTION will automatically renew on a continuing basis each MONTH unless you provide us with notice of cancelation in accordance with this Agreement. 

 

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