Terms of Use

Welcome to Delivering Hope Ministries. Please read on to learn the rules and restrictions that govern your use of our website(s), applications, products, or services (the “Services”), including, without limitation, any request to receive information about, or to receive or purchase any of the products made available through our website(s) (each, a “Product”).  


These terms (“Terms”) are a binding contract between you and Delivering Hope Ministries, Inc. and/or our subsidiaries or other affiliates (collectively, “Delivering Hope Ministries,” “we,” “us” or “our”). These Terms include the provisions in this document as well as those in the Privacy Policy. Your (1) receipt or purchase of any Products will also be governed by any other terms made available by us to you during the sales process, including, but not limited to the Standard Terms and Conditions of Sale, all of which are hereby incorporated into these Terms. These Terms are important and affect your legal rights, so please read them carefully. If you do not agree to these Terms, you may not access or use the Services or order, receive, or use Products made available through the Services or otherwise from us. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with those Additional Terms. If you are using the Services 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.  


PLEASE READ THESE TERMS CAREFULLY. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.


ARBITRATION NOTICE AND CLASS ACTION WAIVER: NOTE THAT SECTION 18 OF THE TERMS OF USE CONTAINS A MANDATORY ARBITRATION PROVISION, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THAT SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION


We are constantly striving to improve our Products and Services, so these Terms may change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at Delivering Hope Ministries, send you an email, and/or notify you by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.


THESE TERMS REPLACE AND SUPERSEDE ALL PRIOR VERSIONS OF DELIVERING HOPE MINISTRIES TERMS OF USE AND PRIVACY POLICY.  



Delivering Hope Ministries Services include the offer, sale, production, and delivery of frozen and other food items that are designed to be sustainable, healthy, taste great, save prep time, and reduce unnecessary waste. 



Purchases of Delivering Hope Ministries’s products and services are subject to our Standard Terms and Conditions of Sale, available at Terms of Sale and any other payment terms that may be presented to you at the time you purchase Products or Services offered by Delivering Hope Ministries from time to time, each of which are deemed part of these Terms. 



Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Delivering Hope Ministries logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Delivering Hope Ministries or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.



“Delivering Hope Ministries,” the Delivering Hope Ministries logo and any other Delivering Hope Ministries Product or service names, logos or slogans that may appear on the Services or Products are trademarks of Delivering Hope Ministries, are protected under United States and foreign intellectual property registration and other laws, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Delivering Hope Ministries” or any other name, trademark or Product or service name of Delivering Hope Ministries without our prior written permission. In addition, the look and feel of the Services and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Delivering Hope Ministries and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Services or Products are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Delivering Hope Ministries.



You may be granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial or promotional or marketing purposes. You shall not make or allow to be made any false, misleading, or disparaging remarks about Delivering Hope Ministries or any of our affiliated individuals or organizations or our products of services, and you agree that such hyperlink will not portray Delivering Hope Ministries or any of our Products in a false, misleading, derogatory, or otherwise defamatory manner, and that the linking site will not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time by Delivering Hope Ministries for any reason. You may not use a Delivering Hope Ministries logo or other proprietary graphic of Delivering Hope Ministries to link to the Services without our express written permission, which, if granted, may be condition or revoked in our sole discretion, for any reason. Further, you may not use, frame, or utilize framing techniques to enclose any Delivering Hope Ministries trademark, logo, or other proprietary information, including the images found on the Services or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.


Delivering Hope Ministries makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.



We may display content, advertisements, and promotions from third parties through the Services or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse, or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. All third party content is provided “as is.”  You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Delivering Hope Ministries is not responsible or liable in any manner for such interactions or Third-Party Content.



Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other evaluation data, information, reports and feedback about Delivering Hope Ministries, the Services, or the Products, including, but not limited to ingredients, names, techniques, or recipes (collectively, “Feedback”). Feedback shall become the sole property of Delivering Hope Ministries and you shall and hereby do assign any rights in such Feedback to Delivering Hope Ministries. Delivering Hope Ministries shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You further represent that any Feedback you provide is your own and does not infringe or misappropriate the rights of anyone, or otherwise breach any obligations you may have to anyone.



To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Delivering Hope Ministries, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Delivering Hope Ministries Parties”), from and against all actual or alleged Delivering Hope Ministries 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 Services, Content or Products, (b) any User Content you create, post, share or store on or through the Services 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 Services or Products provided to you. You agree to promptly notify Delivering Hope Ministries of any third party Claims and cooperate with the Delivering Hope Ministries Parties in defending such Claims. You further agree that the Delivering Hope Ministries 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 Delivering Hope Ministries.



Delivering Hope Ministries and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of our and their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Delivering Hope Ministries and all such parties together, the “Delivering Hope Ministries Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Delivering Hope Ministries Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Delivering Hope Ministries Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS-IS” and without any warranty of any kind from the Delivering Hope Ministries Parties or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).] THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Delivering Hope Ministries DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SERVICES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  


We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by us. 



TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELIVERING HOPE MINISTRIES OR ANY OF THE OTHER DELIVERING HOPE MINISTRIES 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 DELIVERING HOPE MINISTRIES, 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 DELIVERING HOPE MINISTRIES’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 DELIVERING HOPE MINISTRIES AND THE OTHER DELIVERING HOPE MINISTRIES PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE DELIVERING HOPE MINISTRIES MARKET EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCT, OR ACCESS OR USE OF THE SERVICES 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 DELIVERING HOPE MINISTRIES AND THE OTHER DELIVERING HOPE MINISTRIES 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 DELIVERING HOPE MINISTRIES AND THE OTHER DELIVERING HOPE MINISTRIES PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH DELIVERING HOPE MINISTRIES PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


ACCESS TO THE DELIVERING HOPE MINISTRIES OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF DELIVERING HOPE MINISTRIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW



We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.



Most questions or concerns can be resolved quickly and satisfactorily by emailing us (support@deliveringhopeministries.com) or contacting us via another means as specified on our Services. Please read the following ARBITRATION AGREEMENT carefully because in the event that we are not able to resolve a dispute, you will be required to arbitrate certain disputes and claims with Delivering Hope Ministries and this arbitration agreement limits the manner in which you can seek relief from Delivering Hope Ministries. Both you and Delivering Hope Ministries acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Delivering Hope Ministries Parties are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Delivering Hope Ministries Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.


12.1 Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Louisiana. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. 


12.2  Costs of Arbitration. The Rules will govern payment of all arbitration fees. Delivering Hope Ministries will pay all arbitration fees for claims less than one-thousand ($1,000) dollars. Delivering Hope Ministries will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. 


12.3 Small Claims Court; Infringement. Either you or Delivering Hope Ministries may assert claims, if they qualify, in small claims court in Louisiana or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 


12.4 Waiver of Jury Trial. YOU AND Delivering Hope Ministries WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Delivering Hope Ministries are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Delivering Hope Ministries over whether to vacate or enforce an arbitration award, YOU AND Delivering Hope Ministries WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.


12.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Delivering Hope Ministries is entitled to arbitration; instead, all claims and disputes will be resolved in a court as set forth in 12.8 below. 


12.6 Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against Delivering Hope Ministries, presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Delivering Hope Ministries and the arbitration provider to implement such a batch approach to resolution and fees.


12.7 Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Delivering Hope Ministries, Inc. Attention: Legal; PO Box 506, Benton, LA  71006, postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.


12.8 Exclusive Venue. If you send the opt-out notice in 12.7, and/or in any circumstances where the foregoing arbitration agreement permits either you or Delivering Hope Ministries to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Delivering Hope Ministries agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Louisiana, or the federal district in which that county falls. 


12.8 Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Delivering Hope Ministries. 



These Terms constitute the entire agreement between you and Delivering Hope Ministries relating to your access to and use of the Services 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 Delivering Hope Ministries. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of Louisiana, without regard to the conflicts of laws provisions thereof. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Delivering Hope Ministries’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.




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