Thank you for visiting www.firesideprovisions.com. Fireside Provisions, L.L.C. (“Fireside Provisions,” “we,” “us,” or “our”), which does business as Fireside Provisions, operates this Site and provides services through the Site. We provide you access to our Services subject to the following Terms of Use, which may be updated without notice to you.

Before using any of our Services, please read these Terms of Use and any other policies and notices on the Site (the “Terms of Use”) and our Privacy Policy at www.firesideprovisions.com/privacy-policy. Together, these materials contain terms, rules and other guidelines related to your use of the Services. The Terms of Service set forth legally binding terms and conditions for the Site and Services. If you have any questions about this please contact help@firesideprovisions.com.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.


What We Do

Fireside Provisions provides amazing meals for people headed to outdoor settings (camping; cabin; backcountry; recreational vehicle). Through our Services, we deliver almost every ingredient you need to make these meals in the right proportions to your group size. We designed this Service to allow to spend more time in an outdoor setting, reduce waste, and cook great new recipes over the campfire or camp stove. By letting us do the heavy lifting for you, we bring you higher quality ingredients than you can get in a grocery, and do so for better prices.

Account Registration

You can browse our Site and Services without creating a unique account. Other features, require you to create an account. If you create an account, you are solely responsible for any activity that occurs through your Account. In order for us to provide the best possible service, you agree to provide us with complete, accurate and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You are solely responsible for keeping your Account and Account password secure and for any consequence from your failure to do so.

General Guidelines

By accessing and/or using our Site, you agree to comply with the following rules:

  • You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  • You do not use our Site or Service for illegal purposes
  • You do not transmit any worms or viruses or any code of a destructive nature
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or any contact on the website through which the service is provided, without express written permission by us
  • You will not infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • You will not submit false or misleading information
  • You will not upload or transmit viruses or malicious code that will be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet
  • You will not collect or track the personal information of others
  • You will not spam, phish, pharm, pretext, spider, crawl or scrape
  • You will not use the Site for any obscene or immoral purpose
  • You will not interfere or circumvent the security features of the Service or any related website, other websites, or the Internet

We reserve the right to refuse service to anyone for any reason at any time.

Payment

Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

We use a third-party payment processor to bill you through a payment account linked to your account on the Services for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy polices of the Payment Processor in addition to this agreement.

YOU AGREE THAT FIRESIDE PROVISIONS MAY IMMEDIATELY AUTHORIZE YOUR CREDIT CARD FOR ANY CHARGES INCURRED UNDER YOUR ACCOUNT, EVEN THOUGH YOUR CHOSEN DELIVERY DATE FOR OUR SERVICE MAY BE AT SOME POINT IN THE FUTURE.

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chose Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. You must provide current, complete and accurate information for your billing account for your billing account.

Ordering and Delivery

When you purchase our meals, we allow you to choose a delivery date. We use reliable third-party delivery companies such as FedEx, UPS and USPS to deliver your meals. Our boxes are packaged with shelf-stable products and dry goods. On occasion, we do ship fruit and vegetables with a shelf life of three weeks or more. If you should receive produce that does not meet your satisfaction, you should contact customer service (help@firesideprovisions.com).

If you are not at home when a delivery arrives, our delivery person will leave the package at your door if it appears safe.

Changing or Cancelling an Order

Our team works hard to process orders quickly so that you don’t have to wait. However, we understand that if you order in advance, plans may change. If 10 business days still remain before your delivery date, please email us at help@firesideprovisions.com with the subject line “Change/Cancel Order.” If we are unable to make the requested change or cancellation, it is usually because we have already shipped the item.

Limited Warranty and Return Policy

Our meals are backed by a quality guarantee. If you are dissatisfied for any reason, we will make it right. Email help@firesideprovisions.com within five days after delivery. We may require the return or photo documentation of the product with which you are dissatisfied before we issue credit or a refund.

Intellectual Property

All of the content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of Fireside Provisions or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site and Services (collectively the “Marks”) are proprietary to Fireside Provisions, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Scraping the Services or using other automated or manual means to take our content without our prior consent is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

Communication

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Warranty disclaimer; Limitation of Liability

YOU AND NOT FIRESIDE PROVISIONS ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, PREPARATION AND COOKING OF THE MEALS.

 

YOU AGREE THAT USE OF THE FIRESIDE PROVISIONS SERVICE, THE SITE AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. FIRESIDE PROVISIONS SERVICES, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, FIRESIDE PROVISIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHATABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FIRESIDE PROVISIONS SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FIRESIDE PROVISION SERVICE. FIRESIDE PROVISIONS DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRSUSES OR HARMFUL COMPONENTS.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIRESIDE PROVISIONS OR ANYONE REPRESENTING FIRESIDE PROVISIONS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR FIRESIDE PROVISIONS SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE MEALS OR PRODUCTS; OR (II) $200.00.

 

The material in the Site is provided for lawful purposes only. Fireside Provisions operates the Site for use in the United States. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the United States. If you access our Site outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

You agree to defend, indemnify, and hold Fireside Provisions Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of the Agreement by you or through use of your account.

Coupon Codes

Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Fireside Provisions reserves the right to change or limit coupon codes in its sole discretion.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement

These Terms constitute the entire agreement between you and Fireside Provisions and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of California.

 

Any dispute relating in any way to your visit to Fireside Provisions or to products you purchase through Fireside Provisions shall be submitted to confidential arbitration in San Francisco, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate ’s intellectual property rights, Fireside Provisions may seek injunctive or other appropriate relief in any state or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of California Code of Civil Procedure section 1283.05 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

 

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Contact Information

Questions about the Terms of Service should be sent to us at help@firesideprovisions.com.