Terms of Use
JUNKLESS FOODS TERMS OF USE
Effective: October 20, 2025
Last Modified: October 20, 2025
PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE BETWEEN YOU AND JUNKLESS FOODS, LLC AND WAIVING ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THESE TERMS OF USE REPRESENT A BINDING AGREEMENT.
These Terms govern your access to and use of our website (www.junklessfoods.com) and dependent pages (the “Site”) as a user, including but not limited to your purchases of our products and services. By accessing and using our Site, you agree to these Terms. We may update the Terms at any time by posting an amended version on this Site including the effective date of the updated version. By accessing the Site after we make such changes, you will be deemed to have agreed to such changes. Please check the Terms regularly, and before you submit personal information via the Site or otherwise use the Site. If you do not agree to these Terms, INCLUDING THE PROVISION FOR BINDING ARBITRATION SET FORTH BELOW, please do not use this Site.
Intellectual Property
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Junkless Foods LLC, its successors and assigns. The collective work includes works that are licensed to Junkless Foods, LLC. Copyright 2025. Junkless owns all right, title and interest, including patent, copyright, trade secret, trademark, service marks, trade names and other proprietary registered and unregistered rights, in and to the Site and its software, applications, systems, functionality, appearance, text, video, audio, graphics, photographs and content used by Junkless on the Site. All rights in the Site, including but not limited to, rights in intellectual property therein, confidential and trade secret material, source code, object code, trademarks, service marks, patents, copyrights and logos, and technologies, formulas, databases, data analytics, algorithms, designs, content, graphics, video, audio, benchmarks or processes developed or provided by Junkless shall be and will remain the sole and exclusive property of Junkless.
Prohibited Uses
User is granted only a limited, revocable, non-exclusive, non-transferable license for personal access and use of the Site. User is not permitted to make any commercial use of the Site. User will not and will not permit, assist, facilitate or encourage others to: (a) modify, publish, translate, reverse engineer, reverse compile, disassemble, translate, or create derivative or collective works from the Site or any portion thereof; (b) copy, reproduce, transmit, scrape or distribute the Site, including through the use of a robot, spider or other automatic means; (c) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Site; (d) create malicious software products, tools, designs, instructions or technologies that negatively impact the Site’s performance, functionality, or interoperability with other applications; (e) circumvent any technological measure that controls access to the Site or any part thereof; (f) remove or obfuscate any proprietary notices or labels on the Site; or (g) use the Site for any unlawful or improper purpose, including but not limited to solicit others to perform unlawful acts or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected basis.
Limited Personal Copies.
Permission is granted to electronically copy and print limited hard copy portions of this site for the sole purpose of placing an order with Junkless or purchasing Junkless products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print limited portions of the material from the different areas of the Site solely for your own personal non-commercial use, or to place an order with Junkless or to purchase Junkless products or services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless expressly authorized by Junkless in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Warranty Disclaimer
This site and the materials, services and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Junkless disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Junkless does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Junkless does not make any warrantees or representations regarding the use of the materials AND INFORMATION PROVIDED in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Junkless AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, SUCCESSORS AND ASSIGNS shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages OR LOSS that result from the use of, or the inability to use, the materials on this site or the performance of the products AND SERVICES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF PRIVACY, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE even if Junkless has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Junkless, its officers, directors, MEMBERS, employees, agents, licensors, contractors, service providers, suppliers, SUCCESSORS AND ASSIGNS from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Typographical Errors
In the event that a Junkless product is mistakenly listed at an incorrect price, Junkless reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Junkless reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Junkless shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These Terms are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These Terms, or any part of them, may be terminated by Junkless without notice at any time, for any reason. The provisions relating to Intellectual Property, Prohibited Uses, Warranty Disclaimer, Limitation of Liability, Indemnification, Binding Arbitration, Participation Disclaimer and Social Media and Other Postings, and Choice of Law and Forum, shall survive any termination. Any other provision herein that by its nature is intended to survive shall also survive termination.
Copyright Complaints/DMCA
Junkless does not knowingly violate or permit others to violate the copyrights of others. We will promptly investigate any claim of infringement, and remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you believe that your work has been reproduced or used in a way that constitutes copyright infringement, please provide Junkless with the following information under the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”): (i) identification of the copyrighted work that you believe to be infringed; (ii) identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material; (iii) your name, address, telephone number and (if available) e-mail address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative. Notices of claimed copyright infringement should be delivered via email to dataprivacy@junklessfoods.com or by mail addressed to Junkless Foods LLC, 500 N Broadway, Suite 149, Jericho, NY 11753. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances following an investigation.
Notice
Junkless may deliver other notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Junkless.
DISPUTE RESOLUTION AND BINDING AGREEMENT TO ARBITRATE
- PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, You and JUNKLESS food llc are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. YOU AND JUNKLESS AGREE TO WAIVE A JURY TRIAL. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Junkless foods, llc, its members, managers, agents, employees, successors, assigns, affiliates, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase or arising from or relating in any way to your purchase of our product or services (COLLECTIVELY “JUNKLESS”), your use of the Site OR SERVICES, these Terms, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms (including relationships with third parties who are not signatories to these Terms), Junkless’s advertising, PRIVACY OR CYBERSECURITY PRACTICES or any related purchase (COLLECTIVELY, “DISPUTE”) shall be resolved exclusively and finally by binding arbitration. DISPUTES SHALL NOT INCLUDE DISPUTES, CLAIMS, OR CONTROVERSIES CONCERNING PATENTS, TRADEMARKS, COPYRIGHTS, TRADE SECRETS OR OTHER INTELLECTUAL PROPERTY RIGHTS.
- Other than issues related to the Class Action Waiver (as defined below), the arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including but not limited to any unconscionability challenge or any other challenge that the arbitration provision or these Terms is void, voidable or otherwise invalid. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to the AAA Consumer Arbitration Rules and, to the extent applicable, AAA Mass Arbitration Supplementary Rules, as amended from time to time. Arbitration proceedings shall be governed by this provision and the applicable AAA procedures for consumer-related disputes, in effect at the time the claim is filed. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The small-claims court proceeding will be limited solely to the customer’s individual dispute or controversy. YOU AGREE TO ARBITRATION ON AN INDIVIDUAL BASIS AND TO ADDITIONAL PROCEDURES TO GOVERN TWENTY-FIVE (25) OR MORE SIMILAR OR COORDINATED CLAIMS AS SET FORTH BELOW.
- Mandatory Pre-Arbitration Procedure. Before initiating any arbitration, you and Junkless must give the other party notice of the Dispute by providing written “Notice of Dispute” that is personally signed by you (if you are initiating the Dispute) or a representative of Junkless (if Junkless is initiating the Dispute). The Notice of Dispute must contain the following information (a) name and contact information (mailing address, email address, and telephone number); (b) detailed factual description of the nature of the Dispute; and (c) the resolution and relief sought. You must email your Notice of Dispute to dataprivacy@junklessfoods.com or write to us at Junkless Foods LLC, 500 N Broadway, Suite 149, Jericho, NY 11753. We will send any Notice of Dispute to the most recent email address we have on file for you. You and Junkless will agree to attempt to resolve the Dispute through informal, good faith negotiations for a 60-day period after the date that a Notice of Dispute is received (or such shorter or longer period as is mutually agreed to by the parties). Either party may request a personal telephone or video conference as part of the informal negotiations. Should Junkless request a telephone or video conference, you (and your counsel if you are represented) agree to attend this conference. Should you request a telephone conference, Junkless (and its counsel if Junkless is represented) agrees to attend this conference. Compliance with this Pre-Arbitration Procedure is a condition precedent to initiating an arbitration with the AAA. Neither party may initiate an arbitration unless this Pre-Dispute Procedure is complied with. If the sufficiency of either party’s compliance with the Mandatory Pre-Dispute Procedure is at issue, either party may seek court intervention, and any arbitration proceeding shall be stayed, until the court rules on the compliance issue. Such court shall have the power to enjoin an arbitration proceeding or order other injunctive relief, which includes but is not limited to enjoining the filing of a demand for arbitration and/or payment of arbitration costs and fees. Notwithstanding the foregoing, in the event that neither party seeks court intervention, either party may elect to raise the issue of a failure to comply with the Mandatory Pre-Arbitration Procedure before the arbitrator and seek relief in arbitration. The parties agree that any applicable statutory limitations period and any arbitration filing fee deadlines shall be tolled while you and Junkless participate in the Mandatory Pre-Arbitration Procedure in any effort to informally resolve the Dispute.
- To initiate an arbitration, the party seeking arbitration must write a demand for arbitration as specified in the AAA Rules. For any arbitration you initiate, you will pay the consumer filing fee under the AAA Consumer Rules, and Junkless will pay the remaining AAA fees and costs. For any arbitration initiated by Junkless, Junkless will pay all AAA fees and costs.
- CLASS ACTION WAIVER. IN ANY DISPUTE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR JUNKLESS SHALL BE ENTITLED TO ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS OR COLLECTIVE REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY AND AN ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY SUCH CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Consumer Rules, as defined above and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or other representative action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
- The AAA Mass Arbitration Supplementary Rules as amended from time to time shall apply when twenty-five (25) or more similar claims are asserted against Junkless where representation of the parties is consistent or coordinated across the cases (and your claim is one of them).
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This parties acknowledge that the Agreement involves interstate commerce and agree that all issues relating to arbitration or enforceability of this Arbitration Agreement shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1 et seq. (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you or Junkless prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you or Junkless under the standards for fee shifting provided by law. Information on AAA and its applicable rules are available at the following numbers and URL: American Arbitration Association: (800) 778-7879, www.adr.org.
- (i) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION EACH OF YOU AND JUNKLESS WAIVE ANY RIGHT TO A JURY TRIAL.
- Each of you and Junkless both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights.
- Right to Opt Out of Arbitration. You can decline this agreement to arbitrate by emailing dataprivacy@junklessfoods.com or write to us at Junkless Foods LLC, 500 N Broadway, Suite 149, Jericho, NY 11753, USA and providing your name, address, and telephone number, date of first access to the Site, date of purchase of product or service, IP address and a statement that you wish to opt out of this arbitration agreement. The opt out notice must be emailed or mailed no later than 30 days after you first accept this agreement to arbitrate by using this Site. YOU HAVE THE RIGHT TO CONSULT WITH YOUR ATTORNEY CONCERNING THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. If you send the opt-out notice, and/or in any circumstances where the foregoing arbitration agreement permits either you or Junkless to litigate any dispute in court, then the foregoing arbitration agreement will not apply to either party, and both you and Junkless Harvest agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Nassau County, New York, or the federal district in which that county falls.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU OR JUNKLESS MAY HAVE WITH RESPECT TO THE TERMS, PRODUCTS, SERVICES OR SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF JUNKLESS PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.
- This arbitration agreement will survive the termination of your relationship with Junkless.
Use of Site
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Junkless or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer/Social Media and Other Postings
Junkless does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Junkless is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Junkless reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Junkless in its sole discretion.
We do not claim ownership of User generated content. User generated materials, such as communications, posts, comments, feedback, suggestions, ideas, audio, video, photographs, data or other content that you submit on or through the Site (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting User Content, you grant to Junkless a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, sell, display, transmit, publish, host, and otherwise use User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein) for any commercial or noncommercial purpose, including but not limited to for any marketing purposes without further notice to you. Junkless retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting or posting User Content on the Site, you represent and warrant that: (i) you have all rights in and to the User Content, and the right to grant all of the rights and licenses provided for herein; (ii) you are 18 years of age or older; and (v) the User Content does not contain any unlawful, stolen or defamatory content and does not violate any individuals’ privacy rights. You are solely and exclusively responsible for the User Content and you hereby agree to indemnify and hold Junkless and its owners, employees, agents, affiliates, suppliers, licensors, contractors, service providers, assigns and successors harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with your posting of User Content.
Third-Party Links
In an attempt to provide increased value to our visitors, Junkless may link to websites operated by third parties. However, even if the third party is affiliated with Junkless, Junkless has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Junkless. These linked sites are only for your convenience and therefore you access them at your own risk. Junkless takes no responsibility for the content and practices of third party websites.
Privacy Policy
Company’s privacy policy found here is expressly incorporated into these Terms by this reference.
ACKNOWLEDGEMENT. YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. BY USING OUR SITE OR THE SERVICE, PURCHASING OUR PRODUCTS OR SERVICES, CREATING AN ACCOUNT OR OTHERWISE ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.