Program Specific Terms

Gift Card Terms and Conditions

  1. General

 

Our Place Gift Cards are issued by Lagom Kitchen Company, d/b/a “Our Place”, and its affiliated entities (collectively, “Our Place,” “we,” “us,” and “our”). These terms and conditions (the “Gift Card Terms”) apply to all digital and physical Gift Cards (each a “Gift Card” or collectively, "Gift Cards") purchased, obtained, redeemed or used through the Our Place website or at select Our Place operated and branded retail locations. By purchasing, using or accepting Gift Cards you accept these Gift Card Terms and our Terms of Service (collectively, the “Terms”). Our Place reserves the right to interpret, modify, change or terminate the Gift Card Terms without notice, from time to time at our sole discretion. The most recent Gift Card Terms will always be posted at fromourplace.com. Gift Cards are not refundable or redeemable for cash, except as required by law. Void where prohibited or restricted by law. 

 

  1. Redemption

 

Gift Cards are redeemable towards the purchase of eligible goods and services online at fromourplace.com, or at select Our Place operated and branded retail locations in the United States. You can use the Gift Cards to pay for the full value or part of the value of your selected item(s). Eligible goods and services are subject to change in our sole discretion. If a purchase exceeds the balance on your Gift Card, the remaining amount must be paid with another payment method. Upon redemption, any unused balance will remain on the Gift Card for future purchases. If you used a Gift Card together with another payment method, a refund to the Gift Card will be issued before refund to other payment methods. To check Gift Card balance, email hello@fromourplace.com.


  1. Limitations

 

Gift Cards cannot be returned; resold; canceled; used to purchase other Gift Cards; used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes; redeemed for more than face value; transferred for value; or redeemed for cash or returned for a cash refund (except to the extent required by law). Gift Cards can only be sold in an amount over $50 to a maximum of $250. Gift Cards are not reloadable. Gift Cards may only be purchased by residents of the U.S., Canada, or the U.K. Gift Cards may only be redeemed in the country in which it was purchased, and are not transferable to other countries.

 

  1. Expiration and Fees

 

No service fees or expiration dates apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your account or to a purchase.

 

  1. Violation of these Terms

 

If you violate the Terms, if we suspect or believe that a Gift Card was obtained, used, or applied to a purchase fraudulently, unlawfully, or otherwise in violation of the Terms, or if you use any Gift Card in a manner that we suspect or believe is fraudulent, misleading, deceptive, unfair, or otherwise harmful to Our Place, its affiliates, or its customers, we reserve the right, without notice to you, to cancel, hold, void, or refuse to accept such Gift Cards without a refund, suspend or terminate accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment.


  1. Risk of Loss

 

Title and risk of loss for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or the designated recipient, our delivery to the carrier, or at the time of purchase for in-person transactions, whichever is applicable. Gift Cards must be obtained from Our Place or an authorized third party. You are responsible for safeguarding your Gift Card from unauthorized use. Our Place will not be responsible if any Gift Card is lost, stolen, destroyed, or used without your permission. Our Place is not responsible for, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.

If you purchase a digital Gift Card it will be sent to the recipient’s email address immediately after the purchase is completed. Our Place will not be liable for any failure or delay in delivery of a Gift Card. If you order a digital Gift Card you are obligated to provide a correct email address for delivery. If the address you have provided cannot be confirmed, Our Place reserves the right to withhold the delivery of the Gift Cards.

 

 

  1. LIMITATION OF LIABILITY

GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES CONTAINED IN OUR PLACE’S TERMS OF SERVICE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT A GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT WE ARE FOUND LIABLE TO YOU AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.


  1. Privacy. 

Any personal information that you provide in connection with the purchase or redemption of Gift Cards, including any recipient information, will be governed by Our Place’s Privacy Policy. 


  1. Customer Service

For balance inquiries and for any other questions please email hello@fromourplace.com.

 

  1. Disputes

Any dispute or claim relating in any way to Gift Cards will be resolved in accordance with our Terms of Service.

 

IF YOU ARE AN UNITED STATES RESIDENT, THESE TERMS ARE SUBJECT TO MANDATORY ARBITRATION AND A CLASS ACTION WAIVER DESCRIBED IN SECTION 14 OF OUR TERMS OF SERVICE. THIS REQUIRES YOU TO SUBMIT CLAIMS TO BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 14.8. PLEASE CAREFULLY READ OUR TERMS OF SERVICE. 




Referral Program Terms & Conditions

The Our Place Referral Program allows Our Place customers to earn promotional reward discounts toward future Our Place purchases by referring friends or family members to Our Place. By participating in the Referral Program, you agree to abide by these Referral Program Terms & Conditions as well as Our Place’s Terms of Service and Privacy Policy (both available on our website and incorporated here by reference). 

 

Defined Terms

Referrer: you, a registered Our Place customer with an Our Place loyalty account and a legal resident of the United States.

Referred Customer: a friend or family member who has not previously shopped on www.fromourplace.com   before and to whom the Referrer shares their link. A “friend” is a person with whom you communicate frequently and have met in person before.  A “family member” is a person who is your parent, sibling or child or a person with whom you are related through marriage or common-law partnership. 

Referral Link: a personalized referral link, provided to you by Our Place.

Referrer Discount: a promotional reward discount of 200 points to your loyalty account (redeemable for US $20) to be used on www.fromourplace.com. 

Referred Customer Discount: a promotional reward discount of US $20 off your first purchase of $100 or more (excluding discounts, shipping, taxes and fees) on www.fromourplace.com.

Discount: collectively, the Referrer Discount and Referred Customer Discount.

 

About Our Referral Program.

 

For the Referrer

How to Earn a Referrer Discount: The Referrer may earn a Referrer Discount toward future Our Place purchases if a Referred Customer clicks on the Referrer’s Referral Link, creates a new account during the same session, and places an order on www.fromourplace.com  for US $100 or more (excluding discounts, shipping, taxes and fees). The Referrer Discount will be granted to the Referrer within seven (7) days of the Referred Customer placing an order www.fromourplace.com. Referrer is limited to referring up to fifty (50) friends or family members.

 

For the Referred Customer

To receive the Referred Customer Discount, the Referred Customer must click on the Referrer’s Referral Link and place an order on www.fromourplace.com for US $100 or more (excluding discounts, shipping, taxes and fees) during the same session. The Referred Customer Discount will be automatically applied to the order and is valid for one-time use only and must be used within 90 days of receiving the Referred Customer Discount.

 

Discount Exclusions

Each Discount is non-transferable, not valid for cash or cash equivalent, cannot be combined with other offers, and must be used in the currency in which it was received. Each of the Referrer and the Referred Customer is responsible for any and all tax liability resulting from any Discount. Each Discount may be redeemed on www.fromourplace.com only and may not be applied to any prior purchases, taxes, shipping and delivery charges, or toward the purchase of gift cards. A purchase of a gift card by a Referred Customer does not qualify as an eligible purchase to receive a Discount. 

  

Follow the Rules

Our Place reserves the right to review, investigate, and disqualify any Discount that violates the spirit of the Our Place Referral Program, such as attempting to gain a Discount through self-referral by using a different email address, or distributing a Referral Link via commercial advertising or spam. Our Place may delay any Discount for the purposes of investigation and may refuse to verify and process any transaction for any reason. If you cancel your order, the Discount may no longer be valid or may be withdrawn.

 

Referrers should only invite a friend or family member after receiving prior permission from the Referred Customer to send, or have Our Place send, an email with the Referral Link to them. Referrers must comply with all up-to-date “SPAM” laws and marketing regulations, which may include the laws where the intended Referred Customers live. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of the Referral Link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Our Place's Referral Program. We'll be watching for spammers so please be kind and only share with people you know!

 

Our Place automatically disqualifies suspicious referrals. If you are a Referrer and someone you referred made their first purchase using your Referral Link and you didn’t receive a Discount, your referral might have been flagged as suspicious. Just shoot us an email—hello@fromourplace.com —and we'll sort it out for you.

 

Eligibility

Eligibility is limited to individuals only. Our Place's Referral Program cannot be used by businesses for affiliate lead generation, as determined in Our Place's sole discretion. Referred Customers who live in the same household as the Referrer are not eligible for participation in the Our Place Referral Program. 

 

Our Place employees are eligible to share their Referral Link with Referred Customers, however, employees will not earn any Referrer Discount. Referred Customers who receive a Referral Link from a Our Place employee are still eligible to receive the Referred Customer Discount.

 

Privacy


Participation in the Referral Program may require a Referred Customer and/or a Referrer to submit personal information about themselves or about their Referred Customer. Such information may be used by Our Place to contact such individuals regarding participating in the Referral Program.  By clicking on a Referral Link, the Referred Customer acknowledges that some of their personal information may be sent to the Referrer who provided the Referral Link as confirmation of the Referring Customer making a purchase and the Referrer receiving a Referrer Discount. Accordingly, Our Place strongly advises that Referring Customers only use a Referral Link that they receive from someone whom they personally know and trust. Any personal information collected, processed, and used as part of Our Place’s Referral Program, including that of the Referrer and Referred Customer, will be used in accordance with Our Place’s Privacy Policy.

 

Right to Close Accounts

Our Place is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations. Our Place reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Our Place Referral Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation. All of Our Place’s decisions are final and binding, including decisions as to whether a Discount is verified.

 

Right to Cancel Program or Change Terms

Our Place reserves the right to cancel the Our Place Referral Program or to change these Terms & Conditions at any time in its sole discretion. However, it will not affect the usage of any Discount already earned, in accordance with these Terms & Conditions.

 

 


Dirty Dishes Club Terms and Conditions


The following terms and conditions (these “Loyalty Terms”) contain important information regarding the Dirty Dishes Club loyalty program (the “Program”), which is operated by Lagom Kitchen Company dba Our Place (“we,” “our,” “us” or “Our Place”). These Loyalty Terms apply specifically to your access to and participation in the Program made available online through fromourplace.com and at Our Place retail stores (collectively, the “Our Place Stores”). Please read these Loyalty Terms carefully. These Loyalty Terms are a binding agreement (“Agreement”) between you and Our Place and will govern your participation in any and all Program offers.


ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, 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.

 

1. Eligibility and Overview. The Program is one way in which Our Place attempts to reward and thank loyal customers for shopping with Our Place. Membership in the Program (“Membership”) entitles members (“Members”) to take advantage of certain rewards, products, discounts, or other benefits (collectively known as “Program Benefits”) through the Our Place Stores. You can find out about available Program Benefits and offers by visiting https://fromourplace.com/pages/dirty-dishes-club (the “Site”). 


 The Program is for individuals for their personal use only and is limited to one account per individual. Points from separate accounts cannot be merged or combined.Only individuals who: (i) are legal residents of the fifty (50) United States (including its territories and possessions); (ii) are at least 18 years old or the age of majority in their place of legal residence, whichever is older; and (iii) can form legally binding contracts are authorized to participate in the Program. Corporations, associations or other groups may not participate in the Program. We do not allow any individual or company, association, or group to use a single account for the purpose of accumulating Program Benefits for combined use.


2. Changes to Loyalty Terms or the Program. Our Place reserves the right to change or modify these Loyalty Terms or any policy, FAQ, or guidelines pertaining to the Program, in whole or in part, at any time and in its sole discretion. Participation (or continued participation) in the Program and/or redemption of Program Benefits is considered acceptance of these Loyalty Terms and any modified terms included therein. Our Place may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program and/or any Program Benefit at any time, including the availability of any Program Benefit, without notice (unless required by applicable law).


3. Program Period. Program begins on July 31, 2021 and will continue until terminated, suspended, and/or converted to another program by Our Place, as determined by Our Place in its sole discretion.


4. Membership. You can enroll for Membership in the Program by registering for a user account with Our Place at the Our Place Stores. Our Place reserves the right in its sole discretion to decline eligibility to any person or to terminate any person’s participation in the Program. Members must provide true, accurate and complete information as required, and must keep account information up to date at all times. A Member may not create an account using another person’s name or information, including email address and/or phone number. Members are solely responsible for the activity that occurs on their account and for keeping their account password secure. Members may never use another person’s account or registration information for the Program without permission of the account’s holder. Members should never publish, distribute or post login information for their account.


5. Membership Tiers.  The Program is a tier-based program determined by the amount a Member has spent on Eligible Purchases on an annual basis. There are four  tiers of Membership (each a “Tier” and collectively “Tiers”): (i) Guest; (ii) Friend; (iii) Family; and (iv) Host.  Tiers are based on your Eligible Purchases made through the Our Place Stores on a rolling 12-month basis from the anniversary of the date you achieve a Tier (“Year”). The minimum amount needed to qualify for a Tier is subject to change by Our Place in its sole discretion.  All Membership Tiers enjoy a variety of Program Benefits made available from time to time by Our Place in its sole discretion. Program Benefits may vary by Tier, including the amount, type, timing and availability of such Program Benefits which will be determined by Our Place in its sole discretion. For current information on Tier eligibility and benefits, please visit the Site. 

Guest: Upon registration, if a Member has not yet reached the minimum spend for a different Tier (as set forth below) in the Year, the Member will have Guest Tier status. A Member will continue to have Guest Tier status until the Member reaches the minimum annual spend required to achieve Friend, Family, or Host Tier status.

Friend: Members who spend the specified minimum amount on Eligible Purchases as set forth on the Site for the Friend Tier (“Friend Minimum Amount”) during a Year, will achieve Friend Tier status. 

Members who spend the Family Minimum Amount (as defined below) will be upgraded from Friend Tier status into Family Tier status. 

Family: Members who spend the specified minimum amount on Eligible Purchases as set forth on the Site for the Family Tier (“Family Minimum Amount”) during a Year will achieve Family Tier status. 

Members who spend the Host Minimum Amount (as defined below) will be upgraded from Family Tier status into Host Tier status. 

Host: Members who spend the specified minimum amount on Eligible Purchases as set forth on the Site for the Host Tier (“Host Minimum Amount”) during a Year will achieve Host Tier status. At the conclusion of the Year, if the Member fails to spend the Host Minimum Amount during such Year, the Member shall be moved to Guest Tier status, unless such Member spent the Family Minimum Amount or Friend Minimum Amount during such Year, in which case the Member shall be moved to Family or Friend Tier status, respectively.


6. Earning Points. In order to redeem certain Program Benefits, Members must earn points (“Points”) by making Eligible Purchases or taking certain other Program actions, as stated by Our Place while they are logged in and using the Account registered for the Program. Eligible Purchases and other opportunities to earn Points and unlock Membership Tiers will be posted on the Site or may be published through other media (e.g., in-store, in marketing communications, social media). “Eligible Purchases” are defined as purchases of goods and merchandise, for personal, family and household purposes at Our Place Stores. Please note that Points are not earned on “Non Eligible Purchases,” which include: purchases of gift cards, returns, refunds, replacement items, promotional gifts or gifts with purchases, cancellations, credit adjustments, any purchase using store credits, the percentage of promotional discounts, including through Point redemptions, unauthorized or fraudulent charges, charges that violate the terms of these Loyalty Terms or any other agreement with Our Place, taxes, shipping or delivery fees, and/or purchases made using a gift card or promotional card. Further, except as otherwise determined by Our Place in its sole discretion, Our Place does not issue or award retroactive Points for any reason (e.g. if you forget to log in to your account when ordering or fail to take an action to begin earning Points). 

Our Place has the right to deduct Points from Member’s Points balance for returns, cancellations or charges that were not or do not remain Eligible Purchases. For clarity, when Members return/cancel an Eligible Purchase, the earned Points from the original Eligible Purchase will be deducted from the Member’s account for that returned/canceled item.

You can see your current Points balance on the “Dirty Dishes Club” section of your account home page. It may take up to forty-eight (48) hours or more for the Point(s) to show in your account. Our Place reserves the right to update, modify, or revoke any of the methods of earning Points as described above at any time in its sole discretion and without advance notice to you (except as required by applicable law). Our Place may verify and adjust Member’s Points balance based on its records and based on certain purchases not constituting, or no longer constituting, Eligible Purchases. For example, returns, and other adjustments (including price adjustments) may reduce the Member’s Points balance, where such adjustments entail a refund or discount to the benefit of the Member. Member’s Points will be deemed correct unless otherwise challenged with evidence that, in Our Place’s reasonable sole discretion, demonstrates a discrepancy that warrants correction. Our Place will not be liable for discrepancies, omissions, inconsistencies or errors in Member accounts or Member collection and/or redemption of any Points or Program Benefits, which are not caused by Our Place.


7. Redeeming Points for Rewards. As part of the Program Benefits of being a Member, Points may be redeemed for rewards made available by Our Place on the Site, and may be redeemed at participating stores (participating stores subject to change) from time to time in Our Place’s sole discretion (“Rewards”). Members are eligible to redeem Points for a Reward if the Member has enough Points in their account for that specific Reward. The monetary value of the Reward does not count toward Our Place’s free shipping threshold. Rewards are currently available in four redemption tiers of 100 Points, 150 Points, 200 Points and 300 Points. A fifth redemption tier of 500 points is available to the Host Tier. The redemption tiers and specific Rewards that are available to you at any given time will be as described on the “Dirty Dishes Club” section of your account home page from time to time. These Rewards may include, for example, options such as dollar-value discounts on your Order. Rewards may not be applied to certain types of purchases, such as gift cards, as determined by Our Place. Customers should check the Site for other available Program Benefits, Rewards, and any additional terms and conditions on the Program Benefits.  

To redeem your Points for a Reward on your upcoming Order, you may choose the Reward you wish to apply to your upcoming Order. You must be signed in to your account before placing the Order for your Rewards to be available at checkout. Once applied, your Points balance will be reduced by the cost of the Reward selected. You may only apply a maximum of one (1) Reward to each Order, and you may not redeem multiple Rewards on a single Order regardless of your Points balance or the Rewards availability shown. If you choose to return an item where you redeemed a Reward, you will be refunded for the price paid after applying the Reward, and any Points used will be returned to your account. 

Please note that the Program Benefits and Rewards that are available to you may vary from time to time based on availability. Our Place makes no promise of the continued availability of any Program Benefit or Reward, even if it is displayed to you on the Site. Program Benefits and Rewards are available until supplies last, and Our Place may modify, change, or discontinue the Points required for any tier or the Program Benefits offered to you at any time without notice in its sole discretion. Shipping and handling fees and/or taxes may apply to any purchases made through the Program. All purchases made through the Program are subject to the Our Place Terms of Service, which are included herein.   


8. Points Expiration. Unless otherwise noted, Points will automatically expire in any of the following scenarios:

- Within six (6) months after the calendar month in which such Points were earned. For example, if you earn Points on December 15, 2023, they will expire June 15, 2024.
- If a Member’s account is canceled by you or by us for any reason, including if you request that Our Place deletes your personal information, your full Points balance will expire and be automatically forfeited without compensation.

    9. Membership Cancellation. Members may cancel their Membership any time by emailing hello@fromourplace.com. If a Member cancels their participation in the Program, that Member will no longer earn Points and the Member will forfeit their unused and unexpired Points.

    10. Termination by Our Place. Without notice to you, Our Place reserves the right to suspend or terminate your account and/or your participation in the Program if Our Place, in its sole reasonable discretion, determines that you have violated these Loyalty Terms or that any use of your account is unauthorized, deceptive, fraudulent, unlawful, or otherwise appears to be in a manner inconsistent with these Loyalty Terms or the purposes of the Program. In the event that your account and/or your participation in the Program is terminated, all accrued Points in your account will be immediately void and forfeited without compensation. Our Place’s failure to insist upon or enforce each Member’s strict compliance with these Loyalty Terms will not constitute a waiver of any of its rights. Any decision Our Place makes relating to termination or suspension of any member’s participation in the Program in accordance with these Loyalty Terms shall be final and binding in all respects.

    11. Other important details about the Program. There are no participation or membership fees associated with the Program. Points accrued in connection with the Program are promotional and do not constitute property, do not entitle Members to a vested right or interest, and have no cash value. As such, Points are not redeemable for cash and may be taxable, depending on the value of the item and the federal, state, and local tax laws. Members are responsible for the payment of all taxes which may result from participation in the Program, and Our Place shall not withhold or pay any amounts for federal, state, provincial or municipal income tax, social security, unemployment or worker’s compensation. Points may not be transferred, auctioned, or assigned to, or shared with, any other person, including family, friends, or others, and are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. The Program is subject to all applicable laws, rules, and regulations.
    Points may not be used by Members for any commercial purpose. The sale of Points (whether directly or indirectly) is strictly prohibited, and any person identified or suspected by Our Place of attempting to sell Points may have their account terminated and all Points forfeited without compensation.
    Points may only be earned and redeemed in the Member’s country of residence. Points will not be transferred to other countries. This applies regardless of the currency being used in such country(ies). Different Program Benefits and Rewards may be offered in different countries, and a Member may not use Points earned in one country to access or redeem Program Benefits and Rewards in another country.
    Our Place reserves the right to remove Points from your account if it determines that such Points were improperly credited to your account or were obtained fraudulently. Points deposited into your account that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from your account. A Member’s redemption of Points accrued in connection with the Program cannot be combined with any other offers or discounts unless otherwise expressly authorized in writing by Our Place.

    12. Release. By participating in the Program, you agree to release Our Place, its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective attorneys, accountants, directors, officers, employees, and agents (collectively, “Released Parties”) from any and all claims and liability for any loss, harm, damages, cost or expense (collectively, “Claims”), including, without limitation, intellectual property infringement, property damages, personal injury and/or death, arising out of or in any way connected to the Program, Program Benefits, or any products or services purchased or access therefrom.  You agree to indemnify, defend and hold Released Parties from and against any and all third party Claims arising from, or related to any breach by you of any of these Loyalty Terms or any violation by you of applicable law. 

    13. Limitation of Liability. To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program or Program Benefits, or any products or services purchased or access therefrom shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  

    IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN OUR PLACE’S TERMS OF SERVICE, OUR PLACE’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP.

    14. Points Disputes. If a Member believes that Points should have been earned and that they have not timely posted to the Member’s Account, a Member may dispute their Points balance (“Points Dispute”) by emailing hello@fromourplace.com. We will use reasonable efforts to investigate all Points Disputes if a Member notifies us within sixty (60) days of the posting date or date in which the Points may have been earned. If Members do not notify us within that period, the Member waives their right to make a Points Dispute with respect to that purchase. We may require a Member to provide written confirmation of the Points Dispute and the applicable purchase receipt, and Our Place may decline to investigate further if a Member does not provide the requested confirmation or a valid  receipt as determined by us in our sole discretion.

    15. Mandatory arbitration and class action waiver for residents of the United States. Any dispute or claim relating in any way to the Program, these Loyalty Terms, your Membership, or the relationship between the parties will be resolved in accordance with our Terms of Service. IF YOU ARE AN UNITED STATES RESIDENT, THESE TERMS ARE SUBJECT TO MANDATORY ARBITRATION AND A CLASS ACTION WAIVER DESCRIBED IN SECTION 14 OF OUR TERMS OF SERVICE. THIS REQUIRES YOU TO SUBMIT CLAIMS TO BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 14.8. PLEASE CAREFULLY READ OUR TERMS OF SERVICE.

    16. Governing Law. This Agreement will be governed by and construed under the substantive laws of the State of Delaware, as if it were a contract wholly entered into and wholly performed within Delaware and without reference to conflict-of-laws considerations. Any dispute between you and Our Place that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of Los Angeles in the State of California and you and Our Place consent to the exclusive jurisdiction of such courts.

    17. Privacy. We value your privacy. The personal information collected from you in connection with the Program, including but not limited to purchases made in connection with your Membership or account information, will be used and disclosed by us in accordance with our Privacy Policy. Without limiting the foregoing, we will use and retain your personal information to (1) provide goods and services to you, such as servicing and maintaining your Program Membership with us; (2) protect against deceptive and fraudulent activity; (3) enable internal uses that are consistent with our Privacy Policy; and (4) comply with a legal obligation. By enrolling in the Program, each Member consents to the release of information to selected third parties to carry out the Program, as further detailed in our Privacy Policy. California and Colorado Residents: please review our Privacy Policy, which includes our Notice of Financial Incentives and Bona Fide Loyalty Programs.

    18. Communications and Customer Service. We may contact Members about the Program by mail, phone, e-mail or other methods permitted under applicable law (subject to any settings or marketing preferences related to your account). We are not responsible for communications lost or undelivered due to incorrect or changed address or contact information.

    19. Entire Agreement; Severability; Conflicts; No Waiver. These Loyalty Terms contain the entire agreement between each Member and us regarding the Program, and supersede any previous terms and conditions governing the Program we may have provided to each Member. The Program is not available where and to the extent prohibited by law. If any part of these Loyalty Terms conflict with applicable law, that provision will be deemed severed from these Loyalty Terms and the remainder of the Loyalty Terms will remain in effect. We will not lose our rights under these Loyalty Terms because we delay or do not enforce them.  All waivers of any of these Loyalty Terms by us must be in a writing executed by someone with authority to bind us.

    20. Contact Us. For information about the Program and your membership, email hello@fromourplace.com.

    Sponsor:

    Lagom Kitchen Company dba Our Place 
    2251 Barry Avenue
    Los Angeles, California 90064

    Effective Date: These Loyalty Terms were last updated on August 29, 2024.