O'Season Terms and Conditions of Service


Last Updated: December 1, 2025


Welcome to the Terms and Conditions governing your use of oseasonlife.com (the “Site”), the O’Season mobile application (the “App”), and any related online services, features, or content (collectively, the “O’Season Platform”). The O’Season Platform is owned and operated by Bento Journal LLC (“O’Season,” “we,” “us,” or “our”).

1. Acceptance of Terms

By accessing, browsing, creating an account on, or otherwise using the O'Season Platform, you expressly acknowledge and agree that you have read, understood, and are bound by these Terms and Conditions (“Terms”) in their entirety. These Terms constitute a legally binding agreement between you and O'Season, and govern your use of all services, products, software, digital interfaces, features, and communications made available by O'Season.

If you do not agree to all provisions of these Terms, you must immediately discontinue access to the O'Season Platform. Continued use shall constitute renewed acceptance of all Terms, including any updates or modifications.


These Terms apply whether you access the Platform via desktop browser, mobile browser, mobile application, API, SMS interface, smart device integration, third-party platform, or any similar technology. You further acknowledge that your use may be subject to additional posted guidelines, rules, or terms, which are expressly incorporated herein.

If you access or use the Platform on behalf of a company, organization, trust, partnership, or other entity, you represent and warrant that you have full authority to bind that entity. In such cases, “you” refers both to you as an individual user and the entity you represent.
Your compliance with these Terms is a condition of your right to access and use the Platform.

2. Updates to Terms

O’Season may modify or update these Terms at any time, including to reflect changes in law, operational requirements, industry standards, or updates to the Services. Unless otherwise required by law, revised Terms become effective upon posting to the O’Season Platform. For material changes, O’Season will provide clear notice, which may include email or other reasonable methods.

Your continued use of the Platform after updated Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to any updates, you must discontinue use of the Services.

You are responsible for maintaining accurate contact information and for reviewing the Terms periodically. The “Last Updated” date at the top of these Terms reflects the most recent revision.

3. Eligibility

To access the O'Season Platform, you must be a natural person at least 18 years of age, or the legal age of majority in your jurisdiction, whichever is greater. By using the Platform, you represent and warrant that you (a) meet the age requirement, (b) reside in a location within O'Season’s service area, and (c) possess full legal authority to enter into binding agreements.


You may not use the Platform if you have been previously suspended, removed, or determined by O'Season to present a risk of fraud, misuse, or contractual nonperformance.


You may not create accounts using automated processes, bots, scripts, or other non-human mechanisms. O'Season reserves the right to deny or terminate accounts violating eligibility requirements.

4. About O'Season

O’Season is a sub-brand of Bento Journal LLC that provides freshly prepared ready-to-eat meals, weekly meal plans, nutritional information, optional referral facilitation for third-party wellness consultations, and related offerings (collectively, the “Services”).


O’Season is not a restaurant, grocery retailer, medical provider, or health-care organization, and the Services are not intended to replace professional medical or dietary advice.

All meals are prepared on the same day they are delivered. Meals are produced in O’Season-approved facilities each morning, maintained under low-temperature conditions, and delivered to the customer’s designated address that same afternoon. O’Season does not guarantee uninterrupted availability of any particular meal, ingredient, nutritional profile, or menu option, and may modify, substitute, or discontinue any aspect of the Services at any time.

Menu development is informed by professional nutritionists; however, O’Season does not provide individualized medical, nutritional, or therapeutic advice. Upon a customer’s request, O’Season may facilitate an introduction to an independent third-party health consulting provider for optional 1-on-1 wellness consultations. O’Season’s role is strictly limited to scheduling assistance and transmitting the customer’s name only for appointment purposes. No other personal information will be shared without the customer’s explicit consent. All consultation services are provided exclusively by the third-party provider and are subject solely to that provider’s terms, qualifications, and professional obligations. O’Season disclaims all responsibility for third-party advice, recommendations, or services.

Product availability, ingredients, pricing, and nutritional information may vary based on geographic region, supplier availability, and operational conditions. Seasonal programs, promotions, and specialty offerings may be introduced or discontinued at O’Season’s discretion and are governed by these Terms unless expressly stated otherwise.


5. Account Registration and Security; E-Sign Disclosure & Consent

Account Registration

To access certain features, you must create an O'Season account. When registering, you agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update your information as needed, and (c) maintain strict confidentiality over your login credentials.

You are solely responsible for all activities conducted under your account, whether or not authorized by you. O'Season disclaims liability for unauthorized access arising from password compromise, weak passwords, credential sharing, or device insecurity.
You agree to immediately notify O'Season of any suspected unauthorized activity, breach of security, or loss of device credentials. O'Season reserves the right to require identity verification, suspend access, or terminate accounts where security concerns arise.


E-Sign Disclosure & Consent

By creating an account or using the O’Season Platform, you consent to receive all disclosures, agreements, notices, billing statements, order confirmations, updates to these Terms, and any other communications (“Electronic Communications”) electronically. Electronic Communications may be sent by email, SMS, push notification, or posted to the Platform.

Electronic Communications satisfy any legal requirement that such communications be in writing. You agree to maintain accurate contact information and understand that O’Season is not responsible for failed delivery caused by spam filters, incorrect contact information, or technical issues outside O’Season’s control.

If you wish to withdraw consent, you must discontinue use of the Platform and close your account, as O’Season provides communications only in electronic form. Your continued use confirms your ability to receive and retain Electronic Communications.


6. User Conduct

You agree to use the O’Season Platform only for lawful purposes and in compliance with these Terms and all applicable laws. In connection with your access to or use of the Platform, you will not, directly or indirectly:

 

Platform Misuse & Security

  • interfere with, disrupt, or impair the operation or security of the Platform or any connected systems;
  • attempt to gain unauthorized access to any account, system, data, or network;
  • use automated scripts, bots, spiders, scrapers, or similar tools to access, extract, or monitor data;
  • upload or transmit viruses, malware, or any harmful or disruptive code;
  • reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Platform;
  • remove, obscure, or alter any trademark, copyright, or proprietary notices.

 

Misrepresentation, Abuse & Unlawful Behavior

  • impersonate any person or entity or misrepresent your affiliation;
  • harass, threaten, stalk, or harm any user or O’Season personnel;
  • use the Platform for fraudulent, deceptive, or unauthorized commercial purposes;
  • engage in conduct that restricts or inhibits others’ use of the Platform or that exposes O’Season to legal liability.

 

Content Restrictions

Any content or information you submit must not:

  • be false, misleading, defamatory, obscene, abusive, hateful, or otherwise objectionable;
  • infringe upon the rights of any third party, including intellectual property, privacy, or publicity rights;
  • violate any applicable law or regulatory requirement;
  • include personal contact information except where requested for account or order purposes;
  • contain any malicious code or mechanisms intended to intercept or exfiltrate data;
  • create any circumstance that could classify O’Season as a regulated food-service establishment.

 

No Resale or Redistribution of Products

Meals, meal plans, and related products purchased through the O’Season Platform are for personal, non-commercial use only. You may not resell, redistribute, donate for resale, repackage, or transfer any O’Season products for commercial or promotional purposes. Unauthorized resale or redistribution may result in immediate account suspension, cancellation of orders, and any remedies available to O’Season at law or in equity.


Enforcement

O’Season may investigate suspected violations and may suspend or terminate access to the Platform for prohibited conduct, misuse, or unlawful activity. O’Season may also take legal action or refer matters to law enforcement where appropriate.

7. Test Features

O'Season may, from time to time, offer experimental features, interfaces, workflows, algorithms, or meal-selection tools (“Test Features”). Test Features may be limited to select users, changed without notice, or discontinued at O'Season’s sole discretion.
By using Test Features, you acknowledge that they may be incomplete, unstable, or contain functional limitations. O'Season disclaims all warranties with respect to Test Features and shall not be liable for losses arising from their use.


8. Ordering, Payments, and Subscriptions

Customers may place orders through the O’Season website using (a) a registered O’Season account, (b) approved third-party login credentials (e.g., Google or Apple), or (c) guest checkout. Registered and third-party login users may access subscription and order management features. Guest checkout customers will receive a confirmation email that serves as proof of purchase.


Pricing and Fees

All prices are listed in U.S. dollars and exclude applicable taxes, delivery charges, and service fees. Prices and fees may vary based on delivery location, product availability, and operational conditions. Certain menu items or premium selections may incur additional fees, and you agree to pay all such charges selected or incurred by you.


One-time Purchases and Weekly Subscriptions

Customers may either (a) place a one-time weekly order or (b) enroll in a weekly auto-renewing subscription, which includes a 5% discount on each recurring order. For subscription purchases, your designated payment method will be charged automatically each week until cancellation. Before completing a subscription purchase, you must take a distinct affirmative action acknowledging the auto-renewal terms, recurring charges, and cancellation policy. Customers will receive a written acknowledgment of the auto-renewing terms via email.


Payment Authorization

By placing an order or maintaining an active subscription, you authorize O’Season to:

1.    Charge your designated payment method for all applicable charges, including subscription fees, taxes, delivery fees, service fees, and any other amounts owed under these Terms;

2.    Automatically charge any alternative payment method you have provided if your primary method is declined or unavailable;

3.    Transmit payment information to third-party payment processors (such as Stripe) as necessary to facilitate payment processing, fraud monitoring, and related services; and

4.    Re-attempt failed payments in accordance with processor rules.


You agree to maintain at least one valid payment method on file at all times.


Taxes

You are responsible for all applicable sales, use, excise, or similar taxes associated with your orders. Where required by law, O’Season will calculate, collect, and remit such taxes at checkout. Tax rates may vary based on your delivery address and applicable regulations.


Failed Payments & Account Suspension

If a payment is declined or cannot be processed, O’Season may suspend or cancel your deliveries, retry the charge using any available payment method, and/or pursue outstanding balances, which may include engaging collection agencies. You remain responsible for all uncollected amounts.


Price Changes

O'Season may modify subscription pricing upon no less than 7 days' advance notice. Continued use of the subscription after the effective date of the updated pricing constitutes acceptance of the modified terms.


Refunds and Adjustments

Except as expressly provided in these Terms, all charges are non-refundable once processed. Refunds, credits, or replacements may be issued only in the following circumstances, as determined in O’Season’s sole discretion:

1.    meals that are spoiled, damaged, or unsafe upon delivery;

2.    incorrect, incomplete, or missing items caused by O’Season;

3.    delivery failures attributable to O’Season (and not caused by inaccurate delivery details or failure to retrieve the order promptly).


O’Season may request reasonable documentation, including photographs, to verify the issue.


Chargebacks

You agree not to initiate a chargeback with your payment card issuer before contacting O’Season to attempt resolution of any billing dispute. Invalid or unauthorized chargebacks may result in suspension or termination of your subscription, as well as recovery of outstanding amounts.


Cancellation

You may cancel your subscription at any time before your next billing cycle through your O’Season account or by contacting Customer Support. Cancellation requests submitted after an order has entered the “Processing” stage will apply to the following billing cycle.

9. Promotions, Credits, Gift Cards, and Vouchers


Promotions & Credits
Promotional offers may include eligibility requirements, expiration dates, minimum purchase thresholds, and one-per-household limits. O’Season may rescind or restrict any promotion for suspected fraud, abuse, or policy violations. Account credits are promotional, non-transferable, not redeemable for cash, and expire upon account closure.


Gift Cards
Gift Cards may be purchased or received through the Site or App and redeemed only toward eligible O’Season purchases. When applied, the balance converts to account credit and is automatically deducted from future eligible charges until fully used.
Gift Cards are non-refundable, non-replaceable if lost, stolen, or damaged (except as required by law), and may not be resold. O’Season may decline to honor any Gift Card obtained through fraud or unauthorized resale.

Unused Gift Card balances are not redeemable for cash, except where required by law or as permitted under O’Season’s discretionary customer-service policies. Customers may contact contact@oseasonlife.com to request assistance with unused balances. Gift Cards retain their value for at least nine (9) years from the date of issuance, consistent with New York law.


Vouchers
O’Season may issue promotional codes or trial offers (“Vouchers”). Unless otherwise stated, Vouchers:

- require an O’Season account and code entry at checkout;

- may be used once per household and apply only to the first week of service;

- may not be copied, transferred, or posted to unauthorized websites;

- are forfeited upon account closure;

- may be deactivated or withdrawn at any time unless already purchased.


Use of a Voucher constitutes acceptance of these Terms and any special Voucher conditions. After the promotional period ends, your plan will automatically renew at standard rates unless canceled in advance.

10. Delivery; Risk of Loss; Food Safety

Meals are delivered by O’Season or by delivery personnel engaged on O’Season’s behalf. Daily delivery generally occurs between 3:00 p.m. and 8:00 p.m., although all delivery windows are estimates only and may vary based on order volume, weather conditions, traffic, staffing, or other operational factors. Once delivery is completed, customers will receive an automated SMS confirmation.


Accurate Delivery Information
You are solely responsible for providing complete and accurate delivery information, including apartment numbers, building access instructions, gate codes, buzzer details, and any other necessary delivery notes. O’Season is not responsible for delays, failed deliveries, or spoilage resulting from incomplete, inaccurate, or outdated delivery information provided by you.


Proper Delivery
A delivery is considered “properly delivered” when O’Season’s delivery personnel deliver the order to the address and drop-off location you designated at checkout and follow any delivery instructions you provided. If delivery personnel deliver to an incorrect address or fail to follow your stated delivery instructions, O’Season will issue appropriate credits or replacements, as determined in O’Season’s sole discretion.


Drop-Off and Refrigeration
Unless otherwise instructed, orders may be left at your doorstep, with building staff, or in a building’s designated delivery area. Meals must be refrigerated immediately upon receipt. O’Season is not responsible for spoilage, temperature deviation, or foodborne illness resulting from failure to promptly retrieve or properly store meals after delivery.


Inspection of Deliveries.
You must inspect all delivered meals promptly upon receipt. Any missing items, damaged packaging, or concerns regarding food safety must be reported to O’Season within 24 hours of delivery. O’Season may request photographs or additional information to validate the issue before issuing credits or replacements.


Delivery-Confirmed Orders
If an order is marked as delivered by O’Season but is not received by you, O’Season will assist in investigating the matter. However, O’Season is not responsible for theft, loss, or damage occurring after proper delivery. If O’Season confirms delivery error, O’Season will issue an appropriate credit or replacement.


Weather and Operational Delays
Deliveries may be delayed due to severe weather, natural disasters, staffing shortages, supply-chain disruptions, or other circumstances outside O’Season’s reasonable control. O’Season will deliver orders as soon as practicable under the circumstances but shall not be liable for delays caused by such events.


11. Food Substitution Policy
Product availability may vary and O’Season cannot guarantee the availability of any specific meal, ingredient, or item. If a product becomes unavailable, O’Season may substitute a comparable item of equal or greater quality. O’Season will make reasonable efforts to notify you of any substitution before delivery. If you have concerns regarding substitutions, you may contact contact@oseasonlife.com for assistance.


12. Food Safety and Allergens

Safe Food Handling and Preparation

Upon delivery to your designated address, risk of loss, spoilage, and all food-safety responsibilities transfer to you. To the fullest extent permitted by law, O’Season disclaims liability for improper handling, storage, or preparation of meals after delivery.

You are solely responsible for promptly retrieving your order, refrigerating all perishable items, and following safe-handling practices consistent with USDA Food Safety Guidelines. This includes, without limitation:

- Ensuring that perishable items arrive at or below 41°F using a food thermometer;

- Following all safe-handling and storage instructions provided with your meals; and

- Preparing and heating meals in accordance with recognized food-safety standards.


For consumer safety, O’Season recommends following the USDA recommended minimum internal cooking temperatures, measured with a food thermometer:

- 145°F with a 3-minute rest for beef, pork, lamb, and veal (steaks, chops, roasts)

- 160°F for ground meats

- 165°F for all poultry

- 145°F for fish and shellfish

https://www.fsis.usda.gov/food-safety/safe-food-handling-and-preparation/food-safety-basics/safe-temperature-chart

USDA recommendations may be updated periodically; customers should consult the most current federal guidance. Questions regarding meal handling or preparation may be directed to contact@oseasonlife.com.

Allergen Disclosure

All meals are prepared in facilities that handle all major U.S. allergens, including dairy, eggs, wheat, soy, fish, shellfish, tree nuts, peanuts, and sesame. Despite reasonable preventative measures, cross-contact may occur, and O’Season does not guarantee that any product is allergen-free.


You are responsible for reviewing ingredient information and determine whether a meal is appropriate for your dietary needs. Customers with severe allergies should exercise extreme caution and consult a licensed medical professional before consuming O'Season meals.


To the fullest extent permitted by law, O’Season expressly disclaims liability for allergic reactions, dietary sensitivities, improper handling, or any adverse health effects arising from or relating to the consumption of its meals.

13. Medical Disclaimer

O’Season is not a medical organization and does not provide medical advice, diagnosis, treatment, or emergency care. All nutritional information, ingredient descriptions, calorie counts, and dietary suggestions offered through the O’Season Platform are provided solely for general informational purposes and are not a substitute for professional medical advice. No doctor–patient relationship is created through your use of the Services. If you believe you are experiencing a medical emergency, call 911 immediately.


Medical Conditions
Individuals with certain health conditions must obtain approval from a licensed healthcare professional before consuming O’Season meals or participating in any O’Season program. These conditions include, but are not limited to: pregnancy, nursing, eating disorders (including anorexia and bulimia), chronic kidney disease, metabolic disorders, and any situation in which the individual is under the age of 17. You must also seek medical clearance if you have any serious medical condition, are under treatment for a chronic illness, or are following a therapeutic or medically supervised diet.


No Medical Advice
Information provided through the Site, App, or Services should not be interpreted as medical advice or used as a substitute for individualized professional medical judgment. You should never disregard medical guidance or delay seeking treatment because of something you read or receive from O’Season. If any information from O’Season conflicts with directions from your healthcare provider, you must follow your provider’s advice.


Medical Supervision
O’Season is not a licensed medical provider and does not offer medically supervised programs. You are strongly encouraged to consult with your healthcare provider before beginning use of the Services, obtain regular medical check-ups as recommended, and seek medical approval if you have any underlying health concerns or conditions.


Health, Nutrition, and Weight-Related Claims
Any statements regarding health, nutrition, or weight management are provided for informational purposes only. O’Season does not guarantee any particular health or weight outcome; results vary significantly among individuals, and it is possible to gain weight while using the Services. Lack of results or dissatisfaction with personal outcomes does not constitute grounds for refunds, credits, or damages.

At a customer’s request, O’Season may facilitate an introduction to an independent third-party health consulting provider for optional wellness consultations. O’Season does not review, supervise, endorse, or guarantee any advice or services provided by such third-party professionals. Any health-related recommendations offered during these consultations are provided exclusively by the third-party provider, and you are solely responsible for evaluating and acting upon such advice. O’Season expressly disclaims all liability arising from or relating to third-party consultations.


14. Third-Party Services

O’Season does not currently offer its products through third-party marketplaces, delivery apps, or retail platforms. If O’Season later makes products available through such channels, those purchases will be subject to the third party’s pricing, terms, and delivery practices.

O’Season may, at your request, help schedule optional one-on-one wellness consultations with an independent third-party health consulting provider (“Health Consulting Provider”). To arrange a consultation, O’Season will share only your name with the provider. No other personal information will be disclosed without your express consent.

Health Consulting Providers operate independently from O’Season. O’Season does not verify, supervise, or guarantee any recommendations or services they provide. Your engagement with a Health Consulting Provider is solely between you and that provider, and O’Season disclaims all liability arising from those third-party services.


15. Intellectual Property Rights

 

Proprietary Rights
O’Season owns all rights, title, and interest in and to the Platform and all content made available through it, including software, text, graphics, images, audio, video, and other materials (“Materials”). The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws.


O’Season grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Platform and Materials for your personal, non-commercial use only. Any reproduction, distribution, modification, public display, creation of derivative works, or other unauthorized use is strictly prohibited without O’Season’s prior written consent.

 

User Content
You retain ownership of any content you submit through the Platform. By submitting content, you grant O’Season a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, display, and create derivative works from such content as necessary to operate, maintain, and improve the Platform. User content will be handled in accordance with the Privacy Policy. O’Season does not claim ownership of third-party content posted by users and is not responsible for proprietary material submitted by others.

 

Trademarks
“O’Season” and all related names, logos, product and service names, designs, and slogans are trademarks of O’Season. You may not use any O’Season trademarks, trade names, or trade dress without prior written permission. All other marks appearing on the Platform are the property of their respective owners. You may not remove or alter any copyright or proprietary notices contained on the Platform or Materials.

 

DMCA Copyright Policy

If you believe that material on the Platform infringes your copyright, you may submit a DMCA-compliant notice to O’Season’s designated copyright agent. Your notice must include:

  1. a physical or electronic signature of the copyright owner or authorized agent;
  2. identification of the copyrighted work claimed to be infringed;
  3. identification of the material alleged to be infringing and its location;
  4. your contact information;
  5. a statement of good-faith belief that the use is not authorized; and
  6. a statement under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.


O’Season’s designated DMCA Agent to receive notifications of claimed copyright infringement is:

 

DMCA Agent
Bento Journal LLC
418 Broadway, Suite N
Albany, NY 12207
Email: contact@oseasonlife.com


Notifications must be submitted in accordance with the DMCA requirements described above. O’Season may remove or disable access to allegedly infringing material and may terminate repeat infringers as appropriate.

Feedback

Any feedback, proposals, ideas, or suggestions you provide (collectively, “Feedback”) become the exclusive property of O'Season. O'Season is free to use Feedback without acknowledgment, compensation, or accounting to you. Feedback does not create any confidentiality obligation.

16. Privacy, Third-Party Accounts & Communications

Privacy Policy

Your use of the O’Season Platform is subject to O’Season’s Privacy Policy, which is incorporated into these Terms by reference and available on the Site. By accessing or using the Services, you acknowledge and agree that O’Season may collect, use, disclose, and process personal information as described in the Privacy Policy.
For clarity, and as further detailed in the Privacy Policy, O’Season may share your name only with an independent third-party health consultation provider solely to coordinate optional wellness consultations you request. No additional personal information will be shared without your express consent.


Social Media and Third-Party Accounts

The Platform may allow you to log in or connect your Account using third-party services (“Third-Party Accounts”). By enabling this feature, you:

  • represent that you are authorized to share your Third-Party Account credentials with O’Season;
  • authorize O’Season to access, store, use, transmit, and display information or materials made available through such accounts (“TPA Content”) for Platform functionality; and
  • acknowledge that the availability of TPA Content depends on your settings with the third-party provider and may cease if permissions are revoked or the service becomes unavailable.


Your relationship with each third-party provider is governed solely by your agreement with that provider. O’Season does not control, review, or assume responsibility for the accuracy, legality, or appropriateness of any TPA Content and disclaims all liability arising from your use of Third-Party Accounts.


Link to Third-Party Sites

The Platform may contain links to third-party websites or resources. O’Season does not control, endorse, or assume responsibility for any third-party content, products, services, privacy practices, or security. Accessing third-party sites is at your own risk, and your interactions with those sites are governed solely by their terms and policies. O’Season disclaims all liability arising from your use of or reliance on third-party websites.


Telephone Calls and SMS Messages

You must provide a valid telephone number for order fulfillment, account management, and service communications. Calls to or from O’Season may be monitored or recorded for quality or compliance purposes.


If you opt in to SMS communications, you consent to receiving automated and non-automated text messages regarding:

  • account and service notifications,
  • order and delivery updates,
  • payment reminders or debt-collection communications, and
  • promotional or marketing messages.

Message frequency may vary. Standard message and data rates may apply. You may opt out of promotional texts at any time by replying “STOP.” O’Season may continue sending non-marketing, service-related messages as permitted by law. Replies of “HELP” will provide assistance.
O’Season is not responsible for delayed, blocked, or undelivered messages, and you agree to update your phone number promptly to prevent misdirected communications.


Email Communications

As a Registered User, you agree to receive transactional and service-related emails from O’Season, including order confirmations, account notices, and product or service updates. You may opt out of promotional emails at any time, though doing so may affect access to certain features of the Platform.


17. Disclaimer of Warranties

The O'Season Platform and all products and services are provided “AS IS,” “AS AVAILABLE,” and without any warranty—express, implied, or statutory. O'Season disclaims all warranties including merchantability, fitness for a particular purpose, non-infringement, accuracy, error-free operation, continuous availability, or suitability for dietary needs. You acknowledge that nutritional information may vary based on suppliers, preparation methods, or production changes.

18. Limitation of Liability

To the fullest extent permitted by law, O'Season disclaims liability for all indirect, incidental, consequential, punitive, exemplary, or special damages arising out of or relating to your use of the Platform, your consumption of any meals or products, delays in delivery, inaccurate information, or operational issues of any kind.

Without limiting the foregoing, O'Season expressly disclaims liability for:
(a) allergic reactions, food sensitivities, dietary issues, or adverse health effects resulting from your consumption of meals;
(b) improper storage, handling, or preparation of meals after delivery, including failure to refrigerate promptly or follow food-safety guidelines;
(c) variations in ingredient composition, cross-contact with allergens, or supplier changes; and
(d) any reliance on nutritional, caloric, or ingredient information that may vary due to production or sourcing variability.

All meals are provided with the expectation that they will be stored, handled, and consumed in accordance with recognized USDA food-safety standards. O'Season is not responsible for spoilage, temperature deviation, or foodborne illness resulting from failure to follow such guidance.

O'Season further disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty beyond the meal being fit for consumption at the time of delivery when properly stored and handled thereafter.

To the fullest extent permitted by applicable law, O'Season’s total aggregate liability for any claim arising out of or relating to the Platform, meals, or services shall not exceed the total amount paid by you to O'Season in the 30 days immediately preceding the event giving rise to the claim. Some jurisdictions may not allow limitations of certain damages or implied warranties; in such cases, these limitations shall apply to the maximum extent permitted by law.

19. Indemnification

You agree to indemnify, defend, and hold harmless O’Season, its parent company, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

- your use, handling, storage, preparation, or consumption of meals;

- your breach of these Terms or any applicable law;

- your negligence, misuse, or unauthorized resale or redistribution of O’Season products;

- any inaccurate, incomplete, or misleading information you provide; or

- your use of the O’Season Platform, including any user-generated content you submit.

O’Season reserves the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate with O’Season in such defense.

20. Fraud Prevention; Account Suspension

O'Season may investigate any suspected fraud, misuse, or violation. O'Season may suspend or terminate accounts, refuse service, require identity verification, cancel orders, or report misconduct to authorities. Indicators of fraud include chargeback abuse, multiple accounts, suspicious activity, or attempts to circumvent controls.

21. Termination

You may terminate your account at any time. O'Season may terminate or suspend your access with or without cause. Termination does not affect orders already processed.
Upon termination, all promotional credits are forfeited. Sections relating to intellectual property, arbitration, indemnification, limitation of liability, and warranty disclaimers survive termination.

22. Force Majeure

O’Season shall not be liable for any delay, interruption, or failure to perform its obligations under these Terms to the extent such failure results from circumstances beyond its reasonable control (“Force Majeure Event”). Force Majeure Events include, without limitation: acts of God; natural disasters; fire; flood; severe weather; epidemics or public health emergencies; labor disputes or strikes; supply-chain disruptions; transportation or delivery delays; acts of war, terrorism, or civil unrest; government orders or restrictions; utility outages; cyberattacks; and failures of third-party vendors, carriers, or communication networks.


During a Force Majeure Event, O’Season’s performance will be excused and suspended for the duration of the disruption. O’Season will make commercially reasonable efforts to resume services when practicable; however, O’Season shall not be liable for any losses or inconvenience arising from such delay or suspension.


O’Season may, without liability, modify, delay, or cancel any affected deliveries or services. Nothing herein requires O’Season to source alternative suppliers, incur additional costs, or take any action that O’Season determines, in its sole discretion, to be commercially unreasonable.


23. Arbitration and Class Action Waiver (New York, NY)


Mandatory Arbitration 
EXCEPT AS EXPRESSLY PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE O'SEASON PLATFORM SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”).

The arbitration shall be conducted in New York, NY before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.


Waiver of Class Actions 
YOU AND O'SEASON AGREE THAT ARBITRATION SHALL BE CONDUCTED ONLY IN YOUR INDIVIDUAL CAPACITY. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR JOINT ACTION.


Exceptions  
You may bring individual claims in small claims court if eligible. Injunctive relief claims regarding intellectual property may be brought before a court of competent jurisdiction.

Arbitration Procedures 
Arbitration shall proceed under AAA Consumer Arbitration Rules. The arbitrator shall have authority to award any remedy permitted under applicable law, except punitive damages beyond statutory limits.


Opt-Out Rights 
You may opt out within 30 days of account creation by sending written notice to contact@oseasonlife.com including your name, email, address, and a statement clearly indicating your desire to opt out of arbitration.


Survival 
This arbitration provision survives termination of your account and cessation of Platform use.


24. Accessibility

O’Season is committed to providing a digital experience that is accessible to individuals with disabilities in accordance with applicable laws and recognized accessibility standards. O’Season endeavors to align its website and mobile applications with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, as such standards may evolve.


O’Season engages in ongoing efforts to assess, maintain, and improve the accessibility and usability of the Platform. Because accessibility needs vary by user, device, and technology, O’Season does not represent or warrant that all content or features will be fully accessible at all times. However, O’Season will make reasonable efforts to address reported accessibility issues within a commercially practicable timeframe.


If you experience difficulty accessing any portion of the Platform, need assistance, or wish to provide accessibility-related feedback, please contact O’Season at contact@oseasonlife.com or through the accessibility tool located on the Site. O’Season will review all submissions and take appropriate steps to address reported concerns.



25. Governing Law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Any permitted judicial proceedings shall be brought in the state or federal courts located in New York County, New York. You agree to waive any objection to venue or forum non conveniens.

26. Contact Information

All legal notices or communications to O’Season must be sent in writing by certified mail to:

Bento Journal LLC
418 Broadway, Suite N
Albany, NY 12207

O’Season may provide notices to you through the Platform, by posting to your account, or by email sent to the address associated with your account.

For purposes of these Terms:

- Notices sent by certified mail are deemed delivered five (5) days after mailing.

- Notices sent by email are deemed delivered 48 hours after transmission unless O’Season receives notice of invalid or undeliverable status.


Customer service inquiries or user complaints—which do not constitute legal notice—should be directed to contact@oseasonlife.com. Customer Support is available daily from 9:00 a.m. to 7:30 p.m. Eastern Time.