PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE AND/OR THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
This is a legal agreement between you and us for use of the Website and offered Services. This Agreement applies to you, whether personally or on behalf of an entity, whether you visit our Website or use any Services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement.
If you access the Website from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Subject to the terms of this Agreement, we grant to you, a limited, non-exclusive, non-transferable and revocable license to access and use our Website and use our Services. The information accessed through our Website is not intended for viewing to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By creating an account and/or providing your personal information to us (directly or indirectly), you represent and warrant that:
- all information you submit will be true, accurate, current, and complete;
- you will not access the Website through automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Website for any illegal or unauthorized purpose; and
- your use of the Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We do not request your feedback concerning the Website. Nonetheless, if you provide us with any feedback (including through any contact information available on the Website or public forums) concerning the Website/Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Website.
You may not access our Website and/or use our Services for any purpose other than that for which we make the Website/Services available. As a user, you agree not to:
- circumvent, disable, or otherwise interfere with security-related features of the Website, including enforcing limitations on the use of the Website;
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user credentials;
- make improper use of our support services or submit false reports of abuse or misconduct;
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website and/or the App;
- attempt to impersonate another user or person or use the username of another user;
- sell or otherwise transfer your profile;
- use any information obtained from the Website in order to harass, abuse, or harm another person;
- use the Website as part of any effort to compete with us;
- use the data stored or features used in our Services for competitive activities;
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website that is not already made public by us;
- attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
- delete, or attempt to delete, the copyright or other proprietary rights notice from any of our content;
- upload or transmit or attempt to upload or transmit any content that is connected to race, national origin, gender, sexual preference, or physical handicap or any pornography;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or our Services, and use our Services in a manner inconsistent with any applicable laws or regulations.
LINKING TO OUR WEBSITE
You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any features and any links at any time without notice in our discretion.
If you upload or provide any information, images, videos, graphics, pictures, audio files, blogs, documents, reviews, food blogs or recipes or any other content to us (the “Content”), you grant us and our successors and assign, unrestricted, unlimited, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to host, use, copy, distribute, transmit, modify, prepare derivative works of such Content for any purpose, commercial or otherwise. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. We have the right, in our sole and absolute discretion, (1) to re-categorize any Contents to place them in more appropriate locations on the Website; and (2) to pre-screen or delete any Contents at any time and for any reason, without notice.
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- your Content is not false, inaccurate, or misleading;
- your Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
- your Content does not ridicule, mock, disparage, intimidate, or abuse anyone;
- your Content does not threaten or endanger the safety and security of another party
- your Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
- your Content does not violate any applicable law, regulation, or rule;
- your Content does not violate the privacy or publicity rights of any third party;
- your Content does not contain any material that solicits personal information or exploits people in a sexual or violent manner;
- your Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
We do not guarantee any confidentiality with respect to Content, regardless of whether or not it is published. You are solely responsible for your own Content and the consequences of posting or publishing it.
YOUR RIGHTS AND RESPONSIBILITIES
You are responsible for providing accurate information to us about yourself, and to inform us if and when that information changes. We cannot be responsible for incomplete and/or inaccurate information. You agree that under no circumstances may you impersonate another individual or represent that you are any individual or entity different from your actual identity. We will restrict any users who knowingly impersonate others.
INTERACTION WITH THIRD PARTIES
ONLINE PURCHASE, PAYMENTS, DELIVERY, CANCELLATIONS AND REFUNDS
TERM AND TERMINATION
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE/SERVICES WILL BE AT YOUR SOLE RISK AND WE DO NOT ENDOSE, PROMOTE, GUARANTEE OR WARRANT ANY PRODUCT OR SERVICES OFFERED FOR SALE BY OUR PARTNERS THROUGH OUR WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS OR FUNCTIONALITY OF THE WEBSITE’S OR APPS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE OR APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE/SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WHILE WE MAY PROVIDE PRICING, SHIPPING, LISTING, AND OTHER GUIDANCE IN OUR SERVICES, SUCH GUIDANCE IS SOLELY INFORMATIONAL AND YOU MAY DECIDE TO FOLLOW IT OR NOT. INFORMATION, STATEMENTS AND REVIEWS FROM ONLINE SUBSCRIBERS REGADING PRODUCTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. RESULTS, IMPRESSIONS AND SATISFACTION MAY VARY FROM PERSON TO PERSON AND MAY BE INACCURAGE OR INCORRECT. WE ASSUMED NO OWNERSHIP, ACCEPTANCE OR LIABILITY RELATING TO SUCH STATEMENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE, OR OUR DIRECTORS, EMPLOYEES, OFFICERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, APP OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID (IF ANY) BY YOU TO US FOR ANY SERVICES PROVIDED TO YOU DIRECTLY BY US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS LIMITED BY APPLICABLE LAW.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Website /Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website /Services.
We cannot guarantee the Website /Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website /Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website/Services at any time or for any reason without notice to you.
We reserve the right, but not the obligation, to:
- in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) access to the Website/Services or any portion thereof;
- in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
DISPUTE RESOLUTION AND ARBITRATION
CLASS ACTION WAIVER
Each party waives its right to arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If you choose to pursue a dispute in court by opting out of arbitration provided herein, this class action waiver will not apply to you.
When you provide information to us via the Website or send e-mails to us, you are communicating with us electronically. By providing information on our Website, you consent to receive communications (such as relating to marketing and delivery status) from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of this Agreement is invalid, illegal or unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.
NOTICE TO CONSUMERS