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`This Terms of Use Agreement (“Agreement”) constitutes alegally binding agreement made between you, whether personally or on behalf ofan entity (“user” or “you”) and Open Kitchen LLC. and its affiliated companies(collectively, “Company” or “we” or “us” or “our”), concerning your access toand use of the www.appetivo.com website as well as any other media form, mediachannel, mobile website or mobile application related or connected thereto(collectively, the “Website”). The Website provides the following service:Appetivo is a personalized food ordering application for web and mobile thatenables ANYONE who like to cook food such as, home chefs, restaurants or foodtrucks to open digital kitchens on IOS or Android and serve food to nearbycustomers ANYWHERE IN THE WORLD. Customers can search by cuisine, browseappetizing food images or use their mobile GPS location features to find thebest food in their area. (“Company Services”). Supplemental terms andconditions or documents that may be posted on the Website from time to time,are hereby expressly incorporated into this Agreement by reference.
Company makes no representation that the Website isappropriate or available in other locations other than where it is operated byCompany. The information provided on the Website is not intended fordistribution to or use by any person or entity in any jurisdiction or countrywhere such distribution or use would be contrary to law or regulation or whichwould subject Company to any registration requirement within such jurisdictionor country. Accordingly, those persons who choose to access the Website from otherlocations do so on their own initiative and are solely responsible forcompliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which theyreside (generally under the age of 18) must have the permission of, and bedirectly supervised by, their parent or guardian to use the Website. If you area minor, you must have your parent or guardian read and agree to this Agreementprior to you using the Website. Persons under the age of 13 are not permittedto register for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BYACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE)AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THISAGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THEFUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICESOR THE WEBSITE.
PURCHASES; PAYMENT
Company bills you through an online billing account forpurchases of products and/or services. You agree to pay Company all charges atthe prices then in effect for the products you or other persons using yourbilling account may purchase, and you authorize Company to charge your chosenpayment provider for any such purchases. You agree to make payment using thatselected payment method. If you have ordered a product or service that issubject to recurring charges then you consent to our charging your paymentmethod on a recurring basis, without requiring your prior approval from you foreach recurring charge until such time as you cancel the applicable product orservice. Company reserves the right to correct any errors or mistakes inpricing that it makes even if it has already requested or received payment.Sales tax will be added to the sales price of purchases as deemed required byCompany. Company may change prices at any time. All payments shall be in U.S.dollars.
REFUND POLICY
All sales are final and no refunds shall be issued.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company Services, you represent and warrantthat:
A. all registration information you submit is truthful andaccurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will beresponsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which youreside, or if a minor, you have received parental permission to use thisWebsite; and
E. your use of the Company Services does not violate anyapplicable law or regulation.
You also agree to: (a) provide true, accurate, current andcomplete information about yourself as prompted by the Website’s registrationform and (b) maintain and promptly update registration data to keep it true,accurate, current and complete. If you provide any information that is untrue,inaccurate, not current or incomplete, or Company has reasonable grounds tosuspect that such information is untrue, inaccurate, not current or incomplete,Company has the right to suspend or terminate your account and refuse any andall current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when theuser name is obscene or otherwise objectionable or when a trademark ownercomplains about a username that does not closely relate to a user\'s actualname.
Regarding Content You Provide
The Website may invite you to chat or participate in blogs,message boards, online forums and other functionality and may provide you withthe opportunity to create, submit, post, display, transmit, perform, publish,distribute or broadcast content and materials to Company and/or to or via theWebsite, including, without limitation, text, writings, video, audio,photographs, graphics, comments, suggestions or personally identifiableinformation or other material (collectively "Contributions"). AnyContributions you transmit to Company will be treated as non-confidential andnon-proprietary. When you create or make available a Contribution, you therebyrepresent and warrant that:
A. the creation, distribution, transmission, public displayand performance, accessing, downloading and copying of your Contribution doesnot and will not infringe the proprietary rights, including but not limited tothe copyright, patent, trademark, trade secret or moral rights of any thirdparty;
B. you are the creator and owner of or have the necessarylicenses, rights, consents, releases and permissions to use and to authorizeCompany and the Website users to use your Contributions as necessary toexercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or permissionof each and every identifiable individual person in the Contribution to use thename or likeness of each and every such identifiable individual person toenable inclusion and use of the Contribution in the manner contemplated by thisWebsite;
D. your Contribution is not obscene, lewd, lascivious,filthy, violent, harassing or otherwise objectionable (as determined byCompany), libelous or slanderous, does not ridicule, mock, disparage,intimidate or abuse anyone, does not advocate the violent overthrow of anygovernment, does not incite, encourage or threaten physical harm againstanother, does not violate any applicable law, regulation, or rule, and does notviolate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that solicitspersonal information from anyone under 18 or exploit people under the age of 18in a sexual or violent manner, and does not violate any federal or state lawconcerning child pornography or otherwise intended to protect the health orwell-being of minors;
F. your Contribution does not include any offensive commentsthat are connected to race, national origin, gender, sexual preference orphysical handicap;
G. your Contribution does not otherwise violate, or link tomaterial that violates, any provision of this Agreement or any applicable lawor regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Website, ormaking them accessible to the Website by linking your account to any of yoursocial network accounts, you automatically grant, and you represent and warrantthat you have the right to grant, to Company an unrestricted, unconditional,unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,fully-paid, worldwide right and license to host, use, copy, reproduce,disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,publicly perform, publicly display, reformat, translate, transmit, excerpt (inwhole or in part) and distribute such Contributions (including, withoutlimitation, your image and voice) for any purpose, commercial, advertising, orotherwise, to prepare derivative works of, or incorporate into other works,such Contributions, and to grant and authorize sublicenses of the foregoing. Theuse and distribution may occur in any media formats and through any mediachannels. Such use and distribution license will apply to any form, media, ortechnology now known or hereafter developed, and includes our use of your name,company name, and franchise name, as applicable, and any of the trademarks,service marks, trade names and logos, personal and commercial images youprovide. Company does not assert any ownership over your Contributions; rather,as between us and you, subject to the rights granted to us in this Agreement,you retain full ownership of all of your Contributions and any intellectualproperty rights or other proprietary rights associated with your Contributions.
Company has the right, in our sole and absolute discretion,to (i) edit, redact or otherwise change any Contributions, (ii) re-categorizeany Contributions to place them in more appropriate locations or (iii)pre-screen or delete any Contributions that are determined to be inappropriateor otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you herebyauthorize Company to grant to each end user a personal, limited,non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license toaccess, download, print and otherwise use your Contributions for their internalpurposes and not for distribution, transfer, sale or commercial exploitation ofany kind.
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in its solediscretion. Company has absolutely no obligation to screen reviews or to deletereviews, even if anyone considers reviews objectionable or inaccurate. Thosepersons posting reviews should comply with the following criteria: (1)reviewers should have firsthand experience with the person/entity being reviewed;(2) reviews should not contain: offensive language, profanity, or abusive,racist, or hate language; discriminatory references based on religion, race,gender, national origin, age, marital status, sexual orientation or disability;or references to illegal activity; (3) reviewers should not be affiliated withcompetitors if posting negative reviews; (4) reviewers should not make anyconclusions as to the legality of conduct; and (5) reviewers may not post anyfalse statements or organize a campaign encouraging others to post reviews,whether positive or negative. Reviews are not endorsed by Company, and do notrepresent the views of Company or of any affiliate or partner of Company.Company does not assume liability for any review or for any claims, liabilitiesor losses resulting from any review. By posting a review, the reviewer herebygrants to Company a perpetual, non-exclusive, worldwide, royalty-free,fully-paid, assignable and sublicensable license to Company to reproduce,modify, translate, transmit by any means, display, perform and/or distributeall content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the Company Services via a mobileapplication, then Company grants you a revocable, non-exclusive, non-transferable,limited right to install and use the application on wireless handsets owned andcontrolled by you, and to access and use the application on such devicesstrictly in accordance with the terms and conditions of this license. You shalluse the application strictly in accordance with the terms of this license andshall not: (a) decompile, reverse engineer, disassemble, attempt to derive thesource code of, or decrypt the application; (b) make any modification,adaptation, improvement, enhancement, translation or derivative work from theapplication; (c) violate any applicable laws, rules or regulations inconnection with your access or use of the application; (d) remove, alter orobscure any proprietary notice (including any notice of copyright or trademark)of Company or its affiliates, partners, suppliers or the licensors of theapplication; (e) use the application for any revenue generating endeavor,commercial enterprise, or other purpose for which it is not designed orintended; (f) make the application available over a network or otherenvironment permitting access or use by multiple devices or users at the sametime; (g) use the application for creating a product, service or software thatis, directly or indirectly, competitive with or in any way a substitute for theapplication; (h) use the application to send automated queries to any websiteor to send any unsolicited commercial e-mail; or (i) use any proprietaryinformation or interfaces of Company or other intellectual property of Companyin the design, development, manufacture, licensing or distribution of anyapplications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile applicationobtained from either the Apple Store or Google Play to access the CompanyServices. You acknowledge that this Agreement is concluded between you andCompany only, and not with Apple Inc. or Google, Inc. (each an “AppDistributor”), and Company, not an App Distributor, is solely responsible forthe Company application and the content thereof. (1) SCOPE OF LICENSE: Thelicense granted to you for the Company application is limited to anon-transferable license to use the Company application on a device thatutilizes the Apple iOS or Android operating system, as applicable, and inaccordance with the usage rules set forth in the applicable App Distributorterms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsiblefor providing any maintenance and support services with respect to the Companyapplication, as specified in this Agreement, or as required under applicablelaw. You acknowledge that each App Distributor has no obligation whatsoever tofurnish any maintenance and support services with respect to the Companyapplication. (3) WARRANTY: Company is solely responsible for any productwarranties, whether express or implied by law, to the extent not effectivelydisclaimed. In the event of any failure of the Company application to conformto any applicable warranty, you may notify an App Distributor, and the AppDistributor, in accordance with its terms and policies, may refund the purchaseprice, if any, paid for the Company application, and to the maximum extentpermitted by applicable law, an App Distributor will have no other warrantyobligation whatsoever with respect to the Company application, and any otherclaims, losses, liabilities, damages, costs or expenses attributable to anyfailure to conform to any warranty will be Company’s sole responsibility. (4) PRODUCTCLAIMS: You acknowledge that Company, not an App Distributor, is responsiblefor addressing any claims of yours or any third party relating to the Companyapplication or your possession and/or use of the Company application,including, but not limited to: (i) product liability claims; (ii) any claimthat the Company application fails to conform to any applicable legal orregulatory requirement; and (iii) claims arising under consumer protection orsimilar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, inthe event of any third party claim that the Company application or yourpossession and use of the Company application infringes a third party’sintellectual property rights, the App Distributor will not be responsible forthe investigation, defense, settlement and discharge of any such intellectualproperty infringement claim. (6) LEGAL COMPLIANCE: You represent and warrantthat (i) you are not located in a country that is subject to a U.S. governmentembargo, or that has been designated by the U.S. government as a “terroristsupporting” country; and (ii) you are not listed on any U.S. government list ofprohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You mustcomply with applicable third party terms of agreement when using the Companyapplication, e.g., if you have a VoIP application, then you must not be inviolation of their wireless data service agreement when using the Companyapplication. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agreethat the App Distributors, and their subsidiaries, are third partybeneficiaries of this Agreement, and that, upon your acceptance of the termsand conditions of this Agreement, each App Distributor will have the right (andwill be deemed to have accepted the right) to enforce this Agreement againstyou as a third party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Website, you may linkyour account with online accounts you may have with third party serviceproviders (each such account, a “Third Party Account”) by either: (i) providingyour Third Party Account login information through the Website; or (ii)allowing Company to access your Third Party Account, as is permitted under theapplicable terms and conditions that govern your use of each Third PartyAccount. You represent that you are entitled to disclose your Third PartyAccount login information to Company and/or grant Company access to your ThirdParty Account (including, but not limited to, for use for the purposes describedherein), without breach by you of any of the terms and conditions that governyour use of the applicable Third Party Account and without obligating Companyto pay any fees or making Company subject to any usage limitations imposed bysuch third party service providers. By granting Company access to any ThirdParty Accounts, you understand that (i) Company may access, make available andstore (if applicable) any content that you have provided to and stored in yourThird Party Account (the “Social Network Content”) so that it is available onand through the Website via your account, including without limitation anyfriend lists, and (ii) Company may submit and receive additional information toyour Third Party Account to the extent you are notified when you link youraccount with the Third Party Account. Depending on the Third Party Accounts youchoose and subject to the privacy settings that you have set in such ThirdParty Accounts, personally identifiable information that you post to your ThirdParty Accounts may be available on and through your account on the Website.Please note that if a Third Party Account or associated service becomesunavailable or Company’s access to such Third Party Account is terminated bythe third party service provider, then Social Network Content may no longer beavailable on and through the Website. You will have the ability to disable theconnection between your account on the Website and your Third Party Accounts atany time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICEPROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effortto review any Social Network Content for any purpose, including but not limitedto, for accuracy, legality or non-infringement, and Company is not responsiblefor any Social Network Content. You acknowledge and agree that Company mayaccess your e-mail address book associated with a Third Party Account and yourcontacts list stored on your mobile device or tablet computer solely for thepurposes of identifying and informing you of those contacts who have alsoregistered to use the Website. At your request made via email to our emailaddress listed below, or through your account settings (if applicable), Companywill deactivate the connection between the Website and your Third Party Accountand delete any information stored on Company’s servers that was obtainedthrough such Third Party Account, except the username and profile picture thatbecome associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments,suggestions, ideas, feedback or other information about the Website or theCompany Services ("Submissions") provided by you to Company arenon-confidential and Company (as well as any designee of Company) shall beentitled to the unrestricted use and dissemination of these Submissions for anypurpose, commercial or otherwise, without acknowledgment or compensation toyou.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purposeother than that for which Company makes it available. The Website may not beused in connection with any commercial endeavors except those that arespecifically endorsed or approved by Company. Prohibited activity includes, butis not limited to:
A. attempting to bypass any measures of the Website designedto prevent or restrict access to the Website, or any portion of the Website
B. attempting to impersonate another user or person or usingthe username of another user
C. criminal or tortious activity
D. deciphering, decompiling, disassembling or reverseengineering any of the software comprising or in any way making up a part ofthe Website
E. deleting the copyright or other proprietary rights noticefrom any Website content
F. engaging in any automated use of the system, such asusing any data mining, robots or similar data gathering and extraction tools
G. except as may be the result of standard search engine orInternet browser usage, using or launching, developing or distributing anyautomated system, including, without limitation, any spider, robot (or"bot"), cheat utility, scraper or offline reader that accesses theWebsite, or using or launching any unauthorized script or other software
H. harassing, annoying, intimidating or threatening anyCompany employees or agents engaged in providing any portion of the CompanyServices to you
I. interfering with, disrupting, or creating an undue burdenon the Website or the networks or services connected to the Website
J. making any unauthorized use of the Company Services,including collecting usernames and/or email addresses of users by electronic orother means for the purpose of sending unsolicited email, or creating useraccounts by automated means or under false pretenses
K. systematic retrieval of data or other content from theWebsite to create or compile, directly or indirectly, a collection,compilation, database or directory without written permission from Company
L. tricking, defrauding or misleading Company and otherusers, especially in any attempt to learn sensitive account information such aspasswords
M. using any information obtained from the Website in orderto harass, abuse, or harm another person
N. using the Website in a manner inconsistent with any andall applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”) and thetrademarks, service marks and logos contained therein (“Marks”) are owned by orlicensed to Company, and are subject to copyright and other intellectualproperty rights under United States and foreign laws and internationalconventions. Company Content, includes, without limitation, all source code,databases, functionality, software, website designs, audio, video, text,photographs and graphics. All Company graphics, logos, designs, page headers,button icons, scripts and service names are registered trademarks, common lawtrademarks or trade dress of Company in the United States and/or othercountries. Company\'s trademarks and trade dress may not be used, including aspart of trademarks and/or as part of domain names, in connection with anyproduct or service in any manner that is likely to cause confusion and may notbe copied, imitated, or used, in whole or in part, without the prior writtenpermission of the Company.
Company Content on the Website is provided to you “AS IS”for your information and personal use only and may not be used, copied,reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold,licensed, or otherwise exploited for any other purposes whatsoever without theprior written consent of the respective owners. Provided that you are eligibleto use the Website, you are granted a limited license to access and use theWebsite and the Company Content and to download or print a copy of any portionof the Company Content to which you have properly gained access solely for yourpersonal, non-commercial use. Company reserves all rights not expressly grantedto you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Websiteor the Company Services) links to other websites ("Third PartyWebsites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software and othercontent or items belonging to or originating from third parties (the"Third Party Content"). Such Third Party Websites and Third PartyContent are not investigated, monitored or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird Party Websites accessed through the Website or any Third Party Contentposted on, available through or installed from the Website, including thecontent, accuracy, offensiveness, opinions, reliability, privacy practices orother policies of or contained in the Third Party Websites or the Third PartyContent. Inclusion of, linking to or permitting the use or installation of anyThird Party Website or any Third Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Website and access theThird Party Websites or to use or install any Third Party Content, you do so atyour own risk and you should be aware that our terms and policies no longergovern. You should review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigate from theWebsite or relating to any applications you use or install from the Website.Any purchases you make through Third Party Websites will be through otherwebsites and from other companies, and Company takes no responsibilitywhatsoever in relation to such purchases which are exclusively between you andthe applicable third party.
SITE MANAGEMENT
Company reserves the right but does not have the obligationto:
A. monitor the Website for violations of this Agreement;
B. take appropriate legal action against anyone who, inCompany’s sole discretion, violates this Agreement, including withoutlimitation, reporting such user to law enforcement authorities;
C. in Company’s sole discretion and without limitation,refuse, restrict access to or availability of, or disable (to the extenttechnologically feasible) any user’s contribution or any portion thereof thatmay violate this Agreement or any Company policy;
D. in Company’s sole discretion and without limitation,notice or liability to remove from the Website or otherwise disable all filesand content that are excessive in size or are in any way burdensome toCompany’s systems;
E. otherwise manage the Website in a manner designed toprotect the rights and property of Company and others and to facilitate theproper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect whileyou use the Website or are otherwise a user or member of the Website, asapplicable. You may terminate your use or participation at any time, for anyreason, by following the instructions for terminating user accounts in youraccount settings, if available, or by contacting us using the contactinformation below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT,COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES,TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUTLIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED INTHIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAYTERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES,DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANYTIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website and CompanyServices, Company reserves the right at any time in its sole discretion toblock certain IP addresses from accessing the Website and Company Services.
Any provisions of this Agreement that, in order to fulfillthe purposes of such provisions, need to survive the termination or expirationof this Agreement, shall be deemed to survive for as long as necessary tofulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THISAGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OFCOMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDINGSUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVEDURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW INTHIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLYTO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for anyreason, you are prohibited from registering and creating a new account underyour name, a fake or borrowed name, or the name of any third party, even if youmay be acting on behalf of the third party. In addition to terminating orsuspending your account, Company reserves the right to take appropriate legalaction, including without limitation pursuing civil, criminal, and injunctiveredress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any andall changes to this Agreement will be posted on the Website and revisions willbe indicated by date. You agree to be bound to any changes to this Agreementwhen you use the Company Services after any such modification becomeseffective. Company may also, in its discretion, choose to alert all users withwhom it maintains email information of such modifications by means of an emailto their most recently provided email address. It is therefore important thatyou regularly review this Agreement and keep your contact information currentin your account settings to ensure you are informed of changes. You agree thatyou will periodically check the Website for updates to this Agreement and youwill read the messages we send you to inform you of any changes. Modificationsto this Agreement shall be effective after posting.
To Services
Company reserves the right at any time to modify ordiscontinue, temporarily or permanently, the Company Services (or any partthereof) with or without notice. You agree that Company shall not be liable toyou or to any third party for any modification, suspension or discontinuance ofthe Company Services.
DISPUTES
Between Users
If there is a dispute between users of the Website, orbetween users and any third party, you understand and agree that Company isunder no obligation to become involved. In the event that you have a disputewith one or more other users, you hereby release Company, its officers,employees, agents and successors in rights from claims, demands and damages(actual and consequential) of every kind or nature, known or unknown, suspectedand unsuspected, disclosed and undisclosed, arising out of or in any wayrelated to such disputes and/or the Company Services.
With Company
All questions of law, rights, and remedies regarding anyact, event or occurrence undertaken pursuant or relating to this Website or theCompany Services shall be governed and construed by the laws of theState/Commonwealth of California, excluding such state’s conflicts of lawrules. Any legal action of whatever nature by or against Company arising out ofor related in any respect to this Website and the Company Services shall bebrought solely in either the applicable federal or state courts located in orwith jurisdiction over Los Angeles County, State of California; subject,however, to the right of Company, at the Company\'s sole discretion, to bringan action to seek injunctive relief to enforce this Agreement or to stop orprevent an infringement of proprietary or other third party rights (or anysimilar cause of action) in any applicable court in any jurisdiction wherejurisdiction exists with regard to a user. You hereby consent to (and waive anychallenge or objection to) personal jurisdiction and venue in theabove-referenced courts. Application of the United Nations Convention onContracts for the International Sale of Goods is excluded from this Agreement.Additionally, application of the Uniform Computer Information Transaction Act(UCITA) is excluded from this Agreement. In no event shall any claim, action orproceeding by you related in any way to the Website and/or the Company Services(including your visit to or use of the Website and/or the Company Services) beinstituted more than two (2) years after the cause of action arose. You will beliable for any attorneys\' fees and costs if we have to take any legal actionto enforce this Agreement.
CORRECTIONS
Occasionally there may be information on the Website thatcontains typographical errors, inaccuracies or omissions that may relate toservice descriptions, pricing, availability, and various other information.Company reserves the right to correct any errors, inaccuracies or omissions andto change or update the information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the contentavailable on the Website. By operating the Website, Company does not representor imply that Company endorses any blogs, contributions or other content availableon or linked to by the Website, including without limitation content hosted onthird party websites or provided by third party applications, or that Companybelieves contributions, blogs or other content to be accurate, useful ornon-harmful. We do not control and are not responsible for unlawful orotherwise objectionable content you may encounter on the Website or inconnection with any contributions. The Company is not responsible for theconduct, whether online or offline, of any user of the Website or CompanyServices.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICESWILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITSOFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANYMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OFTHE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE ANDASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANYSERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE ORFEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TOOR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU ANDTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USEYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, ORAGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDINGLOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USEOF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OFTHE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IFANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3)MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWSAPPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLYTO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVILCODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TOCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THETIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company, itssubsidiaries, and affiliates, and their respective officers, agents, partnersand employees, harmless from and against, any loss, damage, liability, claim,or demand, including reasonable attorneys’ fees and expenses, made by any thirdparty due to or arising out of your contributed content, use of the CompanyServices, and/or arising from a breach of this Agreement and/or any breach ofyour representations and warranties set forth above. Notwithstanding theforegoing, Company reserves the right, at your expense, to assume the exclusivedefense and control of any matter for which you are required to indemnifyCompany, and you agree to cooperate, at your expense, with Company’s defense ofsuch claims. Company will use reasonable efforts to notify you of any suchclaim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.
NOTICES
Except as explicitly stated otherwise, any notices given toCompany shall be given by email to the address listed in the contactinformation below. Any notices given to you shall be given to the email addressyou provided during the registration process, or such other address as eachparty may specify. Notice shall be deemed to be given twenty-four (24) hours afterthe email is sent, unless the sending party is notified that the email addressis invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you transfer tothe Website for the purpose of the performance of the Company Services, as wellas data relating to your use of the Company Services. Although we performregular routine backups of data, you are primarily responsible for all datathat you have transferred or that relates to any activity you have undertakenusing the Company Services. You agree that Company shall have no liability toyou for any loss or corruption of any such data, and you hereby waive any rightof action against Company arising from any such loss or corruption of suchdata.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the ability toenter into agreements and/or to make transactions electronically. YOUACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT ANDINTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOURAGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALLRECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANYSERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, ANDAPPLICATIONS. In order to access and retain your electronic records, you may berequired to have certain hardware and software, which are your soleresponsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement between youand Company regarding the use of the Company Services. The failure of Companyto exercise or enforce any right or provision of this Agreement shall notoperate as a waiver of such right or provision. The section titles in thisAgreement are for convenience only and have no legal or contractual effect.This Agreement operates to the fullest extent permissible by law. ThisAgreement and your account may not be assigned by you without our expresswritten consent. Company may assign any or all of its rights and obligations toothers at any time. Company shall not be responsible or liable for any loss,damage, delay or failure to act caused by any cause beyond Companys reasonablecontrol. If any provision or part of a provision of this Agreement is unlawful,void or unenforceable, that provision or part of the provision is deemedseverable from this Agreement and does not affect the validity andenforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and Companyas a result of this Agreement or use of the Website and Company Services. UponCompany’s request, you will furnish Company any documentation, substantiationor releases necessary to verify your compliance with this Agreement. You agree thatthis Agreement will not be construed against Company by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of this Agreement and the lack of signing by the parties heretoto execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the CompanyServices or to receive further information regarding use of the CompanyServices, please contact Company as set forth below or, if any complaint withus is not satisfactorily resolved, and you are a California resident, you cancontact the Complaint Assistance Unit of the Division of Consumer Services ofthe Department of Consumer Affairs in writing at 400 "R" Street,Sacramento, California 95814 or by telephone at 1-916-445-1254.
Open Kitchen LLC.
324 S Beverly Drive #464
Beverly Hills, CA 90212
Email: info@appetivo.com
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