Terms of Use

The Kitchens, Inc. operates its website, located at forkable.com, and facilitates delivery of food thru a network of indepedent food delivery couriers, managed by a subsidiary, Forkable Delivery, Co. Please read the following Terms of Use carefully before using Forkable.

SECTION 11 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 11 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.

1. Applicability & Acceptance of These Terms of Use

By viewing, using, accessing, browsing, or submitting any content or material on Forkable, you agree to these Terms of Use as a binding legal Agreement between you and The Kitchens, Inc., without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to Forkable.

If you do not agree to these Terms of Use, then you may not use Forkable. The Kitchens, Inc. reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to Forkable shall be subject to the then-current Terms of Use, and continued use of Forkable now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

2. User License

Scope

The Kitchens, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to view Forkable and to download, email, share via social networking or print individual pages from Forkable in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from Forkable, except as specifically noted above. Except as specifically authorized by The Kitchens, Inc., you may not deep-link to Forkable for any purpose or access Forkable manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of Forkable or any information, content, or material on Forkable. The Kitchens, Inc. reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of Forkable or any content contained therein, whether in whole or in part, without prior written consent from The Kitchens, Inc.. You may share links to Forkable via social networking technology reference on Forkable. Any rights not expressly granted herein are reserved.

User Conduct

You agree that your use of Forkable and or services on Forkable is subject to all applicable local, state and federal laws and regulations. You also agree:

Harm from Commercial Use

You agree that the consequences of commercial use or re-publication of content or information from Forkable may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that The Kitchens, Inc. will be entitled to temporary and permanent injunctive relief to prohibit such use.

3. Termination and Modifications to Forkable

The Kitchens, Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, Forkable and/or services offered on or through Forkable (or any part thereof), including but not limited to Forkable's features, look and feel, and functional elements and related services.

4. Indemnity

You agree to indemnify and hold The Kitchens, Inc., its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of Forkable, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to Forkable, your violation of these Terms of Use, and any other acts or omissions relating to Forkable.

5. Disclaimer of Warranties

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH Forkable (WHETHER PROVIDED BY The Kitchens, Inc., YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Kitchens, Inc. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

6. Limitation of Liability

FORKABLE PARTNERS WITH THIRD PARTY RESTAURANTS AND PROVIDES MEAL RECOMMENDATIONS. YOU UNDESTAND THAT FORKABLE CANNOT GUARANTEE THAT FOOD MATCHES INDIVIDUAL PREFERENCES AND CANNOT GUARANTEE IT DOES NOT CONFLICT WITH ANY SPECIFIC DIETARY RESTRICTIONS, SUCH AS ALLERGIES. FORKABLE DOES NOT CONTROL RESTAURANT KITCHEN CONDITIONS AND IN NO EVENT WILL BE HELD LIABLE FOR SUGGESTING AND/OR FACILIATING THE DELIVERY OF FOOD ITEMS WHICH CONTRAVENE YOUR DIETARY RESTRICTIONS. EAT AT YOUR OWN RISK.

IN NO EVENT SHALL The Kitchens, Inc. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF The Kitchens, Inc. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH Forkable. The Kitchens, Inc. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM Forkable. The Kitchens, Inc. ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH Forkable, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL The Kitchens, Inc.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO The Kitchens, Inc. OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND The Kitchens, Inc. AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND The Kitchens, Inc. AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.

7. Your account, password, and security

Use of The Kitchens, Inc. services requires that you register and/or create an account with The Kitchens, Inc. or use Forkable as a guest. To register and create an account, you must select an account designation and password and provide certain personal information to The Kitchens, Inc. as set forth in the The Kitchens, Inc. Privacy Policy. In consideration of the use of The Kitchens, Inc.'s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Kitchens, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Kitchens, Inc. has the right to refuse any and all current or future use of The Kitchens, Inc. (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify The Kitchens, Inc. of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. The Kitchens, Inc. will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

8. Links

As a courtesy to you, Forkable may offer links to other websites. Some of these websites may be affiliated with The Kitchens, Inc. while others are not. The Kitchens, Inc. is not responsible for the contents of any website pages created and maintained by organizations independent of The Kitchens, Inc.. Visiting any such third-party website pages is at your own risk. The Kitchens, Inc. has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by The Kitchens, Inc.. By using Forkable you acknowledge that The Kitchens, Inc. is responsible neither for the availability of, nor the content located on or through any third-party website pages.

9. Trademarks

Marks, logos, and names of The Kitchens, Inc., used on or in connection with Forkable may not be used in connection with any product or service that is not under The Kitchens, Inc.'s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Kitchens, Inc.. All other trademarks not owned by The Kitchens, Inc. (or its affiliates) that appear on Forkable are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Kitchens, Inc. or its affiliates.

10. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of Forkable and receipt or use of data, content, products and/or services through Forkable.

11. Jurisdiction, Applicable Law, and Limitations

This Site is created and controlled by The Kitchens, Inc. in the State of California, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of law provisions. Use of Forkable is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. The Kitchens, Inc. makes no claims or assurances that Forkable are appropriate or may be downloaded outside of the United States. Not withstanding the Dispute Resolution Via Arbitation clause belwo, You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through Forkable must be filed in a federal or state court located in San Francisco County, California, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

Dispute Resolution Via Arbitration

The parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Any controversy shall be arbitrated in San Francisco, California. Information may be obtained and claims may be filed at any office of the American Arbitration Association or at Corporate Headquarters, 335 Madison Avenue, Floor 10, New York, New York 10017-4605. Telephone: 212-716-5800, Fax: 212-716-5905, Website: www.adr.org. This Agreement shall be interpreted under the Federal Arbitration Act.

12. General

Enforceability

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement

Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of Forkable, these Terms of Use, which hereby incorporate by reference the terms of The Kitchens, Inc.'s Privacy Policy, constitute the entire agreement between you and The Kitchens, Inc., superseding all prior agreements regarding Forkable.

No Waiver

The failure of The Kitchens, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Headings & Construction

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

13. Contact The Kitchens, Inc.

For purposes of providing notice of cancellation or termination, contact us at: admin@forkable.com.

Effective Date: August 1, 2014