THE KITCHENS WANTS YOU TO NOTE THAT SECTION 20 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND THE KITCHENS HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. SECTION 21 SETS FORTH THE KITCHENS’ ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN YOU AND THE KITCHENS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
The Kitchens does serve corporate accounts. If you are an individual accessing The Kitchens on behalf of a corporation, you agree and warrant that you have the authority to bind the company or organization you represent to these terms and you agree to these terms both on behalf of your company or organization and yourself.
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:
• to comply with US law and local laws or rules regarding online conduct and acceptable material;
• not to use Forkable or its services or submit content to The Kitchens if you are under the age of 18;
• not to use Forkable to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
• not to access Forkable or services using a third-party's account registration without the express consent of the account holder;
• not to use Forkable for illegal purposes;
• not to commit any acts of infringement on Forkable or with respect to content on Forkable;
• not to use Forkable to engage in commercial activities apart from sanctioned use of The Kitchens, Inc. services;
• not to copy any content, including, but not limited to restaurant menu content, for republication in print or on-line;
• not to attempt to gain unauthorized access to other computer systems from or through Forkable;
• not to interfere with another person's use and enjoyment of Forkable or another entity's use an enjoyment of Forkable;
• not to upload or transmit viruses or other harmful, disruptive or destructive files; and or
• not to disrupt, interfere with, or otherwise harm or violate the security of Forkable, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Forkable or affiliated or linked sites (including those of our partners)
Food preparation services or restaurants may become a “Food Preparation Partners” (“FPP”) through the approval of The Kitchens, Inc. Upon acceptance as a FPP, Forkable will send orders from Forkable customer accounts to the FPP via email, fax, or software application, and will at its discretion provide customer service to assist the FPP in fulfilling the orders. FPP acknowledges and agrees that it shall remain the food provider through the point of delivery to the Forkable customer, and that Forkable is not a reseller of food, and shall not accept liability regarding the safety of the food for consumption.
The Kitchens will attempt to confirm orders with FPP by the Friday before the week of service and will provide final orders the day before each order, at a time set by Forkable’s ordering policy, which may change from time to time.
The Kitchens offers FPPs the option to receive payments from orders placed on Forkable to FPP twice a month, or once a month. The Kitchens will collect all payments from customers on behalf of FPP at the time of order and then distribute that payment to the FPP, on the monthly or bimonthly schedule. The Kitchens will deduct its fee for the Forkable services prior to providing the payment to the FPP. Forkable will collect approximate sales tax to the best of its ability, forwarding this amount along to the FPP, which will then be responsible for calculating and paying any applicable taxes on orders.
The Kitchens 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.
An FPP account may be closed by an FPP with at least 24 hours notice to The Kitchens by written electronic communication to [email protected] Any orders already confirmed (i.e. the day or week before) must be honored and completed by the FPP. In the event that such confirmed orders are more than 24 hours out, the termination will not be effective at least until the last such confirmed order is made available for pickup for one of our Delivery Providers.
Although the The Kitchens accepts no liability for handing and food safety, The Kitchens strives to ensure timely delivery of food within recommended standards for food handling. The Kitchens strongly encourages that all food being delivered is consumed immediately after delivery. Some food orders are susceptible to spoilage and should be consumed within a short period of time after the pick-up from the FPP. When The Kitchens becomes aware that a particular order is delayed in delivery such that it may be outside of the time range of safe consumption at time of delivery, the order will generally be refunded and The Kitchens recommends that the food is discarded and not consumed.
When customers send feedback to The Kitchens regarding late or incorrect food orders, The Kitchens may communicate this feedback to the FPP if it seems the information to be helpful for improving FPP operations or the relationship between FPP and The Kitchens. Based on the feedback, if items are reported missing from the delivery order, meals were prepared incorrectly, meals were late, or any other fault of FPP is determined by The Kitchens, The Kitchens may refund customers and deduct such refunds to customers from FPP’s payment.
The Kitchens may provide accounts for Delivery Providers to input information about schedule availability, connect with bank accounts for payment, and so forth. While this agreement governs each Delivery Provider’s legal relationship with The Kitchens insofar as it functions as provider of technology services to facilitate delivery, all of their delivery and associated service activities are governed by Delivery Provider’s individual contracts with Forkable Delivery, Co.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH FORKABLE (WHETHER PROVIDED BY THE KITCHENS, 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 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.
THE KITCHENS PARTNERS WITH THIRD PARTY RESTAURANTS AND PROVIDES MEAL RECOMMENDATIONS. DELIVERY SERVICES ARE PROVIDED BY THIRD PARTY INDEPENDENT CONTRACTORS (“DELIVERY SERVICES”). THE KITCHENS IS NOT A RESELLER OF FOOD OR A DELIVERY SERVICE. THE KITCHENS 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 FACILITATING THE DELIVERY OF FOOD ITEMS WHICH CONTRAVENE YOUR DIETARY RESTRICTIONS. THE KITCHENS IS NOT RESPONSIBLE FOR FOOD PREPARATION OR HANDLING SAFETY AND DOES NOT VERIFY PARTNERS’ COMPLIANCE WITH APPLICABLE LAWS OR REGULATION. EAT AT YOUR OWN RISK.
THE QUALITY OF THE DELIVERY SERVICES SCHEDULED THROUGH THE USE OF FORKABLE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY INDEPENDENT CONTRACTORS WHO ULTIMATELY PROVIDE DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE DELIVERY SERVICES YOUR FOOD MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE FORKABLE AT YOUR OWN RISK.
IN NO EVENT SHALL THE KITCHENS, INC. BE LIABLE TO YOU OR ANYONE CONSUMING THE FOOD 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 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 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 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) $100.00 USD (WHICHEVER IS LESS). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
YOU WARRANT THAT AS A REPRENSENTATIVE OF ANY COMPANY OR ORGANIZATION FOR WHICH YOU ARE PLACING ORDERS FOR, YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR ORGANIZATION TO THE FOLLOWING INDEMINIFCATION AGREEMENT AND THE ABOVE LIMITATIONS ON LIABILITY AND THAT YOU DO BIND THEM THROUGH YOUR USE OF FORKABLE: THE COMPANY OR ORGANIZATION FOR WHICH YOU REPRESENT INDEMINIFIES ANY AND ALL CLAIMS, ACTIONS AGAINST, OR LAWSUITS AGINST FORKABLE BROUGHT FORTH BY ANYONE WHO RECEIVES FOOD FROM THE ORDERS YOU PLACE THROUGH FORKABLE.
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 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. The Kitchens 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.
As a courtesy to you, The Kitchens may offer links to other websites. Some of these websites may be affiliated with The Kitchens, while others are not. The Kitchens is not responsible for the contents of any website pages created and maintained by organizations independent of The Kitchens. Visiting any such third-party website pages is at your own risk. The Kitchens 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. By using Forkable you acknowledge that The Kitchens is responsible neither for the availability of, nor the content located on or through any third-party website pages.
Marks, logos, and names of The Kitchens used on or in connection with Forkable or any other service or product by The Kitchens may not be used in connection with any product or service that is not under The Kitchens' 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 Forkable or The Kitchens. All other trademarks not owned by The Kitchens (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 or its affiliates.
The Kitchens’ is committed to respecting the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through Forkable infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on Forkable; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding - Forkable should be sent to:
The Kitchens, Inc.
5214F Diamond Hts Blvd #353
San Francisco, CA 94131
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.
YOU AND THE KITCHENS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and The Kitchens agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In compliance with your rights under California Civil Code 1789.3, you have the right to contact The Kitchens with any complaints or to seek additional information. You may email The Kitchens at [email protected] You may also call (415) 857-0841. For any physical documents, you may send mail to
The Kitchens, Inc.
5214F Diamond Hts Blvd #353
San Francisco, CA 94131
If California users have any questions or complaints about Forkable, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.