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.
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:
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.
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.
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.
FORKABLE PARTNERS WITH THIRD PARTY RESTAURANTS AND PROVIDES MEAL RECOMMENDATIONS. DELIVERY SERVICES ARE PROVIDED BY THIRD PARTY INDEPENDENT CONTRACTORS. 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 FACILITATING THE DELIVERY OF FOOD ITEMS WHICH CONTRAVENE YOUR DIETARY RESTRICTIONS. FORKABLE IS NOT RESPONSIBLE FOR THE FOOD SERVICE AND DELIVERY SERVICE PROVIDERS’ FOOD PREPARATION OR HANDLING SAFETY AND DOES NOT VERIFY THEIR COMPLIANCE WITH APPLICABLE LAWS OR REGULATION. 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 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.
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.
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.
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.
For purposes of providing notice of cancellation or termination, contact us at: email@example.com.
Effective Date: August 1, 2014