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Effective date: November 1, 2017.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. RELATIONSHIP BETWEEN YOU AND COMPANY. Company is not an owner or operator of restaurants, retail food facilities, or any other place of business for preparing, vending, or delivering food of any kind. In other words, Company is not a provider of goods or food. Company is also not a provider of delivery or logistics services. Company's role is solely to facilitate the availability of the Site and Service, which constitute a technology platform that enables You to connect with other users and third party providers of food and food preparation or delivery. Company does not process or control the exchange of money between You and any other user. Unless otherwise agreed by Company in a separate written agreement with You, the Site and Service are made available solely for personal use by You.
If You use the Site or Service for any purpose, including to request, consume, prepare, serve, package, transport, handle, manufacture, or sell food in connection with another person or User of the Site or Service in any way, you understand and agree that COMPANY DOES NOT CONTROL AND IS NOT A PARTY TO ANY AGREEMENT BETWEEN YOU AND ANY OTHER PERSON(S) OR ANY OTHER USER(S) OF THE SITE OR SERVICE, EVEN IF YOU USE THE SITE OR SERVICE TO ENTER INTO SUCH AGREEMENT.
You understand and agree that no special relationship exists between You and Company that would create a duty for Company to control or protect You or any other user of the Site or Service.
You understand that you are solely responsible for your interactions with other users of the Site or Service. You understand that Company does not conduct criminal background checks or screenings on its users, inquire into the backgrounds of its users, or attempt to verify the statements of its users. Company makes no representations or warranties as to the conduct of users.
You may be required to open an account to use or access the Site or Service ("Account"). You covenant, represent and warrant that:
You may also be asked to provide a user name and password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that You incur as a result of someone else using your password, either with or without your knowledge. You agree to indemnify Company for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
Information on your Account will include information and content You provide and/or upload as well as information Company collects from your account with social networking sites (each an "SNS"). Company reserves the right in its sole discretion to remove such information at any time for any reason. You agree that Company will not be liable to You or to any third party for such removal.
4. USE OF SOFTWARE. Company may make certain software available to you through the Site owned by Company or Company's licensors. In connection with your use of the Site and Services, Company provides to You a non-exclusive license to Use Company's software, all files and images contained in or generated by the software, and accompanying data (collectively, "Software") in connection with your Use of the Site and Services. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner; except that Company provides to You a non-exclusive, nontransferable limited license to display the SHCOOK trademark and logo solely for the purpose of advertising your use of the Site and Service and/or to display a hypertext link to the home page of Company (http://shcook.org, or as such URL may be modified from time to time) on a website owned or operated by You. You may not modify, edit, or alter the Company trademark or logo in any manner. Company reserves the right to disable links from third party sites to the Site.
5. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name and location in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
6. COMPLIANCE WITH LAWS AND REGULATIONS. You have the sole and ultimate responsibility for compliance with all laws, regulations, and other obligations related to your use of the Site or Service, including but not limited to the preparation, sharing, sale, transportation, delivery, handling, and consumption of food.
If you prepare, share, serve, package, transport, handle, manufacture, consume, or sell food in connection with your use of the Site or Service, you covenant, represent and warrant that:
If you request, accept, or consume food in connection with your use of the Site or Service, you understand and agree that Company does not in any way independently verify the credentials or representations of any of the users of the Site or Service, the ingredients or the quality of any of their products or services, or their compliance with applicable laws. Company expressly disclaims any such representations and warranties, express or implied, in this regard, and assumes no responsibility for the compliance with any applicable laws, rules and regulations of any user of the Site or Service, or the failure to comply with the aforesaid covenants by any user of the Site or Service.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, You agree to comply with the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with You.
8. INAPPROPRIATE CONTENT. In connection with your use of the Site and Services, You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service User who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention.
If You have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and You want Company to delete, edit, or disable the material in question, You must provide Company with all of the following information:
For this notification to be effective, you must provide it to Company's designated agent either by email or first class mail at:
133 E De La Guerra St #376
Santa Barbara, CA 93101
11. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES.
COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY FOOD OR OTHER PRODUCT YOU MAY ACCESS OR CONSUME AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF THE SITE OR SERVICES OR ON ANY OTHER PERSONS WITH WHOM YOU MAY COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE.
COMPANY DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY USER GENERATED CONTENT AVAILABLE ON THE SITE.
12. LIMITED LIABILITY.
COMPANY'S LIABILITY TO YOU IS LIMITED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH:
THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
FURTHER, YOU RELEASE COMPANY FROM ALL LIABILITY TO YOU AND YOUR PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, GUARDIANS, SUCCESSORS, ASSIGNS, HEIRS, CHILDREN, AND NEXT OF KIN FOR ALL LIABILITY, CLAIMS, DAMAGE, OR DEMANDS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVCE. THIS RELEASE INCLUDES, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY THE ACTIVE OR PASSIVE NEGLIGENCE OF COMPANY OR ANY OF COMPANY'S PRINCIPALS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR INDEPENDENT CONTRACTORS. YOU BEAR SOLE RESPONSIBILITY FOR ANY LOSS.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THAT PARTY, OR THAT PARTY'S VIOLATION OF A STATUTE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from using the Site or Service for any illegal, unlawful or unauthorized purposes. You are also prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation:
Any violation of system or network security may subject you to civil and/or criminal liability.
16. COPYRIGHT. All contents of Site or Service are: Copyright © 2017 SHCOOK LLC. All rights reserved.
18. BINDING ARBITRATION.
20. NO LICENSE. Except as provided in the "USE OF SOFTWARE" section, above, nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
21. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which You have been given access are available or appropriate for use in locations outside of the United States. Your use of or access to the Site should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
22. MODIFICATIONS. Company may, in its sole discretion and without prior notice:
24. SUCCESSORS. This Agreement shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties.