Foodstirs, Inc. (“Foodstirs,” “we,” “us,” or “our”) provides access to its Services subject to the following terms and conditions, which may be updated from time to time without notice to you. By browsing the public areas of the website or by accessing and using the community page or blog, you acknowledge that you have read, understood, and agree to be legally bound by these terms and conditions of use and the terms and conditions of our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not use the website or our Services.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.
1. DESCRIPTION AND USE OF THE WEBSITE AND OUR ONLINE PLATFORMS
Foodstirs is a business that provides cooking kits as well as other cooking products for families. Our kits come with key ingredients, recipe cards and specialty tools to create baked goods.
We provide visitors and Subscribers with access to our website and Services as described in this Agreement.
Subscribers. Registration and login is required for all Subscribers. In addition to viewing all publicly-accessible content, Subscribers can use our website and other social media platforms to: (i) order products; (ii) provide comments in our online community forum and/or blog, and upload content, including text, videos, and photos (collectively, “User Content”); (iii) sign up for email and phone communications, and our newsletter; and/or (iv) sign up for contests, promotions, and sweepstakes.
We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion.
2. COMMUNITY GUIDELINES
By accessing and/or using our website or our Services and online platforms, you hereby agree to comply with these community rules and that:
○ is false, deceptive, misleading, deceitful, or misinformative;
○ infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
○ is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
○ discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
We reserve the right, in our sole and absolute discretion, to deny you access to the website, or any portion of the Services, without notice, and remove any User Content that does not adhere to these guidelines.
When you sign up for our Newsletter or use our Community page, you agree that we may contact you via email, or by phone regarding our services; and further agree that any and all publicly accessible content shared or uploaded by you on our site (including blogs) and User Content (as defined in the Privacy Policy) can be accessed and used by us without further notice to you, including use of the content on any and all our social media sites and for other marketing or data collection purposes.
3. PAYMENT
You agree that Foodstirs may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your account. You are responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. If you have a question about any Foodstirs charge on your credit card statement, please follow the instructions found on the Website to contact customer service.
For each product you order through our webisteite, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). If you order a series that auto-renew periodically (“Series”), then you agree to pay the applicable Product Price, Delivery Fees, and taxes upon each auto-renewal date, until the completion of the Series. Please note that if your Series includes a discounted Product Price for a promotional period, once the promotional period expires, your Series will renew at the full Product Price. Foodstirs will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so. All payments are non-refundable.
4. ORDERING AND DELIVERY
Foodstirs uses reliable third-party delivery companies such as FedEx and USPS regular mail to deliver your kits and other products. Any delivery dates provided by Foodstirs are estimates. We reserve the right to make deliveries in installments. Foodstirs will send you an email when your order has shipped and you may review your order and shipping information on your Account. Currently, we ship to the US only.
If you order a Series, your product will be shipped out around the 15th of every month to the address you submit when placing your order. Foodstirs reserves the right to charge an additional $15 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with Foodstirs or otherwise. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate.
Each kit is carefully packaged to stay fresh; however, like any other non-perishable food item; the packages have a shelf life and it is your responsibility to use the products in a timely manner. Furthermore, you should inspect your package to ensure the contents arrive closed and clean. If you are not home when a delivery arrives, the delivery person will leave the package for you at your door.
5. LIMITED WARRANTY AND RETURN POLICY
All of our products are backed by a 100% customer satisfaction guarantee. If you are dissatisfied with a product for any reason, please contact us via the Services within 10 days after delivery, and we’ll either replace the Order at our expense or credit you the purchase price for that Order.
The website contains material such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Foodstirs (collectively referred to as the “Content”). The Content may be owned by us or other third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, other than your own User Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you violate any part of this Agreement, your permission to access and/or use the Content, the website, and the Services automatically terminates, and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Foodstirs (the “Foodstirs Trademarks”) used and displayed on our various platforms are registered and unregistered trademarks or service marks of Foodstirs. Other company, product, and service names located on our platforms may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with Foodstirs Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Foodstirs Trademarks inures to our benefit.
Elements of our website, platforms and services are protected by trade dress, trademark, unfair competition, and other state, federal, and national laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
7. COMMUNICATIONS TO US; USER CONTENT
With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.
As noted above, the website and Services provide members the ability to post and upload User Content on our various platforms. You expressly acknowledge and agree that once you submit your User Content, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make publicly available. You, and not Foodstirs, are entirely responsible for all the user content that you upload, post, e-mail, or otherwise transmit via our various platforms.
You acknowledge and agree that uses of your User Content, username, and associated picture permitted by the foregoing rights and licenses may include the display of such User Content, username, and associated picture adjacent to advertising and other material or content, including for profit.
If you submit User Content to us, each such submission constitutes a representation and warranty to Foodstirs that such User Content is your original creation (or that you otherwise have the right to provide the User Content), that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Foodstirs and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our community guidelines set forth above.
8. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
You, and not Foodstirs, are solely responsible for the proper and safe, preparation, storage, and baking and cooking of the food products.
Other than as expressly set forth herein: (i) we make no warranties or representations about the website, the services, the meals, the content, the trademarks, the products on our sites, and all of the foregoing are provided on an “as is” and “as available” basis without any warranties of any kind; (ii) we disclaim all warranties, including, but not limited to, warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from course of dealing, course of performance, or usage of trade; and (iii) you agree that you use our website and the Services at your own risk.
In no event shall we be liable for any incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from your purchase of the products or your use or inability to use our website or the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, our liability shall be limited to the greatest extent permitted by law. In all cases, our maximum liability to you (and anyone claiming rights through you) shall be capped at the monies paid by you to Foodstirs in the one (1) month period preceding the date on which your claim arose.
Foodstirs has made every effort to display the recipes, the products, colors, and other things you see on the website and other platforms as accurately as possible. However, the final products delivered may vary from the images viewed on our sites due to a number of factors that are not within our control, including, without limitation, system capabilities and constraints of the computer hardware being used, manufacturing process issues, and the availability and variability of product and materials. Although we will exercise commercially reasonable efforts to help ensure that the products conform to your expectations, variations sometimes occur. All kits and product pricing, specifications, and offerings are subject to change without notice.
WARNING: CHOCKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. You acknowledge that the products are not designed, manufactured or intended for use by children under the age of three (3) and may contain small parts. In addition to all other limitations and disclaimers in this agreement, Foodstirs shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.
It is your responsibility to identify any and all food-related allergies. Foodstirs ingredients may contain wheat and other allergens. Ingredients are prepared in a facility that may contain tree nuts, soy, wheat, dairy and other known allergens. Foodstirs does purchase food from outside vendors that produce ingredients or products manufactured on shared equipment. There can be no assurance that any food is absolutely allergen free. Individuals with known or unknown food allergies and/or specific health conditions, order at their own risk and at their sole discretion.
11. EXTERNAL SITES
Our website or other pages may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
12. SOCIAL MEDIA
Our Services extend to other platforms such as social media. By visiting and using our social media platforms you disclaim any expectation of privacy with respect to content and data shared and uploaded on these sites; and you further agree that such data is public and thus Foodstirs can use this information (including any personally identifying information) for marketing and other purposes and can contact you through other mediums such as e-mail.
13. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the website or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist our defense of such matter.
14. COMPLIANCE WITH APPLICABLE LAWS
Our website and our services are all based and operated in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the website or our Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
15. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our website or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of our website or the Services at any time without prior notice or liability.
16. DIGITAL MILLENNIUM COPYRIGHT ACT
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Foodstirs, Inc.
Attention: DMCA
1909 Centinela Ave.
Santa Monica, CA 90272
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
17. MISCELLANEOUS
This Agreement is governed by the laws of the State of California. You expressly and irrevocably agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of California; and (ii) that our activity and Services shall be deemed passive and do not give rise to personal jurisdiction over Foodstirs, either specific or general, in jurisdictions other than the State of California. You agree that any cause of action arising out of or related to the products, the websites, or the services must be commenced by you within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity or termination of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
© 2014 Foodstirs, LLC. All rights reserved.
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