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Last updated 06/29/2020
Welcome and thank you for visiting CuriousTable.com (“Site”) and our Terms and Conditions (“Terms”).
Curious Table (“Curious Table,” “WE,” “OUR,” “US” OR “COMPANY”) OPERATES THIS SITE.
BY CLICKING ON THE ”PLACE ORDER” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING SITE, YOU REPRESENT THAT:
You should print a copy of these terms and conditions for future reference.
Curious Table is a general corporation incorporated in the State of Utah with general corporate offices in Salt Lake City, Utah.
The Site and Offerings are intended for use by individuals in the United States of America (“Serviced Countries”). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an order through our Site, you represent and warrant that you: (1) Are legally capable of entering into this Agreement; (2) Are at least 18 years old; (3) Are a resident of a Serviced Country; and (4) Are accessing the Site from a Serviced Country.
4.1 Registering Your Account. In order to utilize specific features on the Site, individuals will need to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Site (each such account, a “Third-Party Account”). 4.2 Access Through a SNS. If you access the Site through an SNS as part of the functionality of the Site you may link your Account with Third-Party Accounts, by allowing Curious Table to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Curious Table and/or grant Curious Table access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Curious Table to pay any fees or making Curious Table subject to any usage limitations imposed by such third-party service providers. By granting Curious Table access to any Third-Party Accounts, you understand that Curious Table may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be User Content (as defined in Section 19) for all purposes of the Agreement. Depending on the Third-Party Accounts, you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or Curious Table’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Curious Table DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Curious Table makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Curious Table is not responsible for any SNS Content. 4.3 Registration Data. Should you create an account with Curious Table, you agree to (1) provide true, accurate, complete and up-to-date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (3) notify us as soon as possible either at firstname.lastname@example.org if you believe there have been any breaches to the security of the Site or your account information; and (4) exit from your Account at the end of each session. You represent that you are (A) at least thirteen (13) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors. You may not share your Account or password with anyone If you provide any information that is untrue, inaccurate, not current or incomplete, or Curious Table has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Curious Table has the right to suspend or terminate your Account and refuse any and all current or future use of Site or Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Curious Table reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site if you have been previously removed by Curious Table, or if you have been previously banned from any the Site. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Curious Table. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
5.1 Curious Table’s Subscription Service. Our subscription service is an automatic, recurring weekly subscription to Curious Table Products (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from (“Plan”). Each week you will receive a delivery from Curious Table (your “Curious Meal”), including the contents of your chosen Plan. You can find specific details regarding your Plan and the Curious Table Service by accessing your Account details via the Site.
Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the Service in accordance with these Terms. All prices are shown on the Site are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site. Prices, taxes, or other fees may vary geographically. The shipment of meal ingredients to you after our delivery of such notice will confirm your acceptance of such changes unless you cancel your subscription in accordance with the Term’s Deactivation policies, found in Section 10.3.
Plan Add-Ons. Different features and other customized options may become available in addition to your plan, including, but not limited to, premium options, new product add-ons, and modified shipping options. These may change the price of your plan on a recurring basis. Should you have any questions about any of the options available under your plan, please visit www.CuriousTable.com.
Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order from an Account, you must provide valid payment information (e.g. credit card, debit card, and/or a Gift Card) through the Site. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Curious Table to automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, (3) Curious Table to share payment information and instructions required to complete the payment transactions between Curious Table, our payment processors, and their third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (4) no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Curious Table reserves the right at any time to change its billing methods.
Given the perishable nature of many of our ingredients, and market conditions and product supply beyond our control, we reserve the right to adjust the quantity of any ingredients in a Curious Meal, to discontinue the use of any ingredient or Product, or to substitute any ingredients or entire Curious Meals, all without notice. While we make every effort to ensure that you are provided with the very best ingredients for our Curious Meals, these switches may occasionally be required. If such a substitution is required, we will make reasonable efforts to notify you prior to shipment. If you have any issues with any substitution, or either an ingredient or a Curious Meal, please contact us at email@example.com. Additionally, please note that, on occasion, Curious Table will include products from our partners in our Curious Meal which may contain some or all of the 8 major allergens (in addition to other ingredients). Please refer to Section 21.1 to review our allergen policy. Additionally, if you have any questions or concerns about any additional products or materials in your Curious Meal, please contact Customer Care at firstname.lastname@example.org..
You may purchase and/or otherwise receive Gift Cards through the Site. You must create or have an existing and valid Account with Curious Table in order to redeem a Gift Card. All Accounts are subject to the Terms in all respects. Curious Table Gift Cards may be redeemed on the Site. Redemption of Gift Cards will result in the application of a credit to your account in the amount of the Gift Card balance. Any Gift Card balance will be applied toward your purchase of Offerings until the Gift Card is depleted. Gift Cards are not redeemable for cash or credit. Curious Table is not responsible for lost or stolen Gift Cards. Lost or stolen Gift Cards cannot be replaced (except as required by law). All sales of Gift Cards are final and nonrefundable. Curious Table reserves the right to refuse to honor a Gift Card where Curious Table suspects that the Gift Card was obtained fraudulently. If you suspect someone has copied or stolen your Gift Card, email email@example.com immediately.
Curious Table may offer discount promotions, free/discounted trials, or other types of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users need to create an Account through the Site and input their information and the code found on the Voucher to redeem. If you purchase any Voucher, Voucher is deemed to have been sold at the time of payment for it. The discount found on the Voucher only lasts for the first week of your subscription plan, unless it specifically states otherwise on the Voucher or when you sign-up. Similarly, a Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Vouchers are only for first-time users of Curious Table, unless the Voucher states otherwise. Curious Table reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance of the foregoing sentence, Curious Table reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third-party website (excluding your own social media profile(s) or blogs), or if you otherwise violate this Agreement. Vouchers may only be redeemed through our Site, and not through any other website or method of communication. To use your Voucher, you will be required to enter its unique code at the online checkout and the use of such code will be deemed to confirm your agreement to this Agreement and any special conditions attached to the Voucher. Pursuant to this Agreement, at the expiration of the Voucher, you agree and acknowledge that you will be billed the standard rate for your Curious Meal on a recurring, weekly basis unless you cancel your Plan prior to the end of the Voucher period with proper, advance notice to Curious Table in accordance with this Agreement. As a part of the verification process, Curious Table may require you to provide additional identification information. In addition, as a part of the verification process, you authorize Curious Table to charge to your credit card a $1.00 authorization charge (or such other amount identified to the customer at the time of verification by Curious Table), which amount will be refunded following successful authorization.
Curious Table Delivery Week. Curious Table’s “Delivery Week” begins on Friday and runs through the following Thursday.
Rolling Basis of Meal Selection. You have the option of selecting the day you would like to receive your Curious Meal, and, if your specific subscription allows for Curious Meal selection, you also have the option of selecting the specific Curious Meals you would like to receive, on a weekly basis. The day you select to receive your first Curious Meal will be the default. In subsequent weeks, if you do not make a change, your Curious Meal will arrive on the day you initially selected every week (unless you pause your order, pursuant to these Terms, or there are extenuating circumstances, detailed in these Terms). If you choose to have your delivery on another day for a specific week, that day will become the default, and subsequent weeks will have your Curious Meal arriving on the newly selected day.
Curious Meal selection and delivery day selection are on a rolling basis, and all selections “lock” two days prior to the delivery day. For example, if your subscription allows for Curious Meal selection and you receive your Curious Meal on Thursdays, you will have to make your selection of Curious Meals you want included in your Curious Meal on Tuesday by 11:59 PM Mountain Time. Your credit card or other payment source will then be charged the following day. Similarly, if you want to change the delivery day, you will have to make your selection two days prior to your new delivery day. For example, if you normally receive your Curious Meal on Thursdays, but want to receive your Curious Meal on a Tuesday, you will have to make the change two days prior to the new Tuesday delivery date, which would be the Sunday before.
Please note that the specific days in which a Curious Meal can be delivered varies by geographic region, and delivery on each day will not be available in all areas. If you have any questions about your area and delivery, please contact Customer Care at firstname.lastname@example.org.
Deactivation Procedures. Please note that the ability to change an order locks two days prior to your scheduled delivery date. Therefore, if you wish to deactivate your Account and/or cancel or change an order, you must do so before the day and time listed above for your respective delivery date. For example, if you have a scheduled delivery date on Tuesday, you have until Sunday at 11:59 PM Mountain Time to cancel your subscription. If you do so after the time listed for your delivery day, you will be charged and receive your Curious Meal for that week, and the cancellation will take effect for the following Delivery Week. To deactivate your Account, please call Curious Table Customer Care at email email@example.com stating that you wish to terminate your account, along with your full name and registered email address. Where required, you may also deactivate your Account by accessing your Account on the Curious Table website. 10.4
Pausing your Order. During any production week, you have the option of pausing your deliveries. In order to do so, log on to your account page on the Site, select a particular week (by clicking on the delivery day highlighted) and then click on the “Pause Subscription” button. Pausing an order will act indefinitely until reactivated. Please follow the Site prompts when pausing a meal.
Delivery Specifics. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Curious Meal is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part of the whole of the purchase price for that Curious Meal.
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that are caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.
Curious Table uses specific materials to refrigerate perishable items and may also use third party delivery companies to deliver Curious Meal to customers. Please note that you are responsible for reviewing the Curious Meal upon delivery and inspecting all of the Products contained within for any defects or other problems upon delivery. If you are not home when your Curious Meal is delivered, the Curious Meal will be left at your door or in a common area. Upon the completion of your review of the Curious Meal, if you do not plan to immediately eat your Curious Meal we recommend that you place all perishables in your refrigerator to ensure the ingredients’ integrity. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling, which can be found here. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, storage of the contents of any Curious Meals, safe washing (we recommend that all fresh produce is washed prior to inclusion in any meal), and the cooking of all the ingredients of the respective Curious Meals. We recommend that you use a thermometer to measure the temperature of any poultry, fish, or meat products that arrive in the insulated portion of the Curious Meal, and, pursuant to USDA Guidelines (found here), you should utilize said thermometer to ensure that they are at (or below) 41 degrees Fahrenheit.
Curious Table recommends that all cooking instructions found in the recipe booklet be followed, and all seafood, meats, and poultry should be cooked to the USDA’s recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees for whole meats; and 145 degrees Fahrenheit for seafood). Curious Table recommends utilizing a food thermometer to verify internal temperatures. For more information, please see the USDA’s website, found here).
Additionally, please note that each Curious Meal will have a corresponding menu card contained in the Curious Meal. If your Curious Meal does not contain one or more of the corresponding Curious Menus, you can refer to the Site for the week’s recipes.
In the event that you are unhappy with any part of your Curious Meal, or a specific Curious Meal, you can reach out to us at firstname.lastname@example.org. Please do so within two (2) days of the date you received the unsatisfactory item. If related to ingredients or condition of a Curious Meal, we, at our sole discretion, may give you credit for the individual ingredient or Curious Meal, and in some situations, issue a partial or full refund for the ingredient or the Curious Meal. We reserve the right, however, to require either the return of the unsatisfactory ingredient or Curious Meal or a photograph of such, before any partial/full refund or credit will be issued. Subject to this Agreement, Curious Table grants you a limited license to utilize the Offerings for personal, non-commercial use. Any future release, update, or other addition to the Offerings shall be subject to this Agreement. Curious Table, its suppliers, and its service providers reserve all rights not granted in this Agreement.
Curious Table is the owner and operator of the Site. Additionally, Curious Table is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site or any Offerings. The Offerings are protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws throughout the world.
Users are only permitted to use these materials in order to utilize Curious Table’s Offerings for personal, non-commercial use. Any other use of Curious Table’s materials, including modification, distribution, or reproduction for purposes other than the personal usage of Curious Table’s Offerings, without written approval from Curious Table (which can be provided through email), is prohibited.
Trademarks. “Curious Table,“ all other Curious Table marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Curious Table or otherwise proprietary to Curious Table and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the Offerings. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Offerings.
Other Content. Except with respect to your User Content, you agree that you have no right, title, or interest in or to any Content that appears on or in the Offerings. 15.3
Procedure for Making Claims of Copyright Infringement. Curious Table reserves the right to terminate any end-users access to the Offerings where that end-user infringes upon third-party copyrights. If you believe content posted on the Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number, and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence regarding notice of claims of copyright infringement should be sent to our copyright agent email@example.com.
You may use Curious Table Offerings only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Offerings:
– In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
– For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
– To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
– To impersonate or attempt to impersonate Curious Table, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
– To impersonate or attempt to impersonate Curious Table, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Curious Table or users of the Site or expose them to liability.
Additionally, you agree not to:
– Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
– Use any robot, spider, or other automatic devices, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
– Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
– Use any device, software, or routine that interferes with the proper working of the Site.
– Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
– Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
– Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
– Otherwise, attempt to interfere with the proper working of the Site.
We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Offerings (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by Curious Table, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Offerings (including, but not limited to, our Site, social media, other Content, or Products) are solely between you and such third parties; and (ii) that it is impossible for Curious Table to monitor such materials and that you access these materials at your own risk.
You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct while accessing or using the Site. You agree that you will abide by this Agreement and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Curious Table; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Curious Table without Curious Table’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Curious Table’s Content, the Site without our prior written consent; (8) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site, or in a way that could overburden or interfere with the functioning of the Site in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Curious Table has not authorized to access the Site, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site which you are not authorized to access, pursuant to this Agreement or any subsequent agreements; or (12) use the Site for any illegal purpose.
Pursuant to the specifications located in this Agreement, the Site, or any social media platforms on which Curious Table has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post or submit to us through email or other channels must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and this Agreement (including, but not limited to, the Prohibited Uses set out in Section 16 of these Terms, respectively). You understand and acknowledge that you are responsible for any User Content you submit or contribute through any channel or method and your use of any Interactive Areas of the Site, and you, not Curious Table, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you represent and warrant that:(1) You own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (2) all of your User Content does and will comply with this Agreement. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site, to our pages, e-mails, business address, or feeds on third party social media platforms (e.g., Curious Table’s Facebook page, Instagram page, or Twitter feed), you hereby: (1) grant Curious Table and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part; (2) represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the lawful right to post such User Content, (b) the User Content is non-confidential and you authorize Curious Table to use such User Content for the purposes described in this Agreement, (c) the User Content is accurate and not misleading or harmful in any manner, and (d) the User Content, and your use and posting thereof, does not and will not violate this Agreement or any applicable law, rule, regulation or third party right.
You agree to defend, indemnify and hold harmless Curious Table, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers, and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs, and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the Products or any Offerings, or any information obtained therefore other than as expressly authorized in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Curious Table of any third-party claims, cooperate with Curious Table in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Curious Table. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Offerings
YOU ARE SOLELY RESPONSIBLE FOR AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE PREPARATION (INCLUDING STORAGE, WASHING, AND COOKING), USE, AND CONSUMPTION OF THE CONTENTS OF THE Curious Meal. AS SUCH, ALL CONTENTS OF THE RESPECTIVE Curious Meal ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Allergen Information. PLEASE NOTE THAT THE EIGHT MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION, WHICH ARE WHEAT, EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH, AND SHELLFISH, ARE STORED, PORTIONED, AND PACKAGED IN Curious Table’S AND OUR SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE Curious Table TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE Curious Meals, OR THE Curious Meal, MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. Curious Table DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTS LABEL OR CONTACT Curious Table IN ORDER TO PROVIDE INFORMATION TO CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
Specifications Related to Warranties. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR Curious Meal AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Curious Table, ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS LIMITATION SHALL INCLUDE BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS OR ANTICIPATED SAVINGS, USE, GOODWILL, DATA; AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, IN NO EVENT SHALL Curious Table BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD-PARTY CONTENT, CONTENT OF LINKED THIRD PARTY SITES), OR THE ORDERING, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT(INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM Curious Table, OR FROM EVENTS BEYOND Curious Table’S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE). UNDER NO CIRCUMSTANCES WILL Curious Table BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO Curious Table BY YOU DURING THE THIRTY (30) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION 22 SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH Curious Table AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with Curious Table, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Curious Table may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to: Curious Table, c/o Legal Department at the address provided at the end of this document.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Curious Table. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND Curious Table HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Curious Table are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 21.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt-Out. You have the right to opt-out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to: in firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Curious Table username (if any), the email address you used to set up your Curious Table account (if you have one), and an unequivocal statement that you want to opt-out of this Arbitration Agreement. If you opt-out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us. 24.7
Severability. Except as provided in subsection 24.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. 24.8
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Curious Table. 24.9
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Curious Table makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Curious Table at the address provided at the end of this document.
ATHIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
Term. The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Offerings unless terminated earlier in accordance with the Agreement. 26.2
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Offerings or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Offerings, unless earlier terminated in accordance with the Agreement. 26.3
Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance to the terms set forth in Sections 6 and 10.3 hereunder. Except as set forth above, the Service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if Curious Table is required to do so by law (e.g., where the provision of the Site or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Curious Table’s sole discretion and that Curious Table shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you. 26.4
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Curious Table will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive shall survive termination of the Offering or Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. 26.5
No Subsequent Registration. If your registration(s) with or ability to access the Service is discontinued by Curious Table due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Curious Table reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
If any of this Agreement are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Curious Table of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under this Agreement does not constitute a waiver of such right or provision.
This Agreement and any document expressly referred to in them constitute the whole agreement between you and Curious Table, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any contract. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Curious Table. Except as otherwise provided herein, this Agreement are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
The communications between you and use electronic means, whether you visit Services or send Curious Table e-mails, or whether Curious Table posts notices on Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Curious Table in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to this Agreement that Curious Table provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
Where Curious Table requires that you provide an e-mail address, you are responsible for providing Curious Table with your most current e-mail address. In the event that the last e-mail address you provided to Curious Table is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, Curious Table ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Curious Table at the address provided at the end of this document. Such notice shall be deemed given when received by Curious Table by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Please direct all mail for Curious Table to:
237 East 7th Avenue
Salt Lake City, Utah
Email us at: email@example.com