|About Bone Appetit||Welcome to Bone Appetit! Bone Appetit is brought to you by Mailo & Ollie, Inc., d.b.a. Bone Appetit (referred to in these Terms as “we”, “us”, “our”, and “Bone Appetit”). We are a company incorporated in California, USA with an address at 207 Hollywood Ave. Los Gatos, CA 95030.|
|Conditional access to Services||Your access to and use of the Services and Bone Appetit Content is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.|
|Services subject to limitation and amendment||The Services that Bone Appetit provides are always evolving. The form and nature of the Services that Bone Appetit provides may change from time to time. Bone Appetit retains the right to create limitations on use and storage at its sole discretion at any time without prior notice or any liability to you.|
If you have shared your email address with us, we will notify you about any substantial changes that would affect your personal data. However, it is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms. Your continued use of the Site and Services, after Bone Appetit has posted a revised version of this Terms to the Site constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms will apply to any dispute between you and Bone Appetit that arose prior to the date of such revision.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE THIS SITE OR ANY SERVICES OF BONE APPETIT.
|I. BASIC TERMS|
|Responsibility for user`s Content||You are solely responsible for your use of the Services, the information you provide us, for any content you post to the Services, and for any consequences thereof (collectively, information provided by you and content posted by you is “User Content”). The User Content you post or display on the Services (specifically, Customer Product Reviews) will be able to be viewed by other users of the Services and through third party services and websites.|
|Disabling the account||You may disable your account by contacting us. We can be reached by email at email@example.com to disable your account. Upon disabling your account, the User Content you made public shall continue to be public. You should only provide User Content that you are comfortable sharing with others under these Terms.|
|Age and other restrictions for use of Services||You may use the Site and Services only if you are at least 13 years of age. We do not knowingly market or facilitate the offering of Products for purchase by children. You may only buy items from other users if you are legally capable of forming a binding contract (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms, and are not a person barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.|
|Compliance with Terms and Laws||You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.|
|Use of Services by Entities||If you open an account on behalf of a company, organization, or other entity, then: “you” includes you and that entity; and you represent and warrant that you are authorized on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity’s behalf.|
|II. ACCOUNT REGISTRATION|
|Opening account with Bone Appetit||In order to register an account with Bone Appetit, you are required to provide your email address, name, display name, and password. After you have registered an account and become a Bone Appetit member, you may buy Products, add them to your Cart, save Products in your Wish List, and post Customer Product Reviews. You do not need to become a member to view the Site or complete the purchase of a Product.|
|Unauthorized access to account||You may not authorize others to use your personal account. You are solely responsible for keeping your registration and other personal information (including your username and password) of your account confidential. You shall promptly notify Bone Appetit of any actual or suspected unauthorized third party access to your account. You shall cooperate with and assist us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party.|
|User`s Warranty||You warrant that all registration information and personal information provided to Bone Appetit is true and accurate.|
|III. PURCHASE PRODUCTS|
|Description of Services||Bone Appetit is an online platform that allows users to purchase high quality raw dog food products (“Product”).|
|Selecting a Product||You may browse the Site to learn about the different Products. You may select a Product, and add the Product to your Wish List or to your Cart.|
|Wish List||By placing a Product into your Wish List, the Product will be saved under your account information. You may later delete the Product from your Wish List or move the Product into your Cart to purchase.|
|Cart||By placing a Product into your Cart, the Product will be saved and ready to purchase while you continue to shop. If you are a member, the Product will remain in your Cart until purchased or removed, and if you are not a member, the Product will remain in your Cart until purchased or you leave the Site.|
|Membership in Bone Appetit||If you have created an account with Bone Appetit, you are a Bone Appetit member.|
|Entering and editing of payment and shipping information||As a Bone Appetit member, your information provided as part of your Profile will be stored in accordance with our Privacy & Cookies Policy. You will be required to enter your shipping and billing information that is different than your Profile information each time you purchase an item through Bone Appetit.|
|Check-out and cards validation||When you make a payment through Bone Appetit, you will need to follow instructions on the checkout page. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.|
|No liability in respect of information provided to third parties||We take reasonable care to make our platform secure and, in so far as it is in our power to do so, to keep the information of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer while providing information to third parties.|
|Means of payment||Online payment can be made by any card accepted by Bone Appetit. Bone Appetit does not accept payments by checks, postal orders, cash, money orders, international wire transfers, bank transfers or Paypal.|
|Payments processed by third party||All transactions made in connection with Bone Appetit will use third parties to process payments. When we use a third party to process payments, we will fully encrypt your data and only permit the use of your data for processing the transactions which you have initiated. For any transactions processed by a third party, we will provide the third party with the information of your card as well as your billing information.|
|Customer Product Reviews|
|Customer Product Reviews||As a customer and member of Bone Appetit, you may review Products actually purchased and used by you (“Customer Product Reviews”). For purposes of this Terms and Conditions, your Customer Product Reviews are considered “User Content.”|
|Representations and Warranties||When making a Customer Product Review, you represent and warrant that you have in fact used the Product, and that such Customer Product Review is an honest representation of your experience using the Product.|
|Return Policy||At Bone Appetit, we stand behind our products. If you are not absolutely thrilled with your purchase from Bone Appetit, for any reason at all, we’ll cheerfully replace your purchase or refund your money, whichever you prefer.|
When you order from Bone Appetit, your satisfaction is always unconditionally guaranteed, so you can order with complete confidence. If at any time you have problems with an order, simply contact Customer Service.
Our Toll-Free phone number 1-408-800-3327.
Department Hours (Pacific Standard Time):
Weekdays 7:00am to 10:00pm
Saturday 8:00am to 7:00pm
Sunday 9:00am to 5:00pm
Or feel free to send us an email 24 hours a day 7 days a week, to firstname.lastname@example.org. Please make sure to include as much order information as possible, to help us expedite your request.
We reserve the right to limit refunds and replacements as well as the right to request the return of the Product.
|IV. ACCESSING THE SERVICES|
|Services not available from time to time||Although the Services are normally available, there will be occasions when the Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Bone Appetit.|
|Restriction of access to Services||From time to time, we may restrict access to some or all parts of our Services for any reason.|
|Right to withdraw and modify the services without notice||We do not guarantee your access to Services at all time, and we reserve the right to withdraw or amend the Services without notice and the right to modify, restrict access or terminate access to the Services at any time.|
|No liability for unavailability of Services||We will not be liable if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.|
|No liability for loss of Content||Bone Appetit will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.|
|V. CONTENT ON THE SERVICES|
|Deletion of User Content without notice||Bone Appetit reserves the right to delete any User Content for any reason, without prior notice. Deleted User Content may be stored by Bone Appetit in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Bone Appetit encourages you to maintain your own backup of your User Content. In other words, Bone Appetit is not a backup service.|
|Right to delete Content violating Terms and Law||Although Bone Appetit does not routinely screen or monitor User Content posted by users of the Services, Bone Appetit reserves the right to do so and to remove User Content, specifically Customer Product Reviews, which violates these Terms (or applicable laws) of which Bone Appetit becomes aware, but Bone Appetit is under no obligation to do so.|
Any use or reliance on any User Content posted via the Services or obtained by you through the Services is at your own risk. If Bone Appetit is notified by a third party that any User Content is in violation of these Terms or any applicable laws, either in letter or in spirit of these Terms, we reserve the right to remove such User Content from the Services without notice to you.
|No liability for untrue and inaccurate Content||Bone Appetit does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed by users of the Services. You understand that by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Bone Appetit be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.|
|Retaining of deleted Content||Following termination or deactivation of your account, or if you remove any User Content from the Services, we may retain your content for a commercially reasonable period of time for backup, archival, or audit purposes. Following deactivation of account, the User Content may continue to be public. Bone Appetit and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Services. You may request to remove your User Content by emailing email@example.com.|
|VI. INTELLECTUAL PROPERTY|
|IP rights||All intellectual property rights (including but not limited to copyright, trademarks, registered and unregistered designs, database rights, domain names and goodwill in all Bone Appetit Content included on the Bone Appetit Site and in BONE APPETIT trademarks, including all text, designs, graphics, logos, photographs and images), but excluding all User Content, is the exclusive property of Bone Appetit, Inc. and its affiliates (collectively “Bone Appetit”) or its licensors and is protected by applicable laws around the world. Any commercial use, including the reproduction, modification, distribution and transmission of any Bone Appetit Content without the prior written consent of Bone Appetit is strictly prohibited.|
|Bone Appetit Trademarks||Bone Appetit Trademarks|
“BONE APPETIT” and its logos and designs are trademarks in the United States owned by Bone Appetit, Inc. Bone Appetit’s trademarks are important company assets and Bone Appetit requires that they be used properly and with proper authorization from Bone Appetit. To protect its trademarks, Bone Appetit rigorously takes actions against any trademark violations.
|IP Complaints||Intellectual Property Complaints|
Bone Appetit strives to ensure full compliance with intellectual property laws and to ensure that listed items do not infringe the intellectual property of third parties. If you wish to make a complaint regarding alleged intellectual property infringement then please follow the relevant process below to allow us to investigate, assess and respond to your complaint.
|Trademark complaint||Trademark Complaint|
|Copyright complaint||Copyright Complaint|
|Other IP Complaints||Other Intellectual Property Complaints|
|Contact details for complaints||Please send your complaint to firstname.lastname@example.org or via mail: Mailo & Ollie, Inc. d.b.a. Bone Appetit. 207 Hollywood Ave. Los Gatos, CA 95030. We aim to respond to any such complaint within thirty (30) business days.|
|VII. YOUR RIGHTS|
|Ownership of User Content||Bone Appetit does not claim any ownership rights in any “User Content.”|
|Permission to use Submissions for marketing and promotion||When you submit emails, communications, questions, comments, suggestions, ideas, public postings, material submitted via web forms, or any other information (“Submissions”) to Bone Appetit, you grant Bone Appetit permission to use such Submissions for marketing and other promotional purposes. (Submissions are “User Content”).|
|No confidentiality obligations in relation of Submissions||You agree that Bone Appetit will have no obligation to keep any Submissions confidential and you will not bring a claim against Bone Appetit based on “moral rights” or the like arising from Bone Appetit’s use of a Submission.|
|Users` warranty related to ownership of User Content and Submissions.|
Indemnification to Bone Appetit
|You represent and warrant that:|
(i) you own the content of your User Content, including Submissions, on the Site or through the Services or otherwise have the right to grant the license set forth in this section,
(ii) the publishing, share and use of your User Content, including Submissions, on the Site or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and
(iii) the publishing, share and use of your User Content, including Submissions, on the Site or through the Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other payment owing any person by reason of User Content, including Submissions, you share on or through the Services. You agree to indemnify and hold Bone Appetit and its employees and affiliates harmless from any damage, loss, or expense incurred in connection with any claims arise out of your User Content, including Submissions.
|Granting of limited license for Bone Appetit Content to Users||The Services contain Bone Appetit Content owned by Bone Appetit. Bone Appetit hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Bone Appetit Content (excluding any software code) solely for your own use in connection with viewing Bone Appetit platform and using Services.|
The Services contain User Content created by and submitted by other users and/or other Bone Appetit licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Content appearing on or through the Services and Bone Appetit Site.
Except to the extent permitted by applicable laws, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
|VIII. BONE APPETIT RIGHTS|
|Granting of license for Users Content to Bone Appetit||You retain your rights, including copyright and other intellectual property rights, to any User Content you submit, post or display on or through the Services.|
By submitting, posting or displaying User Content, including Customer Product Reviews, on or through the Services, you hereby grant Bone Appetit a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed), including without limitation distributing part or all of the platform User Content in any media formats through any media channels.
You agree that this license includes the right for Bone Appetit to make such User Content available to other companies, organizations or individuals who partner with Bone Appetit for the syndication, broadcast, distribution or publication of such User Content on other media and services.
You agree that no compensation will be payable to you in respect of any of the foregoing uses by Bone Appetit, or other companies, organizations or individuals who partner with Bone Appetit with respect to the Content that you submit, post, transmit or otherwise make available through the Services. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such User Content to the fullest extent permitted by law.
Bone Appetit may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
|You understand that your User Content may be used, reproduced or displayed by Bone Appetit’s Partners and if you do not have the right to submit User Content for such use, it may subject you to liability. Bone Appetit will not be responsible or liable for any use of your User Content by Bone Appetit in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.|
|Use of Content`s copies||You must not copy any part of the Bone Appetit Content or use Bone Appetit Content for creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.|
If you copy or download any part of the Services or Bone Appetit Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
|IX. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES|
|Restrictions related to Services and Content||You shall not use the Services:|
· In any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
· For any purpose that is not permitted by these Terms;
· In any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;
· To distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
· In any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
· In any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
· In any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
· To post photographs or images of another person without his/her permission (and if a minor, the permission of the minor’s legal guardian);
· To promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
· To access, tamper with, cause damage to, or use non-public areas of the Services, Bone Appetit’s computer systems, servers or equipment or the technical delivery systems of Bone Appetit’s providers;
· To access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
· In any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
· To introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
· Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
· To copy, modify, or distribute any other User Content without the other user’s consent;
· For commercial purposes other than as expressly permitted in these Terms;
· To bypass measures used to prevent or restrict access to the Services;
· To solicit or provide unlawful services;
· To harvest or otherwise collect information about others without their consent;
· To gain unauthorized access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
· To forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
· To scrape, crawl or spider or otherwise use the Services or any Bone Appetit or User Content for phishing, spamming, trolling or any unauthorized (commercial) purpose; or
· To promote or support or solicit involvement in any political platform or cause, religion (recognized as organized or unorganized), cult or sect of any kind.
|Reservation of rights||Bone Appetit reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Services and to terminate users or reclaim usernames.|
Bone Appetit also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to:
(i) Satisfy any applicable law, regulation, legal process or governmental request;
(ii) Enforce the Terms, including investigation of potential violations hereof;
(iii) Detect, prevent, or otherwise address fraud, security or technical issues,
(iv) Respond to user support requests, or;
(v) Protect the rights, property or safety of Bone Appetit, its users and the public.
|Security and unauthorised access||While we will do what we can to protect the security of your User Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.|
|X. BONE APPETIT ADVERTISEMENTS|
|Bone Appetit`s right to advertise||The Services may include advertisements, which may be targeted to the User Content or information on the Services, queries made through the Services, or other information. In consideration for Bone Appetit granting you access to and use of the Services, you agree that Bone Appetit and its third party providers and partners may place such advertising and promotions on the Bone Appetit Services or on, about, or in conjunction with the display of User Content or information from the Services whether submitted by you or others. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.|
|No liability for third parties` websites||Users may find advertising or other content on the Site that link to the sites and services of our clients, partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not endorse or control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website’s own terms and policies. Bone Appetit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site or resource.|
|XI. BONE APPETIT PROMOTIONS|
|Promotional discounts||From time to time, Bone Appetit may distribute promotional discount codes, which can be applied to your purchase order. Each discount promotion has its specific terms and conditions which you must accept for using the discount codes.|
|XII. ACCURACY OF INFORMATION|
|Accuracy of information||We attempt to be as accurate as possible when describing our Services on the Site, however, we do not warrant that the Product descriptions, information or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.|
|Access at your risk||The Services Are Available “as-is”|
Your access to and use of the Services or any Bone Appetit or User Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
Without limiting the foregoing, BONE APPETIT AND ITS PARTNERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATION), GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED.
|No liability for harm caused by access to Services||Bone Appetit makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any content thereon. Bone Appetit will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Bone Appetit or User Content. You also agree that Bone Appetit has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Bone Appetit makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Bone Appetit or through the Services, will create any warranty not expressly made herein.|
|No liability for damage caused by viruses||We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Bone Appetit or User Content posted on it, or on any website or application linked to it.|
|XIII. LIMITATION OF LIABILITY|
|Limitation of liability||YOU EXPRESSLY UNDERSTAND AND AGREE THAT BONE APPETIT AND ITS EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES, INCLUDING BUT NOT LIMITED TO ANY THIRD PARTIES RESPONSIBLE FOR THE CREATION, MAINTENANCE AND UPKEEP OF THE SITE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BONE APPETIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF THIS SITE OR ANY COMPUTER VIRUSES ON YOUR COMPUTER OR ELECTRONIC DEVICES. IN NO EVENT SHALL BONE APPETIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.|
|XIV. REPRESENTATIONS & WARRANTIES.|
|Users` representations and warranties||You represent and warrant that you:|
(i) have the full power and authority to enter into and perform under this Agreement;
(ii) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; and
(iii) will comply with all applicable laws, rules, and regulations.
You further represent and warrant to Bone Appetit that:
(i) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Submissions;
(ii) Bone Appetit will not be required to make any payments to any third party in connection with its use of your Submissions, except for the expenses that Bone Appetit incurs in providing the Services;
(iii) the use of any instructions, formulae, recommendations, or the like contained in your Submissions will not cause injury to any third party; and
(iv) your Submissions does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
|Indemnification||You will indemnify and hold Bone Appetit and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any portion of this Agreement.|
If you have to indemnify Bone Appetit under this Section, Bone Appetit will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Bone Appetit’ express written permission.
|Right to assign||Bone Appetit has the right, at its election, to assign these Terms or any of its rights hereunder, or delegate any of its obligations hereunder in whole or in part, to any person, firm, or corporation. You will not have the right to assign or transfer any rights hereunder.|
|Arbitration clause||If a dispute arises from or relates to this Agreement, your use of the Bone Appetit Site or Services, or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree that any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds one hundred thousand dollars ($100,000), in which case the dispute shall be heard by a panel of three (3) arbitrators. The place of arbitration shall be in Santa Clara County, California. The arbitration shall be governed by the laws of the State of California. The prevailing party shall be entitled to an award of reasonable attorney fees, if awarded by the arbitrator(s).|
|Disputes related to copyrights||Notwithstanding the foregoing, if a third party claim is brought against either party for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of content which is contrary to the rights granted in this Agreement, the parties shall not be bound by this arbitration provision and may defend themselves and make a claim against the other party in the appropriate court of law and/or equity.|
|Costs||In the event of a dispute arising out of these Terms and not subject to the arbitration provision above, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees.|
|XVIII. GOVERNING LAW.|
|Governing Law; Disputes resolution||These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.|
The parties to these Terms agree that any claim or dispute arising under these Terms must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration provision above. The parties agree to submit to the personal jurisdiction of the courts located within the Santa Clara County, California for the purpose of litigating all such claims or disputes.
|Class Action Waiver||Where permitted under applicable law, you and Bone Appetit agree that each may bring claims only against the other in your or its individual capacity, and not as a class member in any purported class or representative action. Unless both you and Bone Appetit agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.|
|Consent to Terms||Your use of this Site shall be deemed express approval of all terms of this Agreement.|
|These Terms contains the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes and replaces all prior negotiations or proposed agreements, written or oral. The undersigned acknowledge that no other party, nor agent or attorney of any other party, has made any promise, representation or warranty whatsoever, express or implied, not contained herein, to induce the undersigned to execute this Agreement, and acknowledge that the undersigned have not executed these Terms in reliance upon such promise, representation or warranty not contained herein.|
You may be subject to additional Agreement that may apply when you use affiliate services, third-party content or third-party software.
Every provision herein is intended to be severable. In the event any term or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court of competent jurisdiction, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable.
|Contact details||If you have any questions about this Agreement, the practices of Bone Appetit, or your dealings with this Site, please contact us at email@example.com.|
|Languages||These Terms has been drawn up in the English language. In case of discrepancies between the English text version of these Terms and any translation, the English version shall prevail.|
|Date||Last Revised: June 1, 2019|