Terms of Use Agreement

By sharing the Privacy Policy for Cuisine, a la Carte (collectively, “we” or “us”), we hope to help you understand how information can create new opportunities for you, our customer, as well as to reassure you that we respect and honor customer requests to restrict and protect personal information. We will comply with our US Privacy Policy with respect to United States residents. If you reside in the EU, please see Your rights under EU Data protection Laws. If you reside in California, please see Notice to California Residents/Your California Privacy Rights. If you reside in Nevada, please see Notice to Nevada Residents/Your Nevada Privacy Rights. These sections provide information regarding the rights afforded to individuals residing in these jurisdictions under law.

By using the Cuisine, a la carte web site (“Cuisine a la carte” or the “Site”), a service of Cuisine a la carte, Inc., you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. If you have any questions, please refer to the Help section of the Site. Before you may become a member of Cuisine a la carte, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2022, for current users and upon acceptance for new users.

Membership Eligibility

Age: Cuisine a la carte services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Cuisine a la carte's policy as stated in the Agreement and Cuisine a la carte Privacy Policy. Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Cuisine a la carte of any unauthorized use of your password or any breach of security. You also agree that Cuisine a la carte cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your Cuisine a la carte account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: Cuisine a la carte services are not available to temporarily or indefinitely suspended Cuisine a la carte members. Cuisine a la carte reserves the right, in Cuisine a la carte sole discretion, to cancel unconfirmed or inactive accounts. Cuisine a la carte reserves the right to refuse service to anyone, for any reason, at any time.

Cuisine a la Carte E-gift Cards

Cuisine a la carte-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in Cuisine a la carte online. The recipient of an E-Card will be notified via email. You may purchase E-Cards in US dollar denominations of any custom amount. The amount of the E-Card you purchase will be charged to your credit card when you confirm your purchase of such E-Card. Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient’s shopping cart as a credit toward purchases on Cuisine a la carte. If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with Cuisine a la carte standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Referral Credits. E-Cards do not expire. Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other Cuisine a la carte Users’ accounts), (c) reload E-Cards, or (d) redeem unused E-Card balances if they cancel their Cuisine a la carte account. E- Cards are not currency, and do not have cash value outside of Cuisine a la carte. Cuisine a la carte is not responsible for any unauthorized use of an E-Card.

Prohibited Activities

You are solely responsible for your conduct and activities on and relating to Cuisine a la carte and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Cui. Restricted Activities: Your Content and your use of Cuisine a la carte shall not:

  1. Be false, inaccurate or misleading
  2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Cuisine a la carte staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  7. Be obscene or contain child pornography
  8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  9. Host images not part of a listing
  10. Link directly or indirectly, reference or contain information about goods or services offered external to Cuisine a la carte.
  11. Modify, adapt or hack Cuisine a la carte or modify another website so as to falsely imply that it is associated with Cuisine a la carte
  12. Appear to create liability for Cuisine a la carte or cause Cuisine a la carte to lose (in whole or in part) the services of Cuisine a la carte ISPs or other suppliers
  13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on Cuisine a la carte

Furthermore, you may not list any item on Cuisine a la carte (or consummate any transaction that was initiated using Cuisine a la carte service) that, by paying to Cuisine a la carte the commission or transaction fee, could cause Cuisine a la carte to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: Cuisine a la carte does not claim ownership rights in your Content. You grant a license solely to enable Cuisine a la carte to use any information or Content you supply Cuisine a la carte with, so that Cuisine a la carte is not violating any rights you might have in that Content. You grant Cuisine a la carte a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Cuisine a la carte to store or re-format your Content on Cuisine a la carte and display your Content on Cuisine a la carte in any way as Cuisine a la carte chooses. Cuisine a la carte will only use personal information in accordance with Cuisine a la carte Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Cuisine a la carte user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Cuisine a la carte-related communications. Cuisine a la carte has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Cuisine a la carte user to your email or physical mail list. For more information, see Cuisine a la carte Privacy Policy.

Re-Posting Content: By posting Content on Cuisine a la carte, it is possible for an outside website or a third party to re-post that Content. You agree to hold Cuisine a la carte harmless for any dispute concerning this use. If you choose to display your own Cuisine a la carte-hosted image on another website, the image must provide a link back to its listing page on Cuisine a la carte.

Information Control

Cuisine a la carte does not control the Content provided by users that is made available on Cuisine a la carte. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using Cuisine, a la carte, you agree to accept such risks and that Cuisine a la carte (and Cuisine a la carte officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Cuisine a la carte. Please use caution, common sense, and practice safe buying and selling when using Cuisine, a la carte

Other Resources: Cuisine a la carte is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Cuisine a la carte does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Cuisine a la carte 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

In the event a dispute arises between you and Cuisine a la carte, please contact Cuisine a la carte  Should you have a dispute with one or more users, or an outside party, you release Cuisine a la carte(and Cuisine a la carte officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Cuisine a la carte encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Cuisine a la carte, for the benefit of users, may try to help users resolve disputes. Cuisine a la carte does so in Cuisine a la carte sole discretion, and Cuisine a la carte has no obligation to resolve disputes between users or between users and outside parties. To the extent that Cuisine a la carte attempts to resolve a dispute, Cuisine a la carte will do so in good faith based solely on Cuisine a la carte policies. Cuisine a la carte will not make judgments regarding legal issues or claims.

Intellectual Property

Cuisine a la carte, and other Cuisine a la carte graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Cuisine a la carte, Inc. in the U.S. and/or other countries. Cuisine a la carte trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

Much of the information on Cuisine a la carte is updated on a real-time basis and is proprietary or is licensed to Cuisine a la carte by Cuisine a la carte users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Cuisine a la carte for any purpose without Cuisine a la carte prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in Cuisine a la carte sole discretion, an unreasonable or disproportionately large load on Cu infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of Cuisine a la carte and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

Breach

Without limiting any other remedies, Cuisine a la carte may, without notice, and without refunding any fees, delay or immediately remove Content, warn Cuisine a la carte community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Cuisine a la carte suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Cuisine a la carte is unable to verify or authenticate any of your personal information or Content; Or Cuisine a la carte believes that a user is acting inconsistently with the letter or spirit of Cuisine a la carte policies, has engaged in improper or fraudulent activity in connection with Cuisine a la carte or the actions may cause legal liability or financial loss to Cuisine a la carte users or to Cuisine a la carte.

Privacy

Except as provided in Cuisine a la carte Privacy Policy, Cuisine a la carte will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Cuisine a la carte stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

GOLDBELLY, GOLDBELLY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND GOLDBELLY’S SUPPLIERS PROVIDE GOLDBELLY’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. GOLDBELLY, GOLDBELLY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND GOLDBELLY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM GOLDBELLY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL GOLDBELLY, AND (AS APPLICABLE) GOLDBELLY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR GOLDBELLY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, GOLDBELLY’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. GOLDBELLY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF GOLDBELLY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO GOLDBELLY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD GOLDBELLY AND (AS APPLICABLE) GOLDBELLY’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guaranty

Cuisine a la carte does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Cuisine a la carte control.

Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Cuisine a la carte service and your listing, purchase, solicitation of offers to purchase, and sale of items.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and Cuisine a la carte are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Service

Cuisine a la carte reserves the right to modify or terminate the Cuisine a la carte service for any reason, without notice, at any time. Cuisine a la carte reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Cuisine a la carte will notify you via email to the email address in your account. What constitutes a “material change” will be determined at

Cuisine a la carte sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York and disputes arising under this Agreement will be adjudicated by the courts of the State of New York.

Survival

Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Cuisine a la carte Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Cuisine a la carte, in your case, to the email address you provide to Cuisine a la carte (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Cuisine a la carte may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Cuisine a la carte. In such case, notice shall be deemed given three days after the date of mailing.