Terms of Service

Last Revised: January 9, 2022

 

KITCHOLOGY INC'S KITCHOLOGY.COM, COMMERCIAL.KITCHOLOGY.COM API, AND ACADEMIA.KITCHOLOGY.COM API TERMS OF USE

Welcome to Kitchology.com and the Kitchology Application Programming Interfaces (API)s. Please read these terms of use carefully before using the services offered by Kitchology Inc ("Kitchology," "us," "we"). These terms of use set forth the terms and conditions of our relationship and for your use of the Kitchology.com website (the "Site") and the services, features, content, applications, APIs, apps, or widgets offered by Kitchology (collectively, the "Services").

 

THE AGREEMENT BETWEEN KITCHOLOGY AND YOU

By accessing Kitchology.com or any Kitchology API, you agree to be bound by the terms of this Agreement.

  • You understand that by using the Site or Services, you agree to comply with and be bound by the terms and conditions contained herein ("Terms of Use" or "Agreement"), which also incorporate Kitchology's Privacy Policy ("Privacy Policy").

  • This Agreement constitutes the entire and only Agreement between you and us. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site and the Services, the content, products, or services provided by or through the Site and the Services, and the subject matter of this Agreement.

You are responsible for reviewing changes to this Agreement

  • This Agreement applies to all users of the Site and the Services.

  • Kitchology may make changes to this Agreement from time to time without specifically notifying you.

  • Kitchology will post the latest Agreement on the Site and may post it on Kitchology's APIs, but it is up to you to review it before using the Site or Services.

  • If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.

  • In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by Kitchology from time to time, and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

YOUR USE OF THE SITE AND SERVICES

Your registration and account security

When you use the Site or the Services, you may provide Kitchology certain registration and account information, which Kitchology will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:

  • You will register your account for your own use and not for the use of another person, and you will only create one account for yourself.

  • You will not assign or transfer your account to anyone without first getting Kitchology's written consent.

  • You will not provide false or misleading information when you register an account.

  • If Kitchology terminates or disables your account, you may not create another account without first getting Kitchology's written consent.

  • You will not use your account in a commercial fashion or manner.

  • You will keep your contact and other information requested by Kitchology (such as age, gender, etc.) accurate and up to date.

  • You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.

  • If you select a username for your account, Kitchology reserves the right to remove or reclaim it if Kitchology, in its sole discretion, determines it is inappropriate.

 

Provisions applicable to Kitchology software

  • If you download or use any Kitchology software, you agree that from time to time, the software may be updated and/or upgraded with additional features by Kitchology to improve the software.

  • You agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Kitchology software.

 

Your use of Paid Services

If you use and/or subscribe to any of Kitchology's services that require the payment of fees (these services are referred to as "Paid Services"), you agree to be bound by the following terms in addition to other terms in these terms of use:

  • You understand that any and all fees are stated in United States dollars.

  • You agree to furnish payment for all applicable fees and any taxes or additional charges that may be imposed by third parties.

  • You understand that your purchases of any of the Paid Services are final and non-refundable and that a refund will only be granted if Kitchology, in its sole discretion, provides written consent for a refund. 

  • You understand that Kitchology may change pricing and fees for any of the Paid Services at any time. 

  • You understand that Kitchology may, in its sole discretion, modify the features and functions of or eliminate any of the Paid Services.

  • You understand that your use of any of the Paid Services are subject to limited licenses provided by Kitchology for you to use the Paid Services and that any terms such as "assign, transfer, sell, buy, purchase," or any similar terms do not create any actual transfers to you of any ownership, right, or title, in any fashion. 

  • You understand that you may not resell, transfer, exchange, or license the Paid Services to any third parties.

  • You understand that if Kitchology terminates or disables your account, that may result in your license to any Paid Services being terminated as well.

 

Kitchology may edit or modify anything on the Site or Services without notice.

Kitchology is committed to delivering a positive user experience, and you understand that Kitchology reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the Site and the Services in its sole discretion, without notice.

You are responsible for accepting updated versions of the Site and Services.

  • If Kitchology provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.

  • If you do not accept updated versions of the Site and Services, Kitchology shall bear any responsibility or liability for your decision.

 

You agree to let us monitor your activity on Kitchology APIs and the Site and Services.

  • Because Kitchology wants to continue to improve the Site and the Services for the benefit of you, the user, we may monitor your activity on Kitchology APIs, as well as on the Site and Services.

  • By using any Kitchology API or the Site and Services, you specifically agree to Kitchology monitoring you in this manner.

  • You understand, however, Kitchology cannot and does not make any warranties or guarantees that: (i) any Kitchology APIs or the Site and Services, or any component thereof or any component of the Services, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the Services will be free from error or authenticated; or (iii) Kitchology will take any action in the event of any non-compliance with these terms of use.

 

You must be 18 or older to use the Kitchology Site or Services.

  • The Site and the Services are not intended for use by children, especially those under age 13.

  • You understand that You may not use the Site or the Services where such use is prohibited.

  • You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older.

  • Any use of or access to the Site or the Services by anyone under 18 is unauthorized.

  • You represent and warrant that you are 18 or older and agree to and abide by all of the terms and conditions of this Agreement.

 

It is your responsibility to make sure this Agreement and your use of the Site and Services comply with all laws applicable to you.

  • You understand Kitchology may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.

  • You are solely responsible for ensuring that this Agreement complies with all laws, rules, and regulations applicable to you.

  • You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.

 

Kitchology may terminate your use of the Site and/or Services without reason or notice to you

While Kitchology respects its users, you agree that Kitchology may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason and with or without notice.

 

WHO OWNS WHAT, AND HOW CAN YOU USE IT?

 

The copyright to all content on the Site and Services is owned by the provider of that content.

  • The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site and the Services ("Copyright Content") are the property of Kitchology or its content suppliers and are protected under applicable copyrights, trademarks, and other proprietary rights.

  • You may not copy, redistribute, use, or publish any part of the Site or the Services, except as allowed by this Agreement.

  • You do not acquire ownership rights to any content, document, or other materials viewed through the Site or the Services.

 

You may not use trademarks appearing on the Site or Services in an infringing manner.

  • You agree that KITCHOLOGY, KITCHOLOGY.COM, and other Kitchology graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Kitchology or its affiliates ("Trademark Content").

  • Kitchology trademarks and trade dress may not be used in connection with any product or service that is not Kitchology's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kitchology.

  • All other trademarks not owned by Kitchology or its affiliates that may appear on this Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kitchology or its affiliates.

 

You may use the Kitchology Site and Services for limited, non-commercial purposes.

  • Kitchology grants you a limited license to access and make personal use of the Site and the Services.

  • Kitchology does not grant you the right to download (other than temporary page caching) or modify the Site and the Services or any portion of the Site and the Services.

  • You understand Kitchology does not grant you the right to resell make commercial use (except as provided herein) of the Site and the Services or their contents; make any derivative use of the Site and the Services or their contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

  • You understand the Site and the Services, or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.

  • You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Kitchology and our affiliates without express written consent.

  • You may not use any meta tags or any other "hidden text" utilizing Kitchology's name or trademarks without the express written consent of Kitchology. Any unauthorized use terminates the permission or license granted by Kitchology.

  • You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.

  • You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Kitchology so long as the link does not portray Kitchology, its affiliates, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

  • You may not use any Kitchology logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Your Rights to Your Data

  • When you use the Site and Service, you may input certain data about yourself, like your height and age. In order for Kitchology to make the Site and Service available and to keep improving it, Kitchology needs to be able to use that data and share that data with third parties, BUT only if: 1) Kitchology strips that data of anything that would identify you; and/or 2) Kitchology gets your consent to use that data without stripping it of anything that would identify you.

  • When using the Site and Services, you may submit data to and through the Site and Services, including height, weight, age, etc. (collectively, "Your Data").  You agree that Kitchology may collect, analyze, and use data derived from Your Data, including de-identified, aggregated, or anonymized data, as well as data about your and other users' access and use of the Site and Service. If Kitchology shares or publicly discloses information (e.g., in marketing materials, in application development, or with third parties) that is derived from Your Data, without your consent, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual or entity ("Anonymized Data"). 

  • You grant Kitchology a license to Your Data. However, in order to make the Site and Services available to you and other users, Kitchology needs a license from you. By submitting, posting, or displaying Your Data on or through the Site and Services, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, resell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of the Anonymized Data (and derivative works thereof) (or Your Data (and derivative works thereof), but only if you provide your consent to do so), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same.

  • You agree that this license includes the right for Kitchology to provide, promote, and improve the Site and Services and to make Anonymized Data (or Your Data, but only if you provide your consent to do so) available to other companies, organizations, or individuals who partner with Kitchology for the syndication, broadcast, distribution or publication of such Anonymized Data (or Your Data, but only if you provide your consent to do so) on other media and services. Such additional uses by Kitchology, or other companies, organizations, or individuals who partner with Kitchology, may be made with no compensation paid to you with respect to Anonymized Data (or Your Data, but only if you provide your consent to do so).

  • We may modify or adapt Anonymized Data (or Your Data, but only if you provide your consent to do so) in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Anonymized Data (or Your Data, but only if you provide your consent to do so) as are necessary to conform and adapt that Anonymized Data (or Your Data, but only if you provide your consent to do so) to any requirements or limitations of any networks, devices, services or media.

  • You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to Your Data.

 

Your Rights to Data Produced by Kitchology.

  • When you use the Site and Services, you may receive data from Kitchology in connection with recipes or food items you input on the Site and Services, including but not limited to nutritional information, caloric information, etc., that pertains to those recipes or food items ("Kitchology Data").

  • Kitchology grants you a limited license to access and make personal use and/or use the Kitchology Data to display alongside recipes or menu items for which the Kitchology data was generated.

  • Kitchology owns the Kitchology Data, and you understand that your use of any of the Kitchology Data is subject to the limited license provided by Kitchology above for you to use the Kitchology Data. You further understand that any terms such as "assign, transfer, sell, buy, purchase" or any similar terms do not create any actual transfers to you of any ownership, right, or title in any fashion of the Kitchology Data.

  • You understand that you may not resell, transfer, exchange, or license the Kitchology Data to any third parties.

WHAT LAWS AND RULES YOU ARE RESPONSIBLE FOR FOLLOWING

 

You promise to comply with this Agreement and any laws or regulations applicable to you.

  • You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.

  • You are responsible for all your activity in connection with the Site and the Services.

  • You shall abide by all applicable local, state, national and international laws, and regulations and if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.

 

You agree to comply with Kitchology's conduct policies when using the Site or Services

  • We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  • You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by Kitchology.

  • You will not take any action that imposes or may impose (as determined by Kitchology in its sole discretion) an unreasonable or disproportionately large load on Kitchology's (or its third-party providers') infrastructure.

  • You will not decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction.

  • You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services.

  • You will not bypass any measures Kitchology may use to prevent or restrict access to the Site and Services (or other accounts, computer systems, or networks connected to the Site and Services);

  • You will not run any form of an autoresponder or "spam" on the Site and Services.

  • You will not use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

  • You will not harvest or scrape any content or materials from the Site and Services.

  • You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

  • You will not threaten, intimidate or harass another user.

  • You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else's name, birth date, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes.

  • You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.

  • You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original content created by you or your friends.

  • You will not otherwise take any action in violation of Kitchology's guidelines and policies.

 

WARNINGS

You use the Kitchology Site, APIs, and Services at your own risk.

  • Kitchology has no obligation to review any content or material, including computer software, posted to or through the Site and the Services and cannot, therefore, be responsible for such material or content.

  • By operating the Site and the Services, Kitchology does not represent or imply that it endorses any content or material posted there or that it believes such material to be accurate, useful, or non-harmful.

  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

  • The Site or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.

  • The Site or the Services may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated.

  • Kitchology disclaims any responsibility for any harm resulting from the use by visitors of the Site or the Services or from viewing or downloading by those visitors of content posted on the Site or the Services.

 

You are responsible for your own conduct.

  • You are solely responsible for your interactions with other users.

  • Kitchology shall not be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or members of the Site or Services, or persons you meet through the Site or Services.

 

Kitchology is not responsible for what happens outside of the Site and Services, including on websites the Site or Services link to or advertise.

  • Kitchology or its business partners may present advertisements or promotional materials via the Services.

  • Your dealings with or participation in promotions of any third-party advertisers via the Services are solely between you and such third party, and your participation is subject to the terms and conditions associated with that advertisement or promotion.

  • You agree that Kitchology is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.

  • You understand the Site and the Services may contain (or you may receive from Kitchology, third parties or users) links to other websites ("Third Party Sites") or content posted, owned, or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content ("Third Party Content").

  • You understand and agree that Kitchology is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that Kitchology is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites and Third Party Content.

  • You acknowledge and agree that Kitchology 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 upon, any such content, goods, or services available on or through any such Third Party Site or Third Party Content.

 

Nothing on Kitchology's Site or Services should be taken as medical information or advice.

  • You understand the Site and the Services do not provide for the transmittal or exchange of medical information or advice.

  • You understand and affirm that you will not use the Site and the Services for information or advice on such topics.

  • THE INFORMATION PROVIDED THROUGH THE SITE AND THE SERVICES IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL, DIETARY, FOOD ALLERGY, OR OTHER CONDITION. IT IS STRONGLY RECOMMENDED TO ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK SUCH HEALTH PROVIDER OR PHYSICIAN ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR FOOD ALLERGY. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, KITCHOLOGY AND ITS THIRD-PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA THE SITE AND THE SERVICES.

 

Information and press releases may not be updated

The Site and the Services contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.

 

LEGAL CONDITIONS

Kitchology's liability is limited

  • Kitchology is not responsible for any Third Party Sites, Third Party Content, or any other content posted on the Site and the Services, whether caused by users of the Site and the Services, Kitchology, third parties, or by any of the equipment or programming associated with or utilized in the Site and the Services.

  • Kitchology is not responsible for the conduct, whether online or offline, of any user of the Site or the Services.

  • Kitchology assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications.

  • Kitchology is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, online computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person's computer, and/or mobile device.

  • Neither Kitchology nor any of its affiliates, advertisers, promoters, or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services, whether online or offline.

 

WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. IN NO EVENT WILL KITCHOLOGY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

KITCHOLOGY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. "

 

You agree to indemnify Kitchology.

You agree to indemnify, defend, and hold harmless Kitchology, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees, and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys' fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any user Content, Third Party Content, Third-Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.

 

You agree that Maryland law applies to this Agreement.

Subject to the arbitration clauses included below, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Maryland, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Maryland, in Montgomery County, for the resolution of any such dispute.

 

Your general representation and warranty.

  • You represent and warrant that:

  • You will use the Site and Services in accordance with the Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)

  • You will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.

 

No relationship with Apple Inc. or Google, Inc.

  • You understand that Kitchology is not affiliated with Apple, Inc. or Google, Inc.

  • You understand that by using or accessing the Services through devices made by Apple, Inc. ("Apple"), or through any devices using the Android operating system by Google ("Google" ):

  • This Agreement is between Kitchology and you only, and that neither Apple nor Google are parties to this Agreement.

  • Google and Apple and their subsidiaries are third-party beneficiaries of this Agreement and may have the right to enforce this Agreement against you.

  • Nothing contained herein shall impose upon Google or Apple any obligation to furnish any maintenance services or support services in connection with the Services or in any other way whatsoever in connection with the functionality (or lack thereof) or content of the Services.

  • Apple nor Google shall assume any responsibility nor liability for addressing any claims by you or a third party relating to the Services or your use of the Services.

 

Other Terms.

  • You and Kitchology agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

  • You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (" JAMS") by arbitrators appointed in accordance with such rules.

  • You agree any arbitration shall take place in Rockville, Maryland, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

  • If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect.

  • A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

  • Kitchology may assign its rights under this Agreement without condition.

  • This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.

 

REFUND AND CANCELLATION POLICY

Kitchology Inc ("Kitchology") allows you to access certain features or content in exchange for a one-time or recurring fee, as applicable (the "Kitchology Services"), and this is Kitchology's Refund and Cancellation Policy in connection with those Kitchology Services, which are subject to the Kitchology Inc's Kitchology.com and API Terms of Use ("Kitchology Terms of Service"). By using the Kitchology Services, you agree to (A) the Kitchology Terms of Service and Privacy Policy; and (B) this Refund and Cancellation Policy and all other terms and conditions that generally apply to the Kitchology Services (all of these together are the "Terms"). Please read the Terms carefully. If you don't understand them or don't accept any part of them, then you're not allowed to use the Kitchology Services.

Fees. Subscription fees for the Kitchology Services are recurring payments and per use (except where otherwise stated). The term may be annual or monthly, or another time period, as described by Kitchology. Your subscription begins upon payment of the first installment of subscription fees. The subscription renews annually or monthly or another time period as applicable upon the payment of automatically recurring subscription fees. 

Payment. Kitchology accepts payment via the current payment method indicated at the time of purchase, which may include credit card, PayPal, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Kitchology, Apple, Stripe, Google, PayPal, or another third party, that governs your use of a given payment processing method. Prices for Kitchology Services may change at any time, and Kitchology does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Kitchology Services that you order (except during a free trial period). Kitchology will charge your credit card or another form of payment for the price listed on the relevant Kitchology Services offer, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that Kitchology will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, we will send you a notification about the expired or faulty credit card so that you may provide a new method of payment, and if such new payment is not tendered Kitchology reserves the right to immediately revoke your access to any Kitchology Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Kitchology may cancel your subscription.

Taxes. If Kitchology is required to collect or pay any taxes in connection with your purchase of or subscription to Kitchology Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Kitchology Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.

Cancellations and Refunds. You can cancel your Kitchology Services at any time. If you purchase a subscription to Kitchology Services that automatically renew, you may cancel the subscription any time before the end of the current billing period, and the cancellation will take effect on the next billing period, except as otherwise communicated to you by Kitchology. You will retain access to the Kitchology Services from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and non-refundable unless otherwise determined by the Kitchology. If Kitchology reasonably determines that a user has violated its Terms of Services, Kitchology MAY immediately terminate the subscription and the user's access to Kitchology Services without notice and without refund. Refund requests should be directed to info@Kitchology.com.

Free Trials. Kitchology MAY offer free trials to new Kitchology Service subscribers. If you initiate a subscription to Kitchology Services through a free trial offer, you will receive free access to such Kitchology Services for the duration of the free trial period. At the end of the applicable free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.

Notices and Reminders. Kitchology may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, including by email, SMS, MMS, text message, or postings via the Kitchology Services. These notices may include the following in order to enhance your experience and foster transparency with the Kitchology Services that require a subscription:

  • That you have agreed to a subscription unless you cancel.

  • The start date of the subscription.

  • Details of the Kitchology Services subscribed to.

  • Ongoing fees and fee amounts and billing frequency/date.

  • Instructions and or cancellation links to allow you to cancel the Kitchology Services.

  • Kitchology will also send a reminder notification with a link to the Refund and Cancellation Policy at least seven (7) days before initiating a recurring payment if:

  • A trial period, introductory offer, or promotional period is about to expire.

  • The recurring payment arrangement has changed (including fees or billing period).

Kitchology also will provide receipts for any Kitchology Services subscription that contain the following information:

  • Length of any trial period, introductory offer, or promotional period, including a notice that you will be charged unless you submit a cancellation request. 

  • Information about fees for any subscriptions or other fees in connection with the Kitchology Services including for future recurring transactions.

  • Instructions and or cancellation links to allow you to cancel the Kitchology Services