Effective Date: June 11, 2018
Last Updated Date: June 12, 2018
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY TASTER IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Taster will make a new copy of the Agreement available on the Website and the Application. If you do not agree to any change(s), you must stop using the Services. Otherwise, your continued use constitutes your acceptance of such change(s).
The Application, the Software, the Website, the Services, and the information and content available on the Website and in the Application and the Services (as this Agreement are defined herein) (collectively, the “Taster Properties”) are protected by copyright laws throughout the world. Subject to this Agreement, Taster grants you a limited license to reproduce portions of the Taster Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Taster in a separate license, your right to use any the Taster Properties is subject to this Agreement.
Subject to your compliance with this Agreement, Taster grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (1) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (2) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
You understand that the Taster Properties are evolving. As a result, Taster may require you to accept updates to the Taster Properties that you have installed on your computer or mobile device. You acknowledge and agree that Taster may update the Taster Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Taster Properties.
The rights granted to you in this Agreement are subject to the following restrictions:
As a part of the Taster Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Taster to monitor such materials and that you access these materials at your own risk.
In order to access certain features of the Taster Properties you may be required to become a Registered User. For purposes of this Agreement, a “Registered User” is a user who has registered an account on the Application (“Account”) or has an account with the provider of the Application for the user’s mobile device. To create an Account, you will be asked to submit certain information, which may include your name, a username, email address, and password.
In registering for the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration fields (the “Registration Data”); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least thirteen (13) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using the Taster Properties under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Taster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Taster has the right to suspend or terminate your Account and reuse any and all current or future use of Taster Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. Taster reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, in the event of any claim by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Taster Properties if you have been previously removed by Taster, or if you have been previously banned from any of the Taster Properties.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Taster.
You will be solely responsible for all access to and use of the Services by anyone (including minors) using your password and identification whether or not such access to and use of the Taster Products is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the Services’ security.
You must provide all equipment and software necessary to connect to the Taster Properties, including, but not limited to, a mobile device that is suitable to connect with and use the Taster Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Taster Properties.
You acknowledge that all content, including the Taster Properties (the “Content”), is the sole responsibility of the party from whom such Content originated. This means that you, and not Taster, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Taster Properties (“Your Content”), and that you and other users of the Taster Properties (“Users”), and not Taster, are similarly responsible for all Content they Make Available through the Taster Properties (“User Content”).
Taster may provide you with interactive opportunities on the Services, including but not limited to features such as user photos and user comments. You acknowledge that Taster has no obligation to pre-screen Content (including, but not limited to, User Content), although Taster reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Taster pre-screens, refuses or removes any Content, you acknowledge that Taster will do so for Taster’s benefit, not yours. Without limiting the foregoing, Taster shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
Unless expressly agreed to by Taster in writing elsewhere, Taster has no obligation to store any of Your Content that you Make Available on the Taster Properties. Taster has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Taster Properties.
Except with respect to Your Content and User Content, you agree that Taster and its suppliers own all rights, title and interest in the Taster Properties (including, but not limited to, any visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, and all other elements of the Services). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the Taster Properties.
Taster and other related graphics, logos, service marks and trade names used on or in connection with the Taster Properties or in connection with the Services are the trademarks of Taster and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Taster Properties are the property of their respective owners.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Taster Properties.
Taster does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Taster Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. Subject to any applicable account settings that you select, you grant Taster a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Taster Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Taster Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Taster, are responsible for all of Your Content that you Make Available on or in the Taster Properties.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Taster through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Taster has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Taster a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Taster Properties.
You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Taster reserves the right, but has no obligation, to intercede in such disputes. You agree that Taster will not be responsible for any liability incurred as the result of such interactions.
The Taster Properties may contain User Content provided by other Users. Taster is not responsible for and does not control User Content. Taster has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
The Taster Properties may contain links to third-party websites, third-party applications, and advertisements for third parties (“Third-Party Services”). When you click on links to Third-Party Services, we will not warn you that you have left the Taster Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Taster. Taster is not responsible for any Third-Party Services. Taster provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or their products or services. You use all links in Third-Party Services at your own risk. When you leave our Website, our Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple Application Store or Google Play (“App Store”). You acknowledge that this Agreement is between you and Taster and not with the App Store. Taster, not the App Store, is solely responsible for the Taster Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Taster Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Taster Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them.
Your correspondence, business dealings, or other interactions with restaurants or other third-parties found on our Website, Application or through our Services (“Third Party Transactions”), including payment and delivery of related goods or services, transportation services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such restaurant or other third party. When engaging in a Third-Party Transaction, the terms and conditions and policies of the applicable third party, not of Taster, will govern your Third-Party Transaction. You agree that Taster shall not be 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 marketing partners or other third parties on our Website, Application or located through the use of our Services.
You agree to indemnify and hold Taster, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Taster Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the Taster Properties; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Taster reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Taster in asserting any available defenses. This provision does not require you to indemnify any of the Taster Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Taster Properties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE TASTER PROPERTIES IS AT YOUR SOLE RISK, AND THE TASTER PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TASTER PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES.
TASTER PARTIES MAKE NO GUARANTEE, WARRANTY, REPRESENTATION OR CONDITION THAT: (1) YOU OR ANY OTHER USER OF THE SERVICES WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SERVICES, OR ANY PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE SERVICES OR WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE TASTER PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TASTER PROPERTIES, INCLUDING ANY PRODUCT MADE AVAILABLE THROUGH THE SERVICES, WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE TASTER PROPERTIES WILL BE CORRECTED.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE TASTER PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE TASTER PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
ANY SERVICES OFFERED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, INCLUDING EVENTS OR ANY THIRD PARTY TRANSACTIONS, ARE ACCESSED OR USED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH YOUR PARTICIPATION OR INVOLVEMENT IN SUCH SERVICES.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. TASTER MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
FROM TIME TO TIME, TASTER MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT TASTER’S SOLE DISCRETION.
THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TASTER PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) OUR SERVICES OR THIS AGREEMENT OR THE INABILITY TO USE OUR SERVICES (HOWEVER ARISING, INCLUDING NEGLIGENCE), (B) THIRD PARTY TRANSACTIONS, OR (C) YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SERVICES OFFERED THROUGH OUR SERVICES.
UNDER NO CIRCUMSTANCES WILL TASTER PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (1) THE TOTAL AMOUNT PAID TO TASTER BY YOU DURING THE ONE MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (2) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TASTER PARTY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY A TASTER PARTY’S NEGLIGENCE; OR FOR (2) ANY INJURY CAUSED BY A TASTER PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TASTER AND YOU.
If Taster becomes aware of any possible violations by you of this Agreement, Taster reserves the right to investigate such violations. If, as a result of the investigation, Taster believes that criminal activity has occurred, Taster reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Taster is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Taster Properties, including Your Content, in Taster’s possession in connection with your use of the Taster Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce this Agreement, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Taster, its Users or the public, and all enforcement or other government officials, as Taster in its sole discretion believes to be necessary or appropriate.
This Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Taster Properties, unless terminated earlier in accordance with this Agreement.
Notwithstanding the foregoing, if you used the Taster Properties prior to the date you accepted this Agreement, you hereby acknowledge and agree that this Agreement commenced on the date you first used the Taster Properties (whichever is earlier) and will remain in full force and effect while you use the Taster Properties, unless earlier terminated in accordance with this Agreement.
Taster has the right to, immediately and without notice, suspend or terminate your Account and/or any Services provided to you. You agree that any suspension or termination shall be made in Taster’s sole discretion and that Taster shall not be liable to you or any third party for any suspension or termination of your Account and/or any Services.
If you want to terminate the Services provided by Taster, you may do so by (1) notifying Taster at any time and (2) closing your Account for all of the Services that you use. Your notice should be sent to Taster at [email protected]
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Taster will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
It is Taster’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Taster by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Taster Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Taster Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact Taster’s Copyright Agent for notice of claims of copyright infringement is at [email protected]:
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It is part of your agreement with Taster and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Taster, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Taster may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH TASTER, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST TASTER ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE TASTER IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Taster should be sent to: P.O. Box 806, Glen Cove, NY 11542. After the Notice is received, you and Taster may attempt to resolve the claim or dispute informally. If you and Taster do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Taster will pay them for you. In addition, Taster will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Taster will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Taster. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
YOU AND TASTER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Taster are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 13.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in the Federal or state courts of Delaware.
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address at Taster Technologies, P.O. Box 806, Glen Cove, NY or email address at [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Taster username (if any), the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
This Arbitration Agreement will survive the termination of your relationship with Taster.
Notwithstanding any provision in this Agreement to the contrary, we agree that if Taster makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Taster.
The communications between you and Taster use electronic means, whether you visit the Taster Properties or send Taster e-mails, or whether Taster posts notices on the Taster Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Taster in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Taster provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby release, hold harmless and forever discharge Taster Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Taster Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of this Agreement or your use of the Taster Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Taster Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.”
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Taster’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Taster shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions, complaints or claims with respect to the Taster Properties, please contact us at: [email protected] We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Taster agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Delaware, and you will not object to such forum as inconvenient.
THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THESE TERMS.
Where Taster requires that you provide an e-mail address, you are responsible for providing Taster with your most current e-mail address. In the event that the last e-mail address you provided to Taster is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, Taster’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Taster at the following address: Taster Technologies, Inc., P.O. Box 806, Glen Cove, NY 11542. Such notice shall be deemed given when received by Taster by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You may not use, export, import, or transfer the Taster Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Taster Properties, and any other applicable laws. In particular, but without limitation, the Taster Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Taster Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Taster Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Taster are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Taster products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.