If You Like to Eat, Let’s Grub!

Welcome to this website and the other websites located at the www.GrubKitchen.com domain (the “Sites”). The Sites are owned and operated by Grub Kitchen (“Company”, “we” or “us”). The Sites provide you with various opportunities to learn about food and cooking. (the “Services”).

1. YOUR ACCEPTANCE

1.1. Acceptance. 
BY ACCESSING OR OTHERWISE USING THE SITES AND THE SERVICES YOU ACCEPT, WITHOUT MODIFICATION, THESE TERMS OF USE (“TERMS OF USE” OR “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN PLEASE EXIT IMMEDIATELY FROM THE SITES AND DO NOT RETURN.

1.2. Privacy and Acceptable Use Policies. 
These Terms incorporate by reference Company’s Privacy & Security Policy located at www.GrubKitchen.com. Please read the terms of these documents carefully as you agree to them when you agree to the Terms. 
 
1.3. Other Agreements. 
Additionally, these Terms incorporate by reference all other Company policies, rules, guidelines, terms and conditions (“Agreements”) on the Sites. Read carefully all Agreements before engaging in any corresponding services. You agree to comply with all such Agreements when you agree to comply with the Terms.

1.4  Changes to these Terms. 
WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD, OR DELETE PORTIONS OF THESE TERMS OF USE AT ANY TIME WITHOUT FURTHER NOTICE. YOUR CONTINUED USE OF THE SERVICE OR THE SITES AFTER ANY SUCH CHANGES MEANS YOU AGREE TO THE NEW TERMS. If we have any material changes to the Terms, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. If you do not agree to abide by any future Terms of Use, do not continue to access or otherwise use the Service or the Sites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to ensure your compliance therewith.

2. CONTENT

All of the content on the Sites including, without limitation text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content (“Content”), is owned by Company, its licensors, vendors, agents or content providers. All elements of the Sites including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be expressly set forth on the Sites, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth on the Sites, you may only view, play, print, and download Content on the Sites for your own personal, informational, and noncommercial purposes only. The Sites and the Content will remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will remove no copyright, trademark, or other proprietary notices from material found on the Site.

3. WIDGETS

We may make available to you Company Widgets via the Site. Our Widgets are a self-contained application through which you can display select content, products and services. Subject to these Terms, you may display Widgets on your website provided that you do not: a) modify the Widgets; b) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Widgets. You understand and agree that the Widgets, a part of the Sites and Services, are made available to you “as-is” without warranty of any kind.

7. LIMITATIONS TO THESE TERMS

The Sites and Services may contain links to third-party websites that are not owned or controlled by Company. All such links are provided solely as a convenience to you. Company has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. Company does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the Sites and Services, you expressly relieve Company from any and all liability arising from your use of any third-party website.

8. ADVERTISEMENTS

Company has the exclusive right to market, offer, sell and place advertisements and/or other promotional content or materials (“Advertisements”) on the Sites for its sole benefit. You will not and will not allow any third party, directly or indirectly, to market, offer, sell and place Advertisements on the Sites.

9. TERMINATION

Deactivation. 
You may deactivate your Company account at any time, for any reason, by following the instructions on the Sites.

Termination. 
Company may suspend or terminate your account or your use of the Sites or any Network at any time, without notice, for any reason or for no reason. It may also block your access to the Sites in the event that: (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Users or us. Company also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.

Effects of Termination. 
Upon any such termination, your rights to access and use the Sites and Services shall automatically terminate. Company has no obligation to delete, remove, or retain your activity but all activity may be recorded and saved by Company in its archives.

12. DISCLAIMERS

YOU AGREE THAT YOUR USE OF THE SITES AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW: THE SITES AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITES AND SERVICES AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SITES OR SERVICES; (III) ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES REFERENCED ON OR THROUGH THE SITES OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES OR SERVICES. COMPANY DOES NOT GUARANTEE ANY NUMBER OF PRODUCT SALES OR TRANSACTIONS THROUGH THE SITES AND/OR SERVICES, AND YOU ACKNOWLEDGES AND AGREES THAT YOU HAVE NO EXPECTATION OF OBTAINING ANY ANTICIPATED AMOUNT OF CUSTOMERS, SALES OR OTHER RESULTS BY VIRTUE OF THESE TERMS OF USE, OR YOUR USE OF THE SITES AND SERVICES.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL COMPANY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT AND/OR PRODUCTS, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, SERVICES, CONTENT AND/OR PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE GREATER OF (A) $100 OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 
YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR PRODUCTS, SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITES AND SERVICES.

14. INDEMNITY

You will indemnify, defend at Company’s request, and hold harmless Company, its affiliates and their officers, directors, employees and agents (the “Indemnified Parties”) from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney's fees, litigation expenses and settlement amounts) arising from or related to any of the following, provided that the foregoing obligation to defend will apply only to claims or actions brought by a third party against an Indemnified Party: (i) your use of, or inability to use, the Sites and Services, Content or products, (ii) your violation of any these Terms of Use; (iii) your violation of any law, rule or regulation, whether local, state, federal or international; (iv) any other party’s access and use of the Sites with your unique username, password or other appropriate security code; or (v) any negligence or willful misconduct by you. You will not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.

15. ABILITY TO ACCEPT TERMS OF USE

You affirm, represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Sites is not intended for children under 13. If you are under 13 years of age, then please do not use the Sites or Services.

16. GENERAL

These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Company may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement shall constitute a partnership or joint venture between you and Company. Company does not guarantee continuous, uninterrupted or secure access to the Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. Additionally any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

17. WHO DO I TALK TO IF I HAVE QUESTIONS?

If you have concerns about this Terms of Use or our Terms of use practices in general, contact us at:

Grub@GrubKitchen.com  

This GrubKitchen.com Privacy and Security Policy (“Privacy Policy”) below are applicable to this website and others located at www.GrubKitchen.com domain (“Sites”) produced and maintained by Grub Kitchen (collectively “Company” or “we”, “us”, or “our”). We have established this Privacy Policy to let you know the kinds of personal information we may gather during your visit to the Website, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information.

Please be advised that the practices described in this Privacy Policy apply only to information gathered through the Sites and, where applicable, through the Company’s Customer Service Department in connection with the Sites. This Privacy Policy does not necessarily reflect our practices with respect to information gathered through other websites that we operate or through other off-line means.

BY VISITING THE SITES, YOU ARE ACCEPTING, WITHOUT MODIFICATION, THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY PORTION OF THIS PRIVACY POLICY, THEN EXIT THE SITES IMMEDIATELY AND DO NOT RETURN. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD, OR DELETE THE TERMS OF OUR PRIVACY POLICY FROM TIME TO TIME WITHOUT FURTHER NOTICE. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY MEAN YOU AGREE TO THE NEW TERMS. If we make material changes to this Privacy Policy, we will post the changes to this Privacy Policy on this page and will indicate at the top of this page the date these terms were last revised. If we intend to apply the modifications or amendments to this Privacy Policy retroactively, we will provide you with notice of the modifications or amendments.

1. GENERALLY, WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED?

Information You Give Us: Information collected from you will vary, depending on how you use the Sites and what information you may choose to provide to us (whether through email or otherwise). It's possible to browse most sections of the Sites without submitting any personally identifiable information. Personally identifiable information (“Personal Information”) means individually identifiable information about you that we collect online, including but not limited to, your full name, a user name and password, email address, phone number, physical address, or, for certain products or services, your social security number, or financial information, and for certain e-commerce transactions your credit card information. If you choose to take advantage of some of our products and/or services, or to access certain of our tools or Site functionality, you may be asked to provide Personal Information. Whenever we ask for Personal Information, we strive to provide a link to this Privacy Policy to help you understand how your Personal Information will be used before you decide whether to disclose it. You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Sites and we may not be able to provide you with certain requested information, products and/or services.

Automatic Collection of Information: Like many Web sites on the Internet, we automatically track certain information about you as you visit and use our Sites to help us to better understand how the Sites are used and how we can enhance your overall experience on each Site. This information may include your computer’s Internet Protocol address, the URLs and Site pages you’ve visited, the number of times you visit each Site page, what downloads and/or search queries you have made, how long you spent on particular sections of each Site and on each Site generally, and your browser type. This automatically gathered data includes information provided through the use of "cookies" (which is described in more detail below).

Information from Cookies: Cookies are small files that we send to and store on your computer so that we can recognize it as a unique machine the next time you visit the Sites. You are always free to decline any cookies we use if your browser permits. Some of our advertisers and third-party service providers may also utilize their own cookies. Several of them may be part of the Network Advertising Initiative's ("NAI") Self Regulatory Principles Governing Online Preference Marketing. To opt out of the NAI's Online Preference Marketing, click here. In addition, we and our service providers sometimes use "clear GIFs" in connection with cookies and other website functions. Clear GIFs perform administrative functions without detracting from your online experience. They may be used to perform statistical and administrative tasks including measuring site and page traffic, verifying advertising avenues and positioning images on the web. Clear GIFs do not collect Personal Information..

2. HOW DO WE USE YOUR INFORMATION?

The use of your information depends on the context in which it is collected. Therefore, pay special attention to the categories below that relate to the features of the Sites that you wish to utilize.

Personal Information 
We may share the Personal Information we collect from you only with your consent or under the following circumstances: 
User-Requested Services and Information: Certain products or services on our Sites may seek Personal Information from you, which may be used in the following ways:

i. For products and services provided by the Sites, the information you submit is used by us to provide the information, product or service you've requested. We may also share this information with others, but only to the extent necessary to fulfill your request or to facilitate your use of their services. In addition, we may use any registration information that you submit as set forth in the “Registration Information” section below.

ii. We may use other companies and individuals to perform supporting functions for the various tools, functionality, products and services offered through our Sites on our behalf. These service providers will not be permitted to use the information collected from you for any other purpose other than performing the support functions for Company.

iii. For products and services offered to you jointly by us and a third party, your Personal Information may be shared with or independently gathered by the third party. In these situations, Company will only use your Personal Information as outlined in this Privacy Policy, but the third party may use the information in different ways. You can tell when a product or service is offered by a third party, because a page of the Sites will be "co-branded" and will display the third party's logo and/or name along with our own, or you will be linked to the third party's site to complete the transaction. Please be aware that each company we do business with has its own policies regarding the use and protection of your information that may differ from those outlined in this Privacy Policy.

Protection of rights: We will release Personal Information if we believe that such action is appropriate to: (1) comply with legal process, (2) enforce the Terms of Use Agreement for the applicable Site, or (3) identify, contact or bring legal action against persons or entities who are or we believe will cause injury to us or a third party, or (4) otherwise protect the rights, property or personal safety of Company, its employees, Site users or others.

Asset transfers: We continue to develop our business and in doing so might choose to buy or sell other businesses or assets. Personal Information is generally one of the transferred assets acquired or transferred in such transactions.

Registration Information: The Personal Information you provide when you become a registered user or customer of one of the Sites is used primarily to help us customize your online experience, increase the convenience of accessing new tools, products and services, and, if applicable, provide the products and/or services you purchase or request. This Personal Information may also be shared among the Sites to make your use of the Sites more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password is designed to prevent unauthorized access to any information you choose to store on the Sites. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, occupation or the like) may be used to help us offer content, advertisements, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate form, with our current and potential advertisers so that they can present advertisements more effectively. If you forget your password for any registered area of the Sites, we have an automated password recovery system, which can be accessed by clicking on the "Forgot Password?" link on the sign-in page.

Non-personal Information 
Automatically Gathered Information: Information that is automatically gathered, including through the use of cookies, may be shared among the Sites and in aggregate form with other third parties, including listing providers, and advertisers, so that we may better understand how the Sites are used and to enhance your overall experience on the Sites. When such data is aggregated, all Personal Information is eliminated.

3. REGULAR CORRESPONDENCE

After you register, we may use the email address and zip codes of all users who subscribe to any of our newsletters or other regular correspondence. Except to our third-party agents (as described below), this information is not shared with any third parties. Anyone who no longer wishes to receive this newsletter or other regular correspondence can, at any time, follow the “Unsubscribe”  instructions located within each newsletter.

4. KIDS AND PRIVACY

We do not sell or ship any items ordered through the Sites directly to anyone who we know to be under the age of 18, nor do we collect any personal information from anyone who we know to be under the age of 18. If you are under the age of 18, you should use the Sites only under the immediate supervision of a parent or guardian and should not submit any personal information to us. Our Website is not intentionally targeted to children under the age of 18. IF YOU ARE UNDER 18, THEN IMMEDIATELY EXIT THE SITES UNLESS YOU ARE DIRECTLY SUPERVISED BY A PARENT OR OTHER LEGAL GUARDIAN.

5. WHAT STEPS ARE TAKEN TO KEEP PERSONAL INFORMATION SECURE?

Personal Information collected by the Sites is stored in secure operating environments that are not available to the public. In many instances, such as in the case of credit-card numbers and all on-line purchases, the Personal Information is encrypted before you conduct your transaction. Only those employees who need access to your Personal Information to do their jobs are allowed access. Any employee who violates our privacy and/or security policies is subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

To protect the security of your information during transmission, we use Secure Sockets Layer (SSL) software, which encrypts information you input. Most browsers will give a visual indication of when your connection is secure. For example, Internet Explorer will show a padlock icon in the lower right of the browser window. If you place an order through the Sites, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to help protect your personal information further, you should be careful about providing your password to others. If you wish to cancel your password, or if you become aware of any loss, theft or unauthorized use of your password, please contact this Company’s Customer Service Department by email at Grub@GrubKitchen.com.

Of course, we appreciate your help in safeguarding the integrity of your own and others' privacy. We hope you'll use common sense whenever you disclose Personal Information over the Internet. Just as importantly, we encourage you to let us know immediately if you suspect that the information you share with us is being used in any way contrary to this Privacy Policy. Finally, unfortunately no data transmission over the Internet or the storage of information on servers can be guaranteed to be 100% secure and while we strive to protect your personal information, as described herein, we cannot guarantee or warrant its complete security. 

6. LINKING TO OTHER SITES

The Sites may contain links to other websites operated by Company, its affiliates, or third parties. The practices described in this Privacy Policy do not apply to information gathered through these other websites. These other sites may also send their own cookies to you, collect your data or solicit your personal information. We are not responsible for the actions and privacy policies of third parties and other websites. Be aware of when you leave the Sites and read the privacy policies of each and every website you visit.

7. GOVERNING LAW/ASSIGNMENT

The Sites are published in the United States and is intended for users from the United States. California law shall govern in any and all disputes, including privacy or defamation issues or otherwise.

We may change our ownership or corporate organization while providing the website and services. As a result, please be aware that we may transfer your information to another company that is affiliated with us or with which we have merged. Company may sell, transfer or otherwise share some or all of its assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this Privacy Policy.

8. OPT-OUT AND CORRECTION PROCEDURES

You may always opt-out of receiving future email messages and newsletters. We provide you with the opportunity to opt-out of receiving communications from us at the point where we request information about you. There are several ways in which you can tell us whether or not you want to receive promotional communications from Company. When you set up an account, or click on “Manage Your Account” within the Help Desk area, or place an order, you will have an opportunity to make your selections in this regard. You also will have an opportunity to change these selections by following the “unsubscribe” or “preference center” instructions contained in the promotional emails we send you. We also permit you to correct or update Personal Information that you have previously provided to us. To do so, you can access, correct and update certain personal information that you have provided to us by clicking on “Manage Your Account” within the Help Desk area of the Sites.

9. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits customers of Company who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to: Grub@GrubKitchen.com

10. EFFECTIVE DATE AND MODIFICATIONS

This Privacy Policy is effective as of the date first written above and may be updated and modified from time to time by us in our sole discretion. If we choose to update or modify this Privacy Policy, such updated or modified policy shall become effective five (5) business days after its posting on the applicable Site(s). Accordingly, we encourage you to periodically review this Privacy Policy and the Sites in order to keep apprised of our current privacy practices. If you do not agree to any provision of this Privacy Policy, or any update or modification thereto, please do not use the Sites.

11. WHO DO I TALK TO IF I HAVE QUESTIONS?

If you have concerns about this Privacy Policy or our privacy practices in general, contact us at: 
 
Grub@GrubKitchen.com