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Terms

Updated: September 26, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the Site. THESE TERMS AND CONDITIONS SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.

Scope:  The web site located at www.dinnerelf.com (“Site”) is owned and operated by Dinner Elf, Inc. (“Dinner Elf”). The “Platform” means the communications platform that Dinner Elf makes available through the Site which enables the individuals and/or businesses (“Customers” or “you”) to select menus and cooks or chefs (“Elves” or “you”) to shop for ingredients and prepare the meals in Customer’s home or other designated site (“Service”).  The Site, the Platform, and all contents thereof may only be accessed by Customers and Elves for proper use in accordance with this Terms and Conditions.

 License Grant:

  1. Dinner Elf grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Platform solely for the purposes set forth in these Terms and Conditions.
  2. You will not, and will not permit any third party to: (1) access or use the Platform or the Site, in whole or in part, except as expressly provided in these Terms and Conditions; (2) use the Site or Platform to harvest or collect e-mail addresses or other contact information of third parties by any means for the purposes of sending unsolicited e-mails or other unsolicited communications; (3) use the Site or Platform in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or Platform; (4) use automated scripts to collect information from or otherwise interact with the Site or Platform; (5) use the Site or Platform to intimidate or harass any other people or entities; (6) alter, modify, reproduce, create derivative works of the Platform; (7) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use the Platform, including, without limitation, to provide outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make the Platform, or access thereto, available to any third party; (8) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in the Site or Platform; (9) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site or Platform; or (10) interfere in any manner with the operation or hosting of the Site or Platform, or attempt to gain unauthorized access to the Site or Platform. You will not allow any access to or use of the Platform by anyone other than your authorized users, and any such use will be consistent with the terms, conditions and restrictions set forth in these Terms and Conditions.
  3. Except as otherwise provided herein, no material from Dinner Elf, the Site, or the Platform may be used for any commercial or resale purposes.

Proprietary Rights: The materials on the Site or the Platform including, but not limited to, recipes, formulas, devices or compilations of information, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Dinner Elf’s copyright and other proprietary rights.  For purposes of these Terms and Conditions, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Dinner Elf or other respective owners that have granted Dinner Elf the right and license to use such Marks.

No Harmful Code: You shall not transmit to Dinner Elf or upload to this Site or the Platform, any Harmful Code or use or misappropriate the data on this Site or the Platform for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

 Customer Content:

  1. Customers may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party.  Customer agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use.  Dinner Elf has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by Customers.
  2. If Customer posts content or submits material, Customer grants Dinner Elf and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof.  Furthermore, Customer grants Dinner Elf, its affiliates, and sublicensees the right to use Customer’s name and/or username in connection with the content.  Customer represents and warrants that all content and materials provided shall be Customer’s original work product and will not be based on, or derived from, the proprietary information or items of a third party.  Customer agrees to defend and indemnify Dinner Elf and its affiliates from any claims resulting from any content or materials provided hereunder.

Your Account: You must provide accurate and complete registration information any time you register to use the Site or Platform. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Dinner Elf immediately. You may not use your password for any unauthorized purpose.

Payment/Refunds: Any fees will be charged to Customer 12 hours prior to scheduled appointment time and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Platform or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.   Please note the pricing information published on the website may not reflect the prevailing pricing.

Termination. You may discontinue your use of the Site or Platform at any time.  Dinner Elf may terminate your access to the Site or Platform for any reason, in Dinner Elf’s sole discretion. If Dinner Elf suspends or terminates your use of the Service with cause, Dinner Elf will make a reasonable effort to give you access to, and the ability to export, your User Content and Application(s) for a reasonable amount of time. If you voluntarily discontinue your use of the Service, you are solely responsible for exporting your User Content and Application(s) prior to discontinuation.

Linking: The Site or Platform may contain links to other sites on the Internet that are owned and operated by other third parties (the “External Sites”). You acknowledge that Dinner Elf is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster of those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Additional Terms and Conditions: The Site or Platform may contain areas in which additional terms and conditions apply.  For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Dinner Elf may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

U.S. Government Users Restricted Rights: Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Dinner Elf’s proprietary rights in them. Dinner Elf’s Site and Platform may contain other proprietary notices and copyright information that should be observed.

Gift card program:

Except as otherwise provided by law, these Terms and Conditions apply to all Gift Codes purchased online. Your use or purchase of a Dinner Elf Gift Code or contribution to a Meal Coordination Page from this site indicates your acceptance of these Terms and Conditions:
1. Except as otherwise stated below, Gift Codes can be used at DinnerElf.com.
2. Maintenance, dormancy or service fees do not apply to balances on Gift Codes. Gift Codes purchased on-line have no expiration dates.
3. Hold your Gift Codes securely. Gift Codes that are lost or stolen cannot be replaced and Dinner Elf shall not be responsible for lost or stolen codes.
4. Gift Codes are not redeemable for cash or credit, except to the extent required by law. Gift Code sales are final and non-refundable.
5. From time to time, you may be awarded with or receive “rewards,” “promotional gift cards”, “promo codes”, “credits”, “vouchers”, or similar physical or electronic gift cards for no additional payment (collectively, “Promotional Gift”). Promotional Gifts may have expiration dates, delayed activation dates or may be subject to additional restrictions or exemptions as provided on the Promotional Gifts themselves or any packaging or other written materials that accompany such Promotional Gifts or any applicable law.
6. In order to book an appointment at DinnerElf.com, all customers must validate a payment method to be charged for appointment purchase amounts.
7. Dinner Elf reserves the right to change the terms of the Gift Code program at any time or to contract with another party to administer this program.
8. Dinner Elf is incorporated in Texas and the purchase and sale of Gift Codes issued by Dinner Elf shall be deemed to be in Texas and shall be subject to the laws and regulations of Texas.

Disclaimers:

  1. DINNER ELF DOES NOT PROVIDE SHOPPING, COOKING, OR CLEAN UP SERVICES.  IT IS UP TO THE ELF TO OFFER SHOPPING, COOKING OR CLEAN UP SERVICES WHICH MAY ONLY BE SCHEDULED THROUGH USE OF THE PLATFORM.  DINNER ELF HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COOKING, CATERING, OR APPLICABLE SHOPPING SERVICES PROVIDED TO CUSTOMER BY SUCH ELVES.
  2. While Dinner Elf uses reasonable efforts to include accurate and up-to-date information on the Site and Platform, Dinner Elf makes no warranties or representations as to its accuracy.  Dinner Elf assumes no liability or responsibility for any errors or representations in the content of Site or Platform.
  3. THE MATERIALS ON THE SITE AND PLATFORM ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  DINNER ELF SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE OR PLATFORM. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, DINNER ELF DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
  4. While Dinner Elf performs background checks of Elves via third party background check services, Dinner Elf does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of any Elf. Likewise, Dinner Elf does not guarantee or warrant, and makes no representations regarding, Customers who retain the Services.  When interacting with a Customer or Elf, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the Service, you agree to hold Dinner Elf free from responsibility for any liability or damage that might arise out of the Services. NEITHER DINNER ELF NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF A CUSTOMER OR ELF. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANYONE’S USE OF THE SERVICE.

Limitation of Liability:  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DINNER ELF OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

Indemnification: YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE DINNER ELF, ITS OWNERS, SUCCESSORS, ASSIGNS, OFFICERS, AND AFFILIATES (COLLECTIVELY “DINNER ELF”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST DINNER ELF THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF (A) INJURY, ILLNESS, OR DEATH AS A RESULT OF YOUR USE OF THE SERVICES, OR (B) ANY BODILY INJURY OR PROPERTY DAMAGE AS A RESULT OF A CUSTOMER’S OR ELF’S NEGLIGENCE OR MISCONDUCT.

Arbitration: All disputes, controversies and claims from or relating to these Terms and Conditions, including any subsequent updates, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules.  The place of arbitration shall be Austin, Texas and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction.  The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator.  You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration.  The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site or Platform.