Gobble Terms of Service

1. TERMS

By using Gobble (“We", "Us”, "Our", "Company"), you ("User", "Site User") are agreeing to be bound by the following terms and conditions (“Terms of Service”).

We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.gobble.com/terms

Violation of any of the terms below will result in the termination of your Account. While We prohibit such conduct and Content on the Service, you understand and agree that We cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

2. LIMITED LIABILITY AND DISCLAIMERS

We are a facilitator of services – not a provider of services or prepared food. More specifically, We have created a marketplace for prepared food by bringing together customers and chefs from all geographic locations, backgrounds and ethnicities. We enable potential customers to search for suitable chefs and chefs' meal postings within defined geographic locations for the purpose of buying and selling prepared food services.

It is important for you to understand that We do not control or endorse any of Our site cooks. Nor do We determine which foods, ingredients or their level of food quality that should be made available for sale through the site. As such, the responsibility is wholly yours to take the necessary measures to protect your health and safety. We cannot assure the good intention of any site User.

Likewise, We are not in a position to identify the ingredients that may cause allergic reactions for those with food allergies. We merely are a facilitator, bringing together chefs and those wishing to purchase prepared food services. Site Users concerned with food allergies need to be aware of this risk and must understand that We in no way screen the ingredients, health factors, or quality of any prepared food offered through the site, www.gobble.com.

You understand and acknowledge that (i) We do not control or endorse any chef, or accept responsibility for any prepared food, its quality, or any physical harm such prepared food may cause; (ii) any dealings you may have with Site chefs or buyers are at your own risk; We will not be liable for any physical injury, or any other loss whatsoever, resulting from you dealings with other site Users, including as a result of face-to-face meetings with site chefs; (iii) We will not be liable or responsible for any prepared food or services offered by Site Users that is unhealthy or that is the cause of any injury. We cannot possibly monitor the quality, nutritional and health factors associated with food prepared by the site chefs; (iv) the sale and distribution of food, and especially prepared food, may be governed by various international, federal, state and local laws and regulations. It is YOUR responsibility to ensure that you comply with these laws and regulations at all times. In addition, federal, state and local regulations mandate that food to be sold retail be prepared on commercial kitchens or at the client's premises. Users who want to use the Site to offer or sell food agree to research and comply with these city, state and local laws and obtain any necessary licenses or permits when required. That we facilitate transactions in your geographic location should in no way be taken as an endorsement of legality. It is up to you to conduct the necessary research and ensure compliance with relevant laws and regulations. We reserve the right to hold you liable, and you understand that you will indemnify Us, for any loss We may experience as a result of your violation of any laws or regulations. You hereby grant to Us the unlimited right and permission to comment publicly (on one of our forums or blogs, for example) on your profile and services. You will have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any such use.

You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use, the actions of any Site User, or your violation of any rights of another person or entity.

3. USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other Users’ enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity or profile; not to use or attempt to use another’s account, password, service, or system without authorization from Company; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

4. MANAGING CONTENT AND COMMUNICATIONS

Company reserves the right, in its sole discretion, to delete or remove User Content from the Site, including in any of the chef profiles, and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content including any profiles.

5. WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party’s materials or services, www.gobble.com, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Company makes no warranty that (i) the Services and Materials, including any prepared food provided by a Site cook, will meet your requirements; (ii) the Services and Materials on www.gobble.com will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials, including any searches conducted by Users to locate local cooks, will be effective, accurate, or reliable; (iv) the quality of any prepared foods, Services, or Materials obtained or accessible by you through the Site or any of the Site’s cooks will meet your expectations. This Site could include technical or other mistakes, inaccuracies, or typographical errors. Company may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Company makes no commitment to update such Materials or Services.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Company or any Site User shall create any warranty not expressly stated in these Terms of Use.

6. PAYMENTS

Consumers make online payments to Gobble for the meals they order from participating chefs. Gobble offers its service to consumers at no additional charge. Consumers can login and cancel an order anytime with 24 hours advance notice. After the 24 hour deadline, payments for orders are non-refundable. For ongoing subscriptions, Gobble charges the consumers' credit cards on a weekly recurring basis and is non-refundable. Consumers can submit a subscription cancellation anytime to waiter@gobble.com. Subscription cancellation takes effect the following week after cancellation is issued, which results in stoppage of recurring charges to the consumers' credit card accounts.

7. PERSONAL INFORMATION AND PRIVACY

Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Company or others.

8. TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Us or other third parties. You are not permitted to use the Marks without the prior written consent of Us or such third party that may own the Marks.

9. ENTIRE AGREEMENT

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.