TERM OF USE

Last Updated: [ 01/01/2024]

 

By accessing the Site, you agree to be bound by the following terms and conditions (the "Terms of Use"). If you do not agree to these Terms of Use, you may not access or use the site, our Shopify store, our services, or any product apps (the “Site”).

 

IMPORTANT: THIS TERMS OF USE CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND TASTEE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY THAN IN COURT AND APPELLATE REVIEW.

 

By using the Site, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the Site is unauthorized.

 

By accessing or using the Site, you also acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use our Site.

 

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you.

 

You may use our Site only for lawful purposes and in accordance with these Terms of Use. You may not use our Site: (a) in any way that violates any applicable federal, state, local, or international law or regulation; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation; (d) to impersonate or attempt to impersonate Tastee, a Tastee employee, another user, or any other person or entity; (e) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Site except as expressly authorized in these Terms of Use, without our express prior written consent or unless otherwise allowed in these Terms of Use; (f) reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law; (g) frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, unless you obtain ours express prior written consent to do so; (h) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any information or content made available on the Site, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as solely determined by us, may harm Tastee or users of the Site, or expose them to liability.

 

You certify that the information you provide on or through the Site is accurate and that the information you provide on or through the Site is complete. You are solely responsible for maintaining the confidentiality and security of your account including username and password. We are not responsible for any losses arising out of the unauthorized use of your account. You agree that we do not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the Site. You agree that we are not a party to any such agreement, nor are we responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may: (1) change, restrict access to, suspend, or discontinue the Site or any portion of the Site; and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the Site or any portion of the Site.

 

The content and materials on our Site, including but not limited to trademarks, service marks, trade names, logos, text, graphics, images, software, and the arrangement of these items (collectively, "Tastee Content"), are owned by Tastee or its licensors and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Tastee Content on our Site, except as follows: (a) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (b) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide social media features with certain content, you may take such actions as are enabled by such features. No license, right, title, or interest in the Site or any content on the Site is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the content on the Site.

 

The Site may contain links to third-party websites or resources. These links are provided for your convenience only and do not imply any endorsement, sponsorship, or recommendation of the third party or its information, products, or service by Tastee of the linked website or resource or any association with its operators. We have no control over the contents of those linked websites or resources. We accept no responsibility for those linked websites or resources and or for any loss or damage that may arise from your use of those linked websites or resources. We cannot guarantee the performance of any goods and services on those linked websites or resources. If you decide to access any of the third-party websites or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and/or resources, including but not limited to its privacy policy.

 

This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers.

We do not endorse any of the products or services listed on such site.

 

Your use of our Site is at your sole risk. Our Site is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express or implied, regarding the operation, functionality, content, use or the results of our Site, including without limitation its accuracy, completeness, reliability, or usefulness. To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, we disclaim any and all warranties, express or implied, for any merchandise offered. You acknowledge that, to the fullest extent provided by applicable law, your use of the Site is at your sole risk. This disclaimer constitutes an essential part of these Terms of Use. To the fullest extent permitted by applicable law, you assume full responsibility for your use of the Site and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, we are not responsible for any loss or damage to your property or data that results from any materials you access or download from the Site. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

 

To the fullest extent permitted by law, Tastee shall not be liable for any damages whatsoever arising out of or in connection with the use of the Site or the information contained therein. We shall not be liable to you or any other person under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability or otherwise, for any indirect, special consequential, or incidental losses or damages of any nature, including but not limited to lost profits or revenues, business interruption, loss of data or loss of goodwill, even if we are advised of the possibility of such damages or should have known of the possibility of such damages. We have no liability to you for content on the Site that you find to be offensive, indecent, or objectionable. Subject to the foregoing, to the fullest extent provided by applicable law, we will not be liable for any damages in excess of the fees paid by you in connection with your use of the Site during the six month period preceding the date on which the claim arose.

 

You agree to indemnify and hold Tastee and its officers, directors, employees, and agents (the "Indemnified Parties") harmless from any claim or demand, including but not limited to reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the Site, your violation of these Terms of Use, or your violation of any rights of another. Furthermore, you agree to indemnify and hold the Indemnified Parties harmless from and against any and all liabilities, claims, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees and costs, arising from or related to your misuse of the Site or any breach by you of these Terms of Use. In addition, you are solely responsible for any and all information you make available, and you agree to indemnify and hold harmless the Indemnified Parties for all claims resulting from any and all information you make available.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:

1. Arbitration Agreement

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TASTEE, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF USE, YOU AND US AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the Arbitration Agreement in these Terms of Use.

2. Class Action and Mass Action Waiver

YOU AND US AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You and us each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred arbitration Demands with common questions of law or fact against us within 180 days of initiating your arbitration Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in these Terms of Use. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against us for you. If the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Arbitration Agreement in these Terms of Use other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision shall be severed from the Terms of Use, and the remainder of the Terms of Use shall be enforceable to the maximum extent permitted by law.

3. Initiating a Demand for Arbitration

Any arbitration required by the Arbitration Agreement shall be initiated by you or us by sending the other a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Your Demand shall be delivered to us at: 361 S DuPont Ave Ontario, CA, 91761 US. The Demand must include: (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; (iv) the original personal signature of the party seeking arbitration; and (v) the original personal signature of any legal counsel or other representative purporting to represent the party seeking arbitration. For purposes of this paragraph, “original personal signature” does not include any digital, scanned, electronic, copied, or facsimile signature. An original personal signature on the Demand certifies the following: (i) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The original personal signature by the party seeking arbitration shall verify under penalty of perjury that the factual statements contained in the Demand are true and correct. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

4. Filing a Demand for Arbitration

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement shall submit a copy of the Demand to the American Arbitration Association (“AAA”) sixty (60) or more days after the Demand is initiated pursuant to these Terms of Use. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms of Use. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

5. Conduct of Arbitration

In any arbitration of a dispute or claim that is subject to the Arbitration Agreement:

• You or us may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

• The parties shall have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality shall be decided by the arbitrator when requested by either party.

• The arbitrator shall conduct any calls, conferences, or hearings by teleconference or video conference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. You and an employee of us shall attend all arbitrator calls, conferences, and hearings.

• A party may make a written offer of judgment at least seven days before the date set for the arbitration hearing.

• If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator shall award the opposing party its attorneys’ fees, costs, and expenses and all amounts charged by AAA for the arbitration.

• The arbitrator will follow these Terms of Use and the law. The arbitrator shall not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

• You or us may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal shall be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal shall be selected by agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, AAA shall appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case shall be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, shall be conducted pursuant to the parties’ agreement or the appellate arbitrator(s)’ orders if the parties are unable to agree.

Haoch, Inc. (“Tastee”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because Tastee has requested your permission to use your social media content in this way.

 

If you choose to allow us to use your social media content (“User Content”) by replying with the hashtag # Tastee, you agree to these Terms of Use.

 

Tastee engages a limited number of service providers to facilitate the collection and transmission to the Tastee website (www.tastee.net and others) (the “Site”), social media channels (including, but not limited to Instagram/Facebook/Pinterest/TikTok/ of User Content, including photos, text, graphics, audio, video, location information, comments, and other materials from social media sites, for use by Tastee in connection with its business, including Tastee’s product feature, marketing, promotional, advertising and other consumer-related activities (the “Tastee Services”).

 

You hereby grant to Tastee and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter, and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

 

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

 

You hereby agree to represent and warrant that: (i) you are solely responsible for your User Content; (ii) you own all rights in and to your User Content, and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content; (iii) you are an adult and not a minor; (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to the copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third-party, or any law, rule or regulation; and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

 

You hereby release, discharge, and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

 

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use, and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third-parties in other countries so that they may process personal information on the Licensed Parties’ behalf. By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer, and processing of your information in accordance with the terms of these Terms, Privacy Policy, and applicable data protection laws and regulations.

 

The Licensed Parties reserve the right to remove any User Content from the Site and the Tastee Properties. If you believe any content, including User Content, residing on the Site or on the Tastee Properties or displayed or used in connection with the Tastee Services infringes any person’s or entity’s copyright rights, please contact us at:

 

Haoch, Inc.

651 N Broad St, Suite 201
Middletown, DE 19709
New Castle County

info@tastee.net

 

Tastee may revise and update these Terms of Use at any time in its sole discretion. All changes to these Terms of Use are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The “Last Updated” legend above indicates when these Terms of Use were last changed. Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.

 

These Terms of Use apply to the entire Site, the Tastee Properties and Tastee Services, and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the Tastee Properties or in connection with the Tastee Services, you also will be subject to additional terms of use, agreements, guidelines, or rules provided by Tastee applicable to such Tastee Services and User Content, including but not limited to those set forth on the Tastee website at and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by Tastee (the “Tastee Terms”). You certify that you are at least 18 years of age.

 

User Content is provided by the User “As is”, and any express or implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Tastee be liable for any direct, indirect incidental, special, or consequential damages arising out of the use of User Content.

 

The Site, Tastee Services, or Tastee Properties may be protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of Tastee by authorizing the use of your User Content or otherwise using or accessing the Site, the Tastee Services, or the Tastee Properties.

 

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

 

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Site. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or us, you must promptly destroy all content downloaded or otherwise obtained from the Site, as well as all copies of such content, whether made under these Terms of Use or otherwise. The sections of these Terms of Use that by their nature would continue beyond the expiration, termination or cancellation of these Terms of Use shall survive the expiration, termination or cancellation of these Terms of Use.

 

These Terms of Use represent the complete agreement and understanding between you and us and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. Except as provided in “Indemnification” Section above, if any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We may update our Terms of Use from time to time. We will notify You of any changes by posting the new Terms of Use on this page. We will let You know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Terms of Use periodically for any changes. Changes to this Terms of Use are effective when they are posted on this page.

 

These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without Tastee’s prior written consent, and any action or conduct in violation of the foregoing shall be void and without effect.

 

You agree that if Tastee does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Tastee has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tastee’s rights and that those rights or remedies will still be available to Tastee.

 

If you have any questions regarding this Terms of Use or its implementation, here is how you can reach us:

 

Haoch, Inc.

651 N Broad St, Suite 201
Middletown, DE 19709
New Castle County

info@tastee.net