Navigate

Website Terms Of Use

Effective Date: May 2017

The terms “TBK,” “we,” “us” and “our” refer to Taste Buds Kitchen International, LLC and its affiliates. Your use of this Website (the “Site”) is subject to the following terms and conditions (“Terms of Use”) that you affirmatively accept by using the Site. Please read these Terms of Use carefully and ensure that you understand them before you use the Site. If you do not agree to the Terms of Use, you should not use this Site.

These Terms of Use are not intended to and do not alter any terms or conditions of any other agreement you may have with TBK or TBK’s franchisees for products, services, classes, events or otherwise. TBK may update these Terms of Use at any time, in its sole discretion, without notice. You agree to monitor the Site for any changes and your continued use of the Site following the posting of any changes signals your understanding of, and agreement to, such changes.

THESE TERMS EXEMPT TBK AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

EACH TIME YOU USE THE SITE, THIS AGREEMENT, AS IT THEN READS, WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THESE TERMS OF USE.

Ability to Accept Terms of Use

Each time you use the Site, you signify your agreement, and the agreement of all persons you represent, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent. No person under the age of 18 may use the Site without the supervision of a parent or legal guardian. Your use of the Site will be deemed to be a representation that you are 18 years of age or older or using the Site with the permission of your parent or guardian. We require that any purchases be made by individuals 18 years of age or older.

Accuracy, Completeness and Timeliness of Information

Although TBK makes reasonable efforts to ensure that all information included on the Site is correct, accuracy and integrity cannot be guaranteed and TBK does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. TBK is under no obligation to post, forward, transmit, distribute or otherwise provide any information and/or material available from the Site.

Use of the Site

All content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of TBK, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.

All materials on this Site may only be used for personal, non-commercial purposes. Improper use of information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. You may not interrupt or attempt to interrupt the operation of the Site in any way and TBK reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which TBK may be entitled at law or in equity.

You hereby acknowledge responsibility for any information and/or material submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law; or (iii) contains software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” may not be uploaded to, distributed or otherwise published through the Site. You may not provide false e-mail addresses or impersonate any person or entity, or otherwise provide misleading information as to the origin of any content. You may not upload commercial content onto the Site.

All remarks, suggestions, ideas, graphics, or other information communicated to TBK through this Site will forever be the property of TBK and TBK will not be required to treat any such submission as confidential. TBK will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to you or to any other person. TBK will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to TBK you waive the right to make any claim against TBK relating to the submission.

Any use of information obtained from this Site will be consistent with the Privacy Policy posted on this Site, and with any other privacy promises made by TBK on this Site. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities.

Links

The Site may contain links to other websites which are provided only as a convenience and as an additional avenue of access to the information contained therein. TBK has not necessarily reviewed all of the information on the other websites mentioned on the Site and is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites. TBK is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Site.

Intellectual Property

TBK’s intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of TBK, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. The copying, downloading and/or printing of information and/or material included on the Site, other than as otherwise expressly permitted by TBK, is for your personal and noncommercial use only and is conditioned on your prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information or any material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. TBK, its affiliates, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights. TBK neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with TBK. TBK reserves all rights not expressly granted in and to the Site and its content.

TBK respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others.  If you believe that the Site has infringed your intellectual property rights, please notify TBK and provide the following information:

  • An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.
  • A detailed description of the material that you claim is infringing, so that we may locate it on our Site.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
  • A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Please send the foregoing to the following address:

Taste Buds Kitchen International, LLC
141 Wye River Drive
Queenstown, Maryland 21658
(410) 304-2062
corporate@tastebudskitchen.com

DISCLAIMERS

USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. TBK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TBK OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. TBK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.

TBK is an equal opportunity employer committed to a diverse workforce. TBK franchisees hire their own employees and establish their own terms and conditions of employment. Nothing on the Site or in the Terms of Use shall constitute a promise by TBK or its franchisees to interview, hire or employ any individual who submits information to it, nor a promise that the information will be reviewed.

LIMITATION OF LIABILITY

TBK MAKES THE SITE AVAILABLE AT NO CHARGE AND, BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SITE AND SUCH USE IS AT YOUR SOLE RISK AND DISCRETION.

TBK, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TBK OR ANY OF ITS AFFILIATES OR BUSINESS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TBK, ITS AFFILIATES OR BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH TBK IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. YOU AND TBK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.

Indemnification

You agree to indemnify, defend and hold harmless TBK, its affiliates, and business partners and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from use of the Site and any violation of these Terms of Use. If technical disruption of the Site or the systems supporting the Site occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. TBK reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with TBK in defense of such matter.

Transactions

When you purchase any product or service made available through the Site you may be asked to supply information relevant to your transaction including, without limitation, your name, credit card number, the expiration date of your credit card, your billing address, your e-mail address, or your telephone number. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting this information, you grant us the right to provide such information to third parties in order to complete your transaction. We may contact you regarding your account or your transactions and you agree to receive said communications.

All descriptions, images, features and prices of services described or depicted on the Site are subject to change at any time without notice. The inclusion of any services on the Site does not imply or warrant that these services will be available. We make a conscientious effort to describe services accurately on the Site. However, some items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site. We apologize for any inconvenience.

Jurisdiction

The Site is controlled by TBK from its offices located within the United States of America and the Site has been designed to comply with the laws of the United States. Questions regarding the enforceability and scope of the arbitration provision contained herein will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the laws of the State of Maryland govern these Terms of Use and use of the Site. If the Site is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Queen Anne’s County, Maryland, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties. Notwithstanding the foregoing, you or TBK may seek injunctive relief from an appropriate state or federal court located in Maryland prior to or during the arbitration.

Entire Agreement

These Terms of Use along with any posted policies or operating rules constitute the entire understanding of you and TBK and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site.

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain in full force. In the event any provision of this document is found by a court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid as written, it may be reformed to the extent necessary to make it reasonable and enforceable.

No Assignment

You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of TBK, which may be withheld in TBK’s discretion. TBK may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

How to Contact Us

Questions or comments about these Terms of Use or the Site may be directed to: corporate@tastebudskitchen.com.