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. The Site is not intended for use by anyone who is under the age of 13 years old. Any user who is at least 13 years of age, but is not yet 18 years of age, may only use the Site with the permission of, and under the supervision of, a parent or legal guardian who agrees to be bound by these Terms of Use. If you are consenting to these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to consent to these Terms of Use on behalf of the entity. Any purchases must be made by individuals 18 years of age or older.

The Site is intended for use and must only be used by individuals who reside in the United States. You represent that you are not located in a country, and are not a citizen of, a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country and that you are not listed on any U.S. Government list of prohibited or restricted parties. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Although TBK makes reasonable efforts to ensure that all information included on the Site is correct, accuracy 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 is done at user discretion and at their own risk. TBK is not responsible for any harm that may result or arise out of 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.

Materials on the Site may not be used as part of any service or product offerings to third parties. Improper use of information or materials 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 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 (other than personally identifiable information transmitted). 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 the Site will be consistent with the Privacy Policy posted on the Site, and with any other privacy promises made by TBK on the Site. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

TBK may from time to time develop patches or fixes or may find it necessary to install updates, upgrades and other modifications to the Site. These may from time to time be automatically installed without providing any additional notice or receiving any additional consent and users consent to this automatic update. If you fail to install any software updates or other required item, use of the Site may be compromised.

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.

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
800-D Abruzzi Drive
Chester, Maryland 21619
corporate@tastebudskitchen.com

Any software, services, goods or other products or technology that are provided by a third party, or that are provided by TBK but are: (i) identified by TBK with a brand name or logo that is not a TBK brand name or logo, or (ii) provided subject to a user’s agreement to the third party’s legal terms and conditions (“Third Party Products”) are subject to the terms of the license and other agreement terms of the third party. Specifically, but without limitation, the operating system, virtualization and other general systems software may be a Third Party Product subject to separate licensing terms, conditions and restrictions of the third party providers. Users may be required to accept the end user license and other terms of the third-party providers as a condition to use of Third Party Products.

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. To the extent you are concerned with the content on the Site there are resources available to you to aid with filtering content.

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 for any feature of 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 non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Site will not 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 or 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.

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, exemplary, 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 have 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-like 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 to the Site. To the extent damages are recoverable against TBK, the maximum amount of direct damages recoverable for all events, acts or omissions of TBK, excluding events involving fraud or willful misconduct, shall not exceed the total cash amount paid by you to TBK (and not refunded) in the then-preceding 12 month period. You and TBK agree that any cause of action arising out of or related to the Site must commence within six months (6) after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on (i) how long an implied warranty lasts, (ii) the exclusion or limitation of liability for consequential or incidental damages, or (iii) shortening of the statue of limitations period, all or a portion of the above limitations may not apply.

You agree to indemnify, defend and hold harmless TBK, its affiliates, and business partners, franchisees and their officers, directors, employees, contractors, and agents from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from (i) your use of the Site or any products or services offered or accepted through the Site or (ii) 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. Any business customer shall be liable to TBK for the actions of its employees, directors, officers, affiliates and contractors using the Site on its behalf and shall indemnify TBK for such actions. You may not settle any matter nor admit liability on behalf of a party entitled to indemnification without the party’s express written consent. 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.

When you purchase any product or service made available through the Site you may be asked to supply information relevant to the transaction including, without limitation, name, credit card information, billing address, e-mail address, telephone number and shipping information. 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 TBK the right to provide such information to third parties in order to complete any transaction. You authorize TBK and its third-party payment processing company to complete transactions by charging your designated method of payment for products or services purchased. Payments may be subject to the third-party processing service’s account agreement, terms of use and privacy policy. Payment in full is required before a product will be shipped or service will be made available, unless otherwise expressly agreed by TBK in writing. In the event that a payment is permitted to be made in installments or otherwise remains outstanding, to the fullest extent permissible under applicable law, you agree to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by applicable law. If you are in default and TBK refers your account to an attorney and/or collection agency for collection, you will be responsible to pay the costs associated with such collection.

All descriptions, images, features, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. TBK makes a conscientious effort to describe and display products and services accurately on the Site. However, some items on the Site may be mispriced, described inaccurately or unavailable, and TBK may experience delays in updating information on the Site. TBK apologizes for any inconvenience. Attempts to display the colors of merchandise shown on the Site is done as accurately as possible. However, because an electronic device’s display may vary the colors shown, TBK cannot guarantee that it will accurately depict the actual color of the merchandise.

While TBK strives to provide accurate pricing information, unintentional pricing or typographical errors may occur. TBK reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice. In the event that an item is listed at an incorrect price, with incorrect information, or discounted in error, or if an item is determined to no longer be available or deliverable, TBK shall have the right, to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If a credit card has been charged for any order subsequently cancelled, a credit will be issued to the credit card as the sole and exclusive remedy, unless prohibited under applicable law. Delivery dates are estimates and are not guaranteed.

The fees listed in connection with offerings do not include any taxes or duties of any kind which may be imposed by any governmental entity on the transactions contemplated and you will be solely responsible for all such taxes. All amounts are quoted in and payable in US dollars. All sales are final. You will not receive a refund for non-use of any products or services purchased via the Site. However, under certain circumstances, TBK may, in its sole discretion, provide a refund. Refund requests must be in writing and sent to corporate@tastebudskitchen.com.

It is each user’s responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the receipt, possession, and use of any item purchased from the Site. By placing an order, you represent that the products or services ordered will be used only in a lawful manner. TBK reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any product or service; or (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion. You agree to pay all charges that may be incurred by you through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. Purchases for resale or international export are prohibited.

Acknowledgment of an order means that the order request has been received; it does not mean that the order has been accepted or shipped or that the availability of an item has been confirmed. When an order is accepted and shipped, it will be shipped to an address designated by you as long as that shipping address is a deliverable address. Risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

For products eligible for return, the return must be in original and resalable condition, with all original packaging. Shipping charges on returned products are your responsibility. Original shipping, packaging, handling and related charges are not refundable. In the event a return of goods is permitted you must insure, at your expense, all goods shipped in an amount at least equal to the purchase price of the goods and you assume the risk of loss in connection with the shipment of all returned goods. If your shipment arrives to you damaged it must be refused if you notice any visible damage or tampering on the box. Should the shipment be accepted, you must note the damage on the carrier’s delivery record in accordance with the carrier’s policy, save the merchandise in the original box and packing it arrived in, and notify TBK immediately, but in no event later than 7 days from delivery. Customers may return most non-defective items within 30 days of invoice, either for credit or exchange.

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 (“FAA”). To the extent state law is applicable under the FAA, the laws of the State of Maryland govern these Terms of Use and use of the Site, without regard to conflict of laws principals. The statute of limitations of the State of Maryland shall be strictly enforced. The laws of the State of Maryland shall also apply to any dispute involving the Site, these Terms of Use or any transaction made, or product or service ordered, from the Site that is not subject to arbitration. The Site is not intended for use outside of the United States and products offered on the Site are not intended to be marketed to residents of countries outside the United States. 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 these Terms of Use, or the breach thereof, or any transaction made, or product or service ordered, from the Site shall be submitted to arbitration in accordance with the auspices and rules of the American Arbitration Association (“AAA”), provided that the AAA accepts jurisdiction. Any such arbitration shall be administered by the AAA under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration will be decided on an individual basis and not a class-wide or multiple plaintiff basis on in any action where any party hereto acts in a representative capacity, unless prohibited by law. 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 in the State of 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. The parties will each pay their required share of the costs of arbitration. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

Notwithstanding the foregoing, either party may seek injunctive relief from an appropriate state or federal court located in Maryland prior to or during the arbitration, may file suit to address intellectual property infringement claims and may bring individual actions in small claims court. TBK may also assign your account for collections and a collections action with respect to past due amounts owed may be instituted.

For all disputes you wish to initiate, you must first send a written description of your claim to TBK’s Customer Service department. You can contact the Customer Service department by email at corporate@tastebudskitchen.com or the physical address listed herein. We each agree to negotiate in good faith to settle your claim or dispute. If we do not reach agreement within 30 days, you may pursue your claim in arbitration, or in small claims court as described above.

You may choose to opt out of this arbitration provision for disputes with TBK if done in writing within 30 days after your first use or of any published change to these Terms of Use via electronic mail at corporate@tastebudskitchen.com or via mail to the address listed herein.

Visiting the Site, sending TBK emails and messages and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communication TBK provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by TBK for via the Site. Unless prohibited by law, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You may opt out of receiving electronic communications at any time by following the opt-out instructions contained therein.

These Terms of Use along with the agreements or documents referenced herein, including any sales receipts or documents accompanying a purchase, and 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.

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 an arbitrator or 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.

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

Description of SMS use cases
If you opt in to receive SMS messages from Taste Buds Kitchen, you may receive transactional messages such as booking confirmations, reminders, or account related notifications, as well as marketing messages including promotions, events, and special offers.

Opt out and help instructions
You may opt out of receiving SMS messages at any time by replying STOP to any message. For assistance, contact us at corporate@tastebudskitchen.com.

Message and data rates disclosure
Message and data rates may apply. Message frequency may vary based on your interaction with Taste Buds Kitchen.

Carrier liability disclaimer
Carriers are not liable for delayed or undelivered messages.

Age restriction
By opting in to receive SMS messages from Taste Buds Kitchen, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction). If you are under the age of 18, you must have the permission of a parent or legal guardian to sign up for SMS alerts. We do not knowingly collect or solicit data from children under the age of 13.

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