Scope: The web site located at www.dinnerelf.com (“Site”) is owned and operated by Dinner Elf, LLC (“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.
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.
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.
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.