TERMS AND CONDITIONS OF USE AGREEMENT
OWNERSHIP OF SITE
As used in this Agreement, the term “Site” includes all content and aspects of the Site individually and collectively, including, without limitation, all Local Baskit trademarks, all text, graphics, images, buttons, design lay-out and arrangement, and all software comprising the Site. The Site and all intellectual property and other rights therein are the sole and exclusive property of Local Baskit or its licensors. Your only rights in and to the Site are the limited license rights provided pursuant to this Agreement. All other rights are expressly reserved.
USE OF SITE
Subject at all times to this Agreement, Local Baskit hereby grants to you a limited, revocable, non-transferable, and non-exclusive right and license to access and use the Site by displaying the Site on your Internet browser only for the purposes of reviewing information about Local Baskit and its products and for purchasing personal products sold on the Site. Your license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party, unless Local Baskit expressly agrees to such use in advance and in writing. Local Baskit may terminate this license at any time and for any reason with or without notice to you. Any use of the Site not expressly granted in this Agreement is a breach of this Agreement and may violate intellectual property and other laws. Without limiting the generality of the foregoing, you hereby agree that:
A. You will use the Site only for lawful purposes in full compliance with all applicable local, national, and international laws, rules and/or regulations.
B. You will not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site.
C. You will not upload or post as part of any Submission (defined below) or otherwise any information or material that:
(i) constitutes or contains any message of a commercial nature, including, without limitation, any solicitation, advertisement, marketing materials, etc.;
(ii) violates, infringes upon, or misappropriates any third party intellectual property or other rights; or
(iii) is false, misleading, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
D. You will not use with, or launch or upload to, the Site any automated program, system, or routine that may in any way be harmful to the Site or in any way interrupt, destroy, limit or otherwise affect the functionality or security of the Site or any computers, networks, or other hardware and software connected thereto or used therewith, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.
E. You will not collect or harvest any personally identifiable information from the Site, including, without limitation, account names.
F. You will not submit any misleading information about yourself, such as a false e-mail address, or otherwise impersonate any other person while using the Site.
The above-referenced list is not exhaustive. Local Baskit reserves the right to monitor your use of the Site and any Submission that you post to the Site. Local Baskit may edit or remove any Submission and may terminate your rights under this Agreement at any time for any reason. Upon any termination of this Agreement, you shall immediately cease all access to, and use of, the Site, and Local Baskit shall, in addition to any other legal or equitable remedies, immediately revoke all account identification(s) and password(s) issued to you and deny your access to, and use of, this Site in whole or in part.
Certain portions of the Site invite you to collaborate with Local Baskit and other users, submit recipes, submit product reviews, etc. Any such information, materials or content, including, without limitation, any communications, product reviews and feedback, product ideas and designs, and other information, text, images and similar content, are individually and collectively referred to in this Agreement as “Submissions”. Each Submission will be treated as non-confidential and non-proprietary. Upon posting any Submission, you are irrevocably assigning to Local Baskit any and all rights in, and to, such Submission, including, without limitation, anyintellectual property rights therein. In the event that any such assignment is deemed invalid, Local Baskit shall automatically receive a royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submission by any means and in any form. Local Baskit may thereafter disclose, post, edit, and otherwise use any Submission in any manner that Local Baskit deems appropriate all without any compensation or credit to you. All Submissions are subject to the terms of this Agreement at all times.
Local Baskit Account
In order to access and use this Site, you shall be required to create an account identification and password (the “Local Baskit Account”). Each time you access your Local Baskit Account, you will be deemed to have accepted the terms and conditions of this Agreement. Local Baskit has no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO, AND USE OF, THIS SITE BY ANYONE USING YOUR LOCAL BASKIT ACCOUNT WHETHER OR NOT SUCH ACCESS TO, AND USE OF, THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS, INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of your Local Baskit Account. You shall notify Local Baskit immediately of any unauthorized use of your Local Baskit Account or any other breach or threatened breach of the Site’s security.
You may view and download materials from the Site only for your personal non-commercial use. You must retain all copyright, trademark, and other proprietary notices contained in the original materials on any copy of the materials. You may not modify the content or materials on this Site in any way. With the limited exception of certain reports regarding your account history, which may be made available to you by Local Baskit, you may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from, the materials and content composing the Site or use such content or materials in any way for any public or commercial purposes. Because the materials are copyrighted, any unauthorized use of them may violate copyright, trademark, and other laws. You may not use materials from the Site in a manner that violates the Copyright Act, 17 U.S.C. §§ 101 et seq. (the “Copyright Act”) and/or the fair use exception of the Copyright Act. Your use of this Site gives you no ownership or other rights in, or to, Local Baskit’s trademarks or service marks and you agree that you will not use, copy, or distribute such trademarks or service marks. You may not transfer, sell, assign, or otherwise transfer your rights and obligations under this Agreement. By using this Site, you promise Local Baskit that you will not use this Site for any unlawful or prohibited purposes. Any use of the content and/or materials found on the Site, other than a use specifically approved herein, shall be deemed a violation of the copyright, trademark, and other proprietary rights of Local Baskit and you shall be liable for all applicable damages. The content and/or materials on this Site may not be used by any third party without the express written consent of Local Baskit. No participant or user may copy, adapt, or adopt the HTML or other computer code used to generate this Site for any purpose. Any unauthorized copying, adaptation, or adoption of such coding is a violation of Local Baskit’s copyrights.
Use At Your Own Risk
Local Baskit may change this Site at any time. By accepting the terms and conditions of this Agreement, you agree to use the Site at your own risk. Although Local Baskit may use its best efforts to provide you with current and accurate information, Local Baskit makes no representation or guarantee regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any information provided on this Site. Nothing on this Site shall be considered an endorsement, representation, or warranty with respect to any user or third party, whether in regard to its web site, products, or services. Any cross-links provided on this Site are informational only and are not endorsements of such sites or the operator’s or owner’s products or services. You acknowledge that Local Baskit is not responsible for the operation of or content located on or through any such site.
Ordering Through Site
Local Baskit is a flexible meal subscription program operating with these terms.
CONTINUOUS SUBSCRIPTIONS: WHEN YOU REGISTER FOR A MEAL SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) LOCAL BASKIT (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR MEAL SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR MEAL SUBSCRIPTION CONTINUES, AND (B) YOUR MEAL SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP YOUR WEEKLY MEAL ORDER AS OFTEN AS YOU'D LIKE BY MANAGING YOUR ACCOUNT WITH THE VIEW RECIPES AND EDIT DELIVERY SCHEDULE PAGES.
CANCELLATION POLICY: YOU MAY CANCEL YOUR MEAL SUBSCRIPTION AT ANY TIME BY CLICKING ON THE “MANAGE” LINK IN YOUR ACCOUNT SETTINGS (ON THE ACCOUNT INFORMATION PAGE) AND FOLLOWING THE STEPS FOR CANCELLATION.
Any and all orders must be received before posted cut-off times for a given delivery (see Delivery of Products below). As you proceed through the ordering process, availability delivery windows and associated delivery charges and promotions will be displayed. You may change, skip, or cancel your order up to the Sunday evening before your delivery day, subject to the following limitations:
Any cancellation of any order after the required cut-off time will result in a full charge. In the event you cancel your Meal Subscription, we may still send you promotional communications about Local, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.please note that you may reactivate your account and you may choose the same plan or select a new plan. You will have the option to reactivate your account within the same plan or to select a new plan.
Price and Availability
Local Baskit strives to offer its customers the best products at the best prices. In order to do so, Local Baskit receives fresh products every day to guarantee the highest quality. Although Local Baskit’s goal is to fulfill one hundred percent (100.00%) of each and every order, given the perishable nature of our products, certain products may be unavailable from time to time due to market conditions beyond our control or to quality that is below our standards. In the event that a certain ordered product is unavailable and Local Baskit has a product that is comparable to the ordered product, Local Baskit reserves the right to substitute the ordered product with the comparable product. If you are not satisfied with the comparable product, please e-mail us at email@example.com.
Local Baskit reserves the right to limit your order or the quantity of a particular product that you may order.
Delivery of Products, Risk of Loss & Return Policy
Local Baskit uses refrigerated shipping solutions to maintain the quality and integrity of the products. Local Baskit uses third-party delivery companies to deliver meal ingredients to its customers. In addition, pickup at local events, such as farmers markets, are available and are also considered delivery. Local Baskit strives to ensure that food products will remain fresh in your unopened delivery box at room temperature (i.e., seventy-eight (78) degrees Fahrenheit) for six (6) hours from the time of delivery. However, you are the ultimate arbiter of freshness and should always inspect your delivery boxes to confirm that the contents arrive in a cool, refrigerated condition and use a thermometer to ensure that that the internal temperature of any meat and fish products is and remains at or below forty-one (41) degrees Fahrenheit.
In order to maintain the integrity and quality of food products, Local Baskit recommends that you immediately refrigerate all perishable items upon delivery. In the unlikely event that a fresh food product is delivered to you at a temperature above forty-one (41) degrees Fahrenheit, you should discard the item and contact Local Baskit at 603-270-9220.
The risk of loss and title for items purchased by you pass to you upon Local Baskit’s delivery of the items to the applicable carrier. You are solely responsible for the proper and safe washing, preparation, storage, and cooking of the meals following delivery. Local Baskit recommends that all specified cooking instructions should be followed, and that all meats, poultry, and seafood should be cooked in accordance with U.S.D.A. recommended internal temperatures:
· one hundred sixty-five (165) degrees Fahrenheit for poultry;
· one hundred sixty (160) degrees Fahrenheit for ground meats; and
· one hundred forty-five (145) degrees Fahrenheit for whole meats and seafood.
All fresh product should be washed prior to use.
All product returns must be in compliance with Local Baskit’s return policy. Local Baskit shall have the right to refuse or cancel any order. If your credit or debit card has already been charged for the purchase and your order is canceled, Local Baskit shall immediately issue a credit to your credit or debit card account in the amount of the charge. Local Baskit cannot and does not guarantee that all products will be available at all times and/or that all products may be sold outside of the United States.
In the event of inclement weather or unforeseen delivery complications, it may be necessary for Local Baskit to make adjustments to the delivery schedule, which will cause Local Baskit to suspend chosen delivery dates and times. If there will be a significant delay, a customer service representative may call or e-mail you to notify you of the status of the delivery time. Local Baskit will deliver your order as quickly as possible when the conditions permit. If your designated delivery location (i.e., street, avenue, etc.) or day is inaccessible, rendering Local Baskit unable to make the delivery, Local Baskit will contact you to determine the best alternate location and/or date.
Dietary Preferences and Restrictions
Local Baskit does not guarantee the accuracy of any nutritional information provided by Local Baskit. Local Baskit shall not be responsible for any loss or damage resulting from your reliance upon any such nutritional information or for ensuring that whatever foods you purchase, prepare, and consume are in accordance with your respective dietary needs or restrictions. Local Baskit stores, portions, and packs meals containing all of the following eight (8) major allergens in the United States: milk, wheat, egg, soy, fish, shellfish, peanuts, and tree-nuts. Although Local Baskit takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals to contain any or all of the above-referenced allergens.
Credit Card or Debit Card Payment
Local Baskit reserves the right to execute a One and No/100 Dollar ($1.00) authorization or temporary charge on your credit card or debit card (“Card”) to verify that your account is valid and that the information you provide to Local Baskit is correct. This authorization does not cost you anything and will typically expire within twenty-four (24) and forty-eight (48) hours depending on your Card issuer’s internal procedures. If you experience difficulty in enrolling with Local Baskit, you may see multiple authorization charges.
Your Card will be charged for your order immediately upon check-out. Local Baskit will not process orders that attempt to use an incorrect, expired, or over-the-limit Card, and Local Baskit will use its best efforts to notify you of any such occurrence. However, in the event such an order is processed, Local Baskit reserves the right to collect funds for any uncollected transactions owed to it. Local Baskit may charge a fee of Two and No/100 Dollars ($2.00) per order should a payment made with your Card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, Local Baskit may charge such amount directly to the Card identified in your Local Baskit Account, and Local Baskit may suspend or terminate your access to your Local Baskit Account or this Site. You shall be responsible and liable for any fees that Local Baskit may incur in its efforts to collect any unpaid balances from you, including, without limitation, attorneys’ fees and collection costs. Your right to use the Local Baskit Account and this Site is subject to limits established by Local Baskit and/or by Card issuer.
Local Baskit is unable to accept checking account transactions, paper checks, food stamps, or third-party coupons at this time.
Third Party Information Providers and Merchants
Local Baskit Service may from time to time allow you to order and receive products, information, and services from businesses that are not owned or operated by Local Baskit. In such instances, Local Baskit acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Local Baskit makes no representation or warranty of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Local Baskit makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
Local Baskit may from time to time offer promotions, including, without limitation, the Rewards Program, by and through the Site, designated food truck(s), or any other means. In providing true and accurate information in connection with each applicable promotion registration form and agreeing to the applicable promotion contest rules, end-users may obtain, or attempt to obtain, a chance to win the reward and and other awards offered through the promotion, if any. Each end-user understands and agrees that Local Baskit shall not be liable to such end-user or any third party for any claim in connection with that end-user’s participation in any such promotion.
Access to the Site
You will provide all equipment and services and be responsible for all data, telephone, and other charges necessary to access the Local Baskit Service and the Site. You agree to comply with all laws applicable to your activities on this Site and with the terms and conditions of this Agreement, as the same may be amended from time to time.
You acknowledge that the Local Baskit Service or the Site may be inaccessible or inoperable for any reason, including, without limitation:
· equipment malfunctions;
· periodic maintenance procedures or repairs that Local Baskit may undertake from time to time; or
· causes beyond the control of Local Baskit or that are not reasonably foreseeable by Local Baskit.
If you would like to update or correct information previously provided to us, please send an e-mail with your new information to firstname.lastname@example.org, or you may update your account information yourself by going to your Account page on the Site. Please do not send credit card or other payment information via e-mail.
Digital Millennium Copyright Act
It is Local Baskit’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any Submission or other aspect of the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Local Baskit’s Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Local Baskit to locate the material;
· Information reasonably sufficient to permit Local Baskit to contact you, such as an address, telephone number, and, if available, an email address;
· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Local Baskit’s designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Local Baskit Customer Service
DMCA Compliance Officer
Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Local Baskit customer service. You acknowledge that, if you fail to comply with all of the requirements of this Section (“Digital Millennium Copyright Act”), your DMCA notice may not be valid.
If you are the owner or an agent thereof of material that was removed from the Site or disabled after Local Baskit received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Local Baskit a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
· Your physical or electronic signature;
· Identification of the Site that has been removed or to which access has been disabled and the location at which the Site appeared before it was removed or disabled;
· A statement that you have a good faith belief that the Site was removed or disabled as a result of mistake or a misidentification of the Site; and
· Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notification is received by the Copyright Agent, Local Baskit may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against Local Baskit and provides Local Baskit with notice of the same, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notification, at Local Baskit’s sole discretion.
Please send all other questions or comments regarding this Site or Local Baskit’s products to:
Attn: Customer Service
All of our products and services are backed by a freshness and quality guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at 603-270-9220 or contact us via e-mail at email@example.com
Local Baskit may require the return or photo documentation of the product with which you are dissatisfied before we substitute an acceptable item, issue a credit voucher, or give you cash back.
DISCLAIMER, TITLE TO GOODS AND LIABILITY LIMITATION
THE SITE, ANY PRODUCTS OFFERED FOR SALE ON THE SITE, ANY TRANSACTIONS CONDUCTED VIA THE SITE, AND ANY INFORMATION AND MATERIAL ON THE SITE OR PROVIDED VIA THE SITE ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOCAL BASKIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW DISCLOSURES OF IMPLIED WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. THE TITLE TO PURCHASED GOODS IS RETAINED BY LOCAL BASKIT UNTIL GOODS ARE PAID FOR BY THE CUSTOMER. IN NO EVENT WILL LOCAL BASKIT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER WEBSITE LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE, EVEN IF LOCAL BASKIT HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. LOCAL BASKIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LOCAL BASKIT’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. LOCAL BASKIT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR VIA ANY SITE HYPERLINKED FROM THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOCAL BASKIT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. LOCAL BASKIT DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOCAL BASKIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCAL BASKIT’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO LOCAL BASKIT DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO LOCAL BASKIT’S LIABILITY.
The above may not apply in jurisdictions that do not allow the exclusion of certain warranties or limitations on liability. Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action. Your remedies under this Agreement are exclusive and are limited to those expressly provided for herein.
You agree to defend, indemnify, and hold harmless Local Baskit and its affiliates and their respective officers, members, employees, or agents from and against any and all claims, actions, obligations, demands, damages, liabilities, losses, expenses, cost, or other liabilities of any kind, including, without limitation, reasonable attorneys’ fees, arising out of: (i) your use of the Site and/or any information, services and/or goods provided via the Site; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that your Submissions caused damage to a third party. The obligations under this Section (“Indemnification”) will survive this Agreement and your use of the Site.
This Agreement is governed by, and shall be construed and enforced in accordance with, the laws of the State of New Hampshire without respect to choice of law or conflict of law principles. You expressly agree that any claim or controversy arising out of or related to this Agreement, the Site, or the services or products provided on or through the Site shall be settled by binding arbitration to be held in Manchester, New Hampshire in accordance with the rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Local Baskit from seeking any injunctive relief in any court of competent jurisdiction for protection of Local Baskit’s intellectual property rights. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Hampshire for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Local Baskit or its affiliates, subsidiaries, employees, contractors, officers, members, telecommunication providers and Site providers. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No right or remedy of Local Baskit shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, or attorneys’ fees and expenses. No instance of waiver by Local Baskit of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver.
Local Baskit makes no representation that materials in the Site are properly available for use in locations other than the State of New Hampshire. If you have accessed this site from jurisdictions other than the State of Maine, you are responsible for compliance with the laws of such jurisdiction. If you are a California resident, you waive California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
This Agreement, including the policies incorporated herein by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature. By agreeing to these terms, you represent that you are not relying on any agreement, representation, or warranty pertaining to the subject matter hereof that is not expressly set forth herein.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
Intellectual Property Notice
The Site contains registered and/or unregistered copyrights of Local Baskit. The terms “Local Baskit,” “Artisan Baskit”, “Fresh Baskit”, and “Simple Baskit” are all registered or unregistered trademarks of Local Baskit. All rights are expressly reserved.
Ability to Accept Terms
You affirm that you are eighteen (18) years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement and to abide by and comply with this Agreement.
Non-U.S. Net Users
Sales of our products and services must follow U.S. Commerce Department Regulations and State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.
U.S. Government Restrictions
Sales of software to the U.S. Government may be subject to license restrictions in accordance with DFARS 252.227-7013(1) and FAR 52.227-19.