1 Account, Many Brands
1 Account, Many Brands
Updated on June 22, 2022
Welcome to Kitchen Stadium Inc. (hereinafter “Kitchen Stadium”, “Stadium”, “we”, “our”, “us”, or “the Company”) and our technology platform accessible through our website located at www.bystadium.com as well as our affiliated brands (together with any of its software, content, and servers, the “Site”).
Please read these Terms of Use carefully, as they constitute a legal agreement (“Agreement”) by and between you and Kitchen Stadium Inc. This means that by using the Site or the Services as defined herein, or by clicking a button or checking a box marked “I agree” or “I accept” (or something similar), or by accessing any information, function, or service provided or enabled by us, you agree to all the terms and conditions of this Agreement.
By accessing or using the Site and the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use, and you represent and warrant that you are at least 18 years of age or older. If you do not agree to any of these terms, then please do not use the Site or the Services.
As used in this Agreement, “you” and “your” mean you, your successors, assigns and/or heirs, as applicable, and any “User” or “Users”, defined as all individuals and other persons who access or use the Site and/or the Services as defined herein, including, without limitation, any organizations that register accounts or otherwise access or use the Site and/or the Services through their respective representatives, whether or not any of the foregoing is a Member (as defined herein) and/or has registered for an Account (as defined herein). Unless otherwise agreed in a separate written agreement with you or your authorized representative, the Site and the Services are made available solely for your own, non-commercial use.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST US. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
1. SERVICES
2. USE OF SITE AND SERVICES (INCLUDING DIETARY RESTRICTIONS)
3. ADDITIONAL RULES AND PROHIBITIONS
4. ADDITIONAL TERMS AND POLICIES
5. INTELLECTUAL PROPERTY
6. USER CONTENT
7. COMPLIANCE WITH APPLICABLE LAWS
8. MISCELLANEOUS
9. DISCLAIMERS, LIMITATION OF LIABILITY, AND INDEMNIFICATION
10. DISPUTE RESOLUTION
11. SALE OF ALCOHOLIC BEVERAGES
Membership and Account
1. Anyone, above 18 years of age can place Orders on the Site for non-alcoholic items. To do so they have to become a member of the site. Issuance of an invitation or a Membership is at our sole discretion. You may request an invitation by providing us with your email address and the address where you wish to have your Orders delivered. If we provide Services in your area and we elect to issue an invitation, we will activate your account and send you an email invitation containing instructions for completing your membership registration (“Membership”), which process will require you to create a username and password for your Membership account (“Account”).
2. You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
3. We reserve the right to delete or change your user name and/or password at any time and for any reason. Our use of any information that you provide to us through the Site is governed by our privacy policy located at http://www.bystadium.com/privacy-policy, the terms of which are hereby incorporated by reference into these Terms of Use.
4. You may receive an invite to one of the affiliated brands of Kitchen Stadium, when someone adds your email in the list of people they want to send a treat to. In that case, please sign up only if you are the intended recipient. If you are not the intended recipient, kindly ignore the email.
Independent Contractors; Independent Merchants
1. You acknowledge and agree that Kitchen Stadium: (i) is a retail and logistics company of non-alcoholic products which, through the Site; provides the Services; (ii) does not itself prepare or manufacture Products, and is not a common carrier; (iii) has no responsibility or liability for the acts or omissions of any Merchant or any Contractor; (iv) does not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant; (v) is not responsible for Product preparation or the safety of the Products; (vi) does not verify Merchants’ or Products’ compliance with applicable laws or regulations, and (vii) has no responsibility or liability for acts or omissions by any Merchant or Contractor and the provisions of Section XI expressly apply to any assertion or claim of responsibility or liability of Kitchen Stadium.
2. You further acknowledge and agree that the Products are CPG manufactured by their respective manufacturers and brands, that the Contractor will be directed by your instructions to transport the Products to your designated delivery location, that neither the Contractor nor Kitchen Stadium holds title to or acquires an ownership interest in any Products obtained through the Services.
Payment, Pricing, Fees, Taxes
You acknowledge and agree that: (a) Kitchen Stadium will process payment for non-alcoholic items using the preferred payment method designated in your account; (b) the prices for menu items displayed through the Site may differ from the prices offered or published by Merchants for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) we reserve the right to change such prices at any time, at our sole discretion; (c) you are responsible for payment of all fees displayed through the Site, which fees we may change at any time in our sole discretion; (d) you are liable for all applicable taxes; if your organization is tax-exempt, taxes will be removed only after a Certificate of Exemption is received by our team; (e) charges paid by you for completed and delivered orders are final and non-refundable; and (f) we have no obligation to provide refunds or credits, but may issue them, in each case in our sole discretion.
1. Wallet
We might occasionally give cash back to your Wallet for special promotions or refunds.
2. Fees; Automatic Renewals
You agree to pay any applicable Membership fees made known to you during registration. Membership fees do not include the cost of Products ordered through the Service. We may use a third party service provider (“Third Party Service Provider”) to process your payment in connection with your use of the Service. You warrant and represent that you are the valid owner or an authorized user of the credit card you provide to such Third Party Service Provider, and that all credit information is accurate. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time without notice to you.
It is important to note that when you sign up to use the Site and the Service, your Membership will automatically renew until you cancel it. You may cancel at any time by notifying us by email: hi@bystadium.com. The cancellation will take effect the following month. Again, if you do not cancel, then your Membership will automatically renew under the same Membership and applicable Membership fees will be charged to your credit card.
3. Auto Checkout
All items in your cart that are scheduled for next day delivery are subject to Auto Check Out, whereby such items will be automatically checked out and charged on delivery at 10:00am EST. You acknowledge and agree to Auto Check Out.
4. Promotional Offers and Credits
Kitchen Stadium, in its sole discretion, may make promotional offers whose features, terms, and rates that are specific to the Users specified in the offers (the “Offerees”). These promotional offers are subject to the terms of this Agreement and are valid only for the Offerees. You acknowledge and agree that promotional offers: (a) may only be used by the Offerees for the intended purpose and in a lawful manner; (b) may not be combined/used in combination; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Kitchen Stadium; (d) are subject to the specific terms that Kitchen Stadium establishes for such promotional offer; (e) cannot be redeemed for cash or cash equivalent; and (f) are not valid for use after the date indicated in the offer. Kitchen Stadium reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Kitchen Stadium determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. Kitchen Stadium reserves the right to modify or cancel an offer at any time.
5. Corporate Payment Plan
By selecting and enrolling in a Corporate Payment Plan, you authorize Kitchen Stadium, in accordance with said plan: (a) to initiate automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify and (b) to initiate charges from your specified credit card.
6. Pre-curated Boxes / Medleys
We try to maintain the pre-curated boxes or Medleys as close to what is depicted on the site, but at times due to availability or any other issue, we may have to make changes in the box. The constitution of the boxes happens at the sole discretion of Kitchen Stadium and are subject to change at any time.
7. Product Images
Product images wherever displayed on the site are for depiction only. The actual product may vary from what is shown in the picture.
8. Dietary Restrictions and Ingredients
We are a snacks and beverages marketplace. We work with third-party CPG brands and do not manufacture snacks & beverages. If items in your order are designated Gluten Free, Keto, Kosher, Nut-free, Vegan, Dairy-free, etc. – we do so based on the information received from the Product Manufacturer. All content related to the above is provided for informational purposes only. We thoroughly research every product. However, we do not represent or warrant that the information accessible through the site and the services is accurate, complete, reliable, current, or error-free, including, without limitation, menus, nutritional, and allergen information, photos, product quality or descriptions, pricing, hours of operation, or reviews. The reliance on any information provided through the service is solely at your own risk, including, without limitation, nutritional and allergen information. Also, manufacturers may change ingredients or alter production practices without our knowledge. Please always read the ingredient label on the actual package before consuming in order to get to know the most current information.
If you have severe food sensitivities or allergies, you should always contact the manufacturer directly to confirm the safety of the product for your situation. We cannot guarantee or take on any liability for such an error – either as a company or on behalf of the manufacturer or provider of the product.
9. Not a Gift Card
Kitchen Stadium can be used to send out treats to your friends, family, colleagues, clients, etc. There is an expiry date associated with such treats and the treat must be redeemed on the site to order your snack stash. Failure to do so within the time frame mentioned both on the site and in the email that users receive, will lead to expiry of the treat and refund of the amount back to the sender.
By using the Site and the Services, you agree that the information you provide to us when you apply for Membership, register an Account, use the Site or the Services, or communicate with us in any way is truthful and accurate; that you will promptly notify us of any changes to such information; and that you will provide us with whatever proof of identity we may reasonably request. You further agree that:
1. You will only use the Site and the Services for lawful purposes; you will not use the Site or the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, us, our employees, or our community.
2. You will only use the Site and the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
3. You will not use the Site and the Services to create or upload any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
4. You agree not to upload, post or otherwise transmit any material that is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any material is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.
5. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of third-party materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, third-party materials or third-party websites, or for any other materials, products, or services of third parties.
6. You will only access the Site and Services using means explicitly authorized by us.
7. You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Site.
8. You will not use the Site or the Services to cause nuisance, annoyance, or inconvenience.
9. You will not use the Site or the Services, or any content accessible therefrom for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling in any manner unless we have given you prior written permission to do so.
10. You will not copy or distribute for republication in any format or media any portion of the Site or the Services, displayed or otherwise, including, without limitation, any menu content or reviews.
11. You will not compile, directly or indirectly, any content displayed through the Site or the Services except for your personal, noncommercial use relating to the Site or the Services.
12. You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
13. You will use the Site and the Services only for your own use and will not directly or indirectly resell, license, or transfer the Site or the Services or content displayed thereby to a third party.
14. You will not use the Site or the Services in any way that could damage, disable, overburden or impair any of our servers, or any account, resource, computer system, and/or network connected to any of our servers.
15. You will not attempt to gain unauthorized access to the Site or the Services and/or to any account, resource, computer system, and/or network connected to any of our servers.
16. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Site or the Services.
17. You will not deep-link to the Site or access the Site manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the Site.
18. You will not conduct any systematic retrieval of data or other content from the Site or the Services.
19. You will not try to harm any User or Users, us, our employees, or the Site or Services in any way whatsoever.
20. You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Site and the Services.
21. You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first time users.
22. You will not attempt, directly or indirectly, to undertake any of the foregoing.
By using the Site and the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your Personal Information as defined in and in accordance with our Privacy Policy located at http://www.bystadium.com/privacy-policy, which is incorporated into this Agreement by reference. Your use of the Site is subject to any and all additional terms, policies, rules, or guidelines applicable to the Site and the Services and any features of sites we link to (collectively, the “Additional Terms”), which are incorporated herein by reference.
Modifications; Changes to Terms of Use
We reserve the right to modify these Terms of Use, the terms and conditions of this Agreement and our policies relating to the Site or the Services at any time, effective upon the posting of an updated version of this Agreement through the Site. You should regularly review this Agreement, as your continued use of the Site and the Services after any such changes constitute your agreement to such changes.
Intellectual Property Ownership
Kitchen Stadium alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Site or the Services, or any intellectual property rights owned by Kitchen Stadium. Kitchen Stadium’s name, logo, and the product names associated with the Site and Services are trademarks of Kitchen Stadium or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or the Services.
Kitchen Stadium may display on its or its affiliated brands website a Member’s company name and logo for marketing purposes.
Third Party Links
The Site may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Kitchen Stadium does not review, monitor, operate and/or control the Third Party Websites and Kitchen Stadium makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Kitchen Stadium is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third Party Websites, including, without limitation, providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Kitchen Stadium reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
The Site and the Services contain material, such as, software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Kitchen Stadium. Content is owned by us or our licensors, and is protected under both. Kitchen Stadium Content includes trademarks, service marks, photos, images, and logos. Kitchen Stadium and its licensors use and display content throughout the Site and/or the Services provided by Kitchen Stadium or its licensors, unless otherwise provided within these Terms or Kitchen Stadium Content directly.
Unsolicited Information
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered non-confidential and non-proprietary; we, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
1. User Content.
Kitchen Stadium may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through Kitchen Stadium, a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Kitchen Stadium’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Kitchen Stadium a license to use your username and/or other User profile information, including without limitation your rating- history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. The license granted to Kitchen Stadium herein shall survive termination of the Services or your account. Kitchen Stadium reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Kitchen Stadium may monitor and/or delete your User Content (but does not assume the obligation) for any reason in Kitchen Stadium’s sole discretion. Kitchen Stadium may also access, read, preserve, and disclose any information as Kitchen Stadium reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Kitchen Stadium, its Users and the public.
2. Feedback.
You agree that any submission of any ideas, suggestions, and/or proposals to Kitchen Stadium through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Kitchen Stadium has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Kitchen Stadium a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use such Feedback.
3. Ratings and Reviews.
To the extent that you are asked to rate and post reviews relating to the Services or Products (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by these Terms of Use. Ratings and Reviews are not endorsed by Kitchen Stadium and do not represent the views of Kitchen Stadium or its affiliates. Kitchen Stadium shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience Services or Products; (ii) you will not provide a Rating or Review for Service or Products for which you have an ownership interest, employment relationship or other affiliation or for any competitor; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits; and (iv) your review will comply with these Terms of Use. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates these Terms of Use, we may remove such User Content without notice.
The Site and the Services are based in the United States and are intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Services, or any content, functions or materials made available to you through the Site and the Services may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, or any Kitchen Stadium Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination
We may terminate these Terms of Use and your access to all or any part of the Site and the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Service at any time without prior notice or liability.
In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Intellectual Property, Indemnification, Disclaimers, Limitation of Liability and Indemnification shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Kitchen Stadium to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York. These Terms of Use contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.
You consent and agree that by ordering you agree to these Terms of Use and the Privacy Policy; ordering constitutes your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and that such electronic signature will meet the requirements of an original signature as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to the enforceability of your signature. At our request, any electronically signed document must be re-executed in original form by you. No party hereto may raise the use of an electronic signature as a defense to the enforcement of these Terms of Use or any amendment or other document executed in compliance with these Terms of Use.
THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KITCHEN STADIUM, ITS AFFILIATES, SUBSIDIARIES, AND ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY THE “KITCHEN STADIUM PARTIES”) DISCLAIM, WITH RESPECT TO THE SITE AND THE SERVICES, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE KITCHEN STADIUM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITE AND THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE KITCHEN STADIUM PARTIES DO NOT DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE SITE AND THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE SITES, AND/OR THE PRODUCTS DELIVERED AND/OR IMAGES, REPRESENTATIONS, OR DESCRIPTIONS THEREOF DISPLAYED ON THE SITE. YOU (AND NOT THE KITCHEN STADIUM PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITE AND THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING SAME. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
THE KITCHEN STADIUM PARTIES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE REASONABLE CONTROL OF KITCHEN STADIUM INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE KITCHEN STADIUM PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE KITCHEN STADIUM PARTIES SHALL NOT BE LIABLE FOR ANY ERRORS OR ISSUES IN CONNECTION WITH ANY ORDERS PLACED OR ATTEMPTED TO BE PLACED THROUGH THE SITE OR THE SERVICES.
THE INFORMATION PRESENTED HEREIN IS BASED ON CONSUMABLES SPECIFIC TO THE LISTINGS ON KITCHEN STADIUM. HOWEVER, NUTRIENT VALUES AND ALLERGENS OF EACH FOOD MAY VARY DUE TO SELECTED PORTION SIZE, THE USE OF CONDIMENTS, SEASONINGS, AND OTHER INGREDIENTS BY OUR CUSTOMERS, AS WELL AS GROWING CONDITIONS, MANUFACTURE FORMULATIONS, OR ANY SUBSTITUTIONS. THE INFORMATION PROVIDED HERE RELATED TO THE SAME ON OUR WEBSITE IS APPROXIMATE AND INTENDED TO BE USED AS A GUIDE ONLY.
AS A MARKETPLACE, WE CANNOT BE HELD ACCOUNTABLE FOR THE ACCURACY OF ANY INGREDIENT OR NUTRITIONAL INFORMATION OF ANY SNACKS OR BEVERAGES & IN CREATING THE SNACKS. NOR CAN WE BE HELD LIABLE FOR ANY ADVERSE REACTIONS CAUSED BY THE PRODUCTS WE SELL.
IN NO EVENT SHALL ANY OF THE KITCHEN STADIUM PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF A KITCHEN STADIUM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE KITCHEN STADIUM PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS AND CONDITIONS OR RELATING THERETO, EXCEED, AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY YOU IN THE ONE (1) MONTH IMMEDIATELY PRECEDING SUCH CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE KITCHEN STADIUM PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
KITCHEN STADIUM DOES NOT ENDORSE OR RECOMMEND ANY MERCHANT AS DEFINED HEREIN OR ANY PRODUCTS PROVIDED BY ANY MERCHANT. KITCHEN STADIUM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION PRODUCTS OR FOR ANY ILLNESS OR OTHER RESULTS OR DAMAGES CAUSED BY ANY PRODUCT, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY PRODUCT.
IF FOR ANY REASON, A PRODUCT AND/OR EXPERIENCE IS UNSATISFACTORY, NOTIFY KITCHEN STADIUM WITHIN 12 HOURS BY EMAIL: hi@bystadium.com. KITCHEN STADIUM MAY REQUIRE THE RETURN OF THE PRODUCT TO INVESTIGATE THE PROBLEM FURTHER.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE KITCHEN STADIUM PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, OR DEMANDS AND RELATING COSTS, DAMAGES AND LIABILITY (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OR RESULTING FROM: (I) YOUR BREACH OF THESE TERMS OF USE; (II) YOUR ACCESS TO, USE, OR MISUSE OF THE SITE AND/OR THE SERVICES; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY, OR PRIVACY RIGHTS; OR (IV) ANY CLAIMS BROUGHT AGAINST ANY KITCHEN STADIUM PARTY BY A RESTAURANT AS A RESULT OF ANY OF YOUR ACTS OR OMISSIONS.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION XVIII OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
1. Scope of Arbitration Agreement.
You agree that any dispute or claim relating in any way to your access or use of the Site and the Services as a consumer of our Services, to any advertising or marketing communications regarding the Company, the Site or the Services, to any products or services sold or distributed through the Site or the Services that you received as a consumer of our Services, or to any aspect of your relationship or transactions with Company as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
CASES HAVE BEEN FILED AGAINST THE COMPANY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.
IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
2. Arbitration Rules and Forum.
This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Business Filings Incorporated, 108 West 13th Street, Wilmington, DE 19801. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, the Company will pay them for you. In addition, the Company will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
3. Arbitrator Powers.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and the Company. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Company.
4. Waiver of Jury Trial.
YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have claims and disputes resolved by arbitration, except as specified in Section XVIII.A above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
5. Waiver of Class or Consolidated Actions.
YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section XVIII.D.
6. Opt Out.
You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can force the other to arbitrate as a result of this Agreement. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Kitchen Stadium or affiliates username (if any), the email address you used to set up your Kitchen Stadium or affiliates account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: hi@bystadium.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
7. Survival.
This Arbitration Agreement will survive any termination of your Membership.
8. Modification.
Notwithstanding any provision in the Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Company.
We may allow third parties to offer goods or Services on the Site. The Company undertakes to be as accurate as possible with all information regarding the goods and Services, including product descriptions, pricing, and images. However, the Company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
We do not sell, offer to sell or solicit sales of alcohol. Our Site enables you to search online for alcohol and other products available for sale by alcohol beverage licensees authorized to sell alcohol directly to consumers (“Licensees”). The Service is not meant to facilitate any improper furnishing of inducements by any manufacturer, importer, supplier, wholesaler or distributor of alcohol beverages to any Licensee of alcoholic beverages or to facilitate any improper exclusionary practices by any alcohol beverage Licensee. When you search for a product, the Service shows you its availability, price and other information based on your location and information provided by the Licensees that service your location; if you prefer, you may sort and filter results based on search criteria. Our Service may be limited or not available at all in some places due to local law or other restrictions.
When you order, it is an offer to purchase from a Licensee. The total purchase amount (plus any additional service fees) may be authorized by your payment card company, but your offer is not accepted by the Licensee at that time. The Licensee reviews your order and decides whether to accept it. If the Licensee decides to accept your order, they will charge your payment card for the purchase amount (plus any additional service fees) and arrange for the delivery, pick-up, or shipment.
Title to, and ownership of, all alcohol beverages passes from a Licensee to the purchaser at the warehouse and state it is purchased in and the purchaser takes all responsibility for shipping it from the warehouse to his/her home state. By arranging for transportation of the alcohol beverages, [INSERT WEBSITE ADDRESS] is providing a service to and acting on behalf of the purchaser. By utilizing this service from [INSERT WEBSITE ADDRESS], the purchaser is representing that he/she is acting in a fashion compliant with his/her local and state laws regarding the purchase, transportation, and delivery of alcohol beverages. The purchaser represents that he/she has obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, is legally entitled to take possession of alcohol beverages and is legally entitled to take quantities ordered and once again authorizes that he/she is 21 years of age.
ALL RISK OF LOSS WILL PASS TO YOU WHEN THE GOODS ARE DELIVERED WITHIN THE STATE IN WHICH THE ALCOHOL BEVERAGE LICENSEE IS LICENSED. MOREOVER, YOU ARE RESPONSIBLE TO KNOW THE LAW OF THE STATE IN WHICH YOU LIVE OR TO WHICH YOU WISH THE GOODS SHIPPED AS THEY RELATE TO THE SHIPMENT AND DELIVERY OF ALCOHOLIC BEVERAGES. YOU ARE RESPONSIBLE TO PAY ANY STATE AND LOCAL EXCISE TAXES AND USE TAXES.
YOU AGREE TO INDEMNIFY US AND TO HOLD US HARMLESS AGAINST ANY DAMAGES (INCLUDING ATTORNEY’S FEES) RESULTING FROM ANY CLAIM THAT THE GOODS PURCHASED BY YOU CANNOT BE LEGALLY SHIPPED INTO THE STATE IN WHICH YOU LIVE BY A PERSON WHO OWNS SUCH GOODS AND HAS PURCHASED THEM FOR HIS OR HER PERSONAL CONSUMPTION OR THAT YOU HAVE EXCEEDED THE AMOUNT OF GOODS WHICH MAY BE SHIPPED INTO THE STATE FOR PERSONAL CONSUMPTION OR THAT ANY TAXES OR DUTIES WHICH MAY BE IMPOSED UPON SUCH SHIPMENT OR CONSUMPTION HAVE NOT BEEN PAID.
Orders, Shipping, and Delivery:
Licensees are solely responsible for all activities related to the sale and provision of alcoholic beverages including but not limited to (a) selecting the products to be offered for sale via the Site (b) setting the purchase price of all products made available for sale via the Site (c) accepting or rejecting all customer orders, and (d) fulfilling all customer orders, including but not limited to completing any deliveries or shipments of orders either directly or through a third-party shipping company, if applicable. The Company shall have no liability to you, any customer, or any other person for lost, unprocessed, or mishandled orders.
