Last updated July 27th, 2016
Welcome to Whisk & Flour and our Terms and Conditions (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Whisk & Flour LLC or our subsidiaries or other affiliates (collectively, “Whisk & Flour,” “we,” “us” or “our”) that link to these Terms, you acknowledge that you have read, understood, and agreed to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive, or use the dessert ingredients, food products, the boxes, or other products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect to any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
Whisk & Flour reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Sites. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Sites and to change, suspend or discontinue any aspect of the Sites and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. Your continued use of the Sites will constitute your acceptance of any such changes.
In no event shall your use of the Sites include any attempts to copy, reproduce, change, reverse-engineer, de-compile, disassemble, translate, make derivative works, enhancements, extensions or add-ons, modify, adapt or otherwise alter any portion of the Sites. Any attempt to do so is a violation of the rights of Whisk & Flour and its licensors. If you breach this restriction, you may be subject to prosecution and damages. These terms will govern any upgrades provided by us that may replace and/or supplement the Sites, unless such upgrades are accompanied by a separate license in which case the terms of that license will govern.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you (a “Member”) represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Whisk & Flour account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
3. Registration, Passwords, and Communication Preferences
You may browse our site and view our content without registering, but as a condition to accessing certain services on the Sites, you will be required to provide specific information. All information about you must be truthful, accurate and complete, and you may not use any aliases or other means to mask your true identity, a name or trademark that is subject to any rights of another person or entity without receiving appropriate authorization, or a name that is offensive, vulgar, or obscene. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account. You agree to maintain and promptly update from time to time as necessary your account information.
Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
By registering with Whisk & Flour, you also consent to receive electronic communications from Whisk & Flour (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Terms of Sale
Whisk & Flour offers two subscription types: (1) set term (“Set Term”), with options including 1 month, 3 months, 6 months, and 12 months (“Term Length”) and (2) on-going (“Month-to-Month”). Note that we deliver to the contiguous U.S. only.
4.1.1 Set Term Subscriptions
By purchasing a Set Term subscription, you expressly acknowledge and agree that (A) Whisk & Flour (or our third party payment processor) is authorized to automatically charge your payment method for each month for your Term Length; and (B) your subscription is continuous until the end of your Term Length or we suspend or stop providing access to the sites or products in accordance with these terms.
You may cancel your Set Term subscription at any time. Please refer to the Cancellation Policy, which are incorporated herein.
4.1.2 Month-to-Month Subscriptions
By purchasing a Month-to-Month subscription, you expressly acknowledge and agree that (A) Whisk & Flour (or our third party payment processor) is authorized to automatically charge your payment method for each month for as long as your subscription continues; and (B) your 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 cancel your Set Term subscription at any time. Please refer to the Cancellation Policy, which are incorporated herein.
4.3 Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscriptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
Once your free trial ends, Whisk & Flour (or our third party payment processor) is authorized to automatically charge your payment method for each month for as long as your subscription continues, unless you cancel your subscription in accordance with the Cancellation Policy, which are incorporated herein.
Please note that you will not receive a notice from us that your free trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate free trials at any time, without notice and in our sole discretion.
4.4 Whisk & Flour Market
The Whisk & Flour Market, when launched, will be an online marketplace where you can purchase various kitchen, cookware, bakeware, pantry and other Products from us.
4.5 Cancellation Policy
You may cancel your Set Term or Month-to-Month subscription at any time, by logging into your account or emailing us at email@example.com and following the instructions, if any, we provide you in response to your cancellation request.
The cancellation of a box shipment must be made prior to the next billing date. If you cancel your subscription after your next billing date, your cancellation will be taken into account after you have received your box and no refund will be provided.
In the event you cancel, please note that we may still send you promotional communications about Whisk & Flour, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
4.6 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Whisk & Flour account, you can do so at any time by logging into your account and editing your payment information.
If any fee is not paid in a timely manner, or we are unable to process your transaction using the payment information provided, we reserve the right to suspend or revoke access to your account. We may add new fees and charges from time to time. If you want to use a different payment card or if there is a change in payment card validity or expiration date, you may edit your information by accessing your account page. It is your responsibility to keep your contact information and payment information current and updated.
Charges are processed immediately during checkout in accordance with the details displayed to you during the checkout process.
We utilize a designated third-party payment platform to process payment card transactions for your subscriptions and purchase. We are not liable for any loss or damage from errant or invalid transactions processed through the third-party payment platform.
The Products displayed on our Sites can be ordered and delivered only within the U.S.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
We reserve the right to refuse or cancel any Orders placed for Products listed at an incorrect price, or containing any other incorrect information or typographical errors, whether or not the Order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your Order is canceled, we will promptly issue a credit to your credit card account in the amount of the charge.
4.7 Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices or add fees as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of dessert ingredients, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies, which are incorporated herein.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific dessert ingredients or entire desserts) without prior notice. We strive to provide you with high-quality Products, and given market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at firstname.lastname@example.org.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.9 Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from the Whisk & Flour, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary.
You agree that you will not obtain, or direct shipment of, a Product for export.
All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. In the unlikely event that you have any reason to believe that any other Product in your delivery is not suitable for consumption, contact us at email@example.com and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups, which can be found here.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date.
All Products returned to us because of non-deliverable issues will be credited back to you minus the actual cost of shipping and, in certain cases, a handling fee.
4.11 No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
4.12 Returns and Refunds
If you receive damaged ingredients, please contact us at firstname.lastname@example.org within seven (7) days of the date you received the Products and we will either replace the dessert or dessert ingredient at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that dessert or dessert ingredient. We may require the return or photographic documentation of the damages before we provide you a replacement, credit or refund.
If your Product does not arrive within seven (7) days of the date you were scheduled to receive the box, please contact us at email@example.com and we will either replace the Product at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that Product. However, if the missing Product is due to an incorrect shipping address entered by the customer at checkout, no replacement will be sent.
We believe we create fantastic recipes, send quality ingredients, and provide easy to follow instructions so you can make desserts that the majority of people will love. In the unlikely event that you do not like how the dessert comes out, we cannot do refunds or exchanges. We suggest giving it a try or sharing the desserts with others! Yummy is in the eye of the beholder.
If you are dissatisfied with any Product you purchased through the Whisk and Flour Market, you may return the Product within thirty (30) days of the date you received the Product by contacting firstname.lastname@example.org and following the shipping instructions we supply; provided, that all returned Products must be unused and in their original packaging. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.
4.13 Product Substitutions
In the rare event that you purchase a Product that is not in stock, we will provide you with a Product substitute recommendation. We require your approval for Product substitutions and will not process your Order until you approve a Product substitution.
5. Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Sites is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Sites will be available.
6. Use of the Sites
You may use the Sites only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Sites. Any other use of the Sites requires the prior written consent of Whisk & Flour. You may not otherwise copy, modify, or distribute the contents of this Sites without the express written permission of Whisk & Flour. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit any of the content, in whole or in part, found on the Sites.
We require every Member to agree not to use the Sites, and specifically prohibit any use of the Sites, for any of the following purposes:
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. Further, you may not use any such automated means to manipulate the Sites, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Sites or any other user’s use of the Sites, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Sites, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Sites within another web site. You may not resell use of, or access to, the Sites to any third party without our prior written consent.
7. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Sites (collectively, “Content”) are the property of Whisk & Flour or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Sites. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Whisk & Flour. All of our Sites’ content is Copyright 2016 Whisk & Flour LLC. All rights reserved. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Whisk & Flour.
Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Sites. All rights not granted under these Terms are reserved by Whisk & Flour.
We may allow you to upload content on the Sites, including photos, comments, messages, suggestions reviews and feedback. You may be able to share your content with other users via the Sites. It must be emphasized that we cannot prevent other users from taking screen shots or captures or from downloading your content and subsequently making your content publicly available. We and other users may retain and continue to use, host, display, store, cache, reproduce, publish, transmit, modify, re-format, re-arrange, distribute, and create derivative works of any of your content that you have posted to the Sites. If the potential for public dissemination of your content concerns you, please do not share that content. Please note that recipients of content are not allowed to download or maintain a copy of such shared content.
You, and not us, are entirely responsible for all content that you upload, post, transmit or otherwise make available via the Sites. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, Intellectual Property Rights infringement claims regarding such content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available via the Sites.
We have the right, but no obligation to review any of your content for any purpose, including but not limited to, for accuracy, legality or non-infringement. You warrant and represent to us that you have the right to enable the Sites to use your content without violating any rights you might have in such content or any third party rights in such content. You may remove your content from the Sites at any time; however you acknowledge that we may retain archived copies of your content.
Users of the Sites may post copyrighted information which has copyright protection whether or not it is identified as copyrighted. We reserve the right, but have no obligation, to monitor such content, and, as such, we do not control or guarantee the accuracy, integrity or quality of user content. You acknowledge that by using the Sites, you may be exposed to user content that is offensive, indecent or objectionable.
By making your content available to our Sites, you are granting us a non-exclusive, royalty-free, worldwide license to use, host, display, store, cache, transmit, modify, re-format, re-arrange, and adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Sites is available), and create derivative works of your content. The rights you grant to us are for the limited purpose of operating and providing the Sites, improving the Sites, and allowing us to develop new services. The reference in this license to “derivative works” is not intended to give us a right to make substantive changes or derivations to your content, but does enable other users to redistribute your content by means of their own accounts in a manner that allows users to, for example, add captions, text, commentary, filters, photo-editing, or other content in connection with your content.
Opinions, advice, statements, offers, or other information or content made available through the Sites, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Sites. We also do not adopt or endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Sites, or transmitted to users.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray Whisk & Flour or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Whisk & Flour logo or other proprietary graphic of Whisk & Flour to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Whisk & Flour trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.
Whisk & Flour makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
9. Third Party Content
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Whisk & Flour is not responsible or liable in any manner for such interactions or Third Party Content.
Links to third party websites are not endorsements or referrals of any products, services or information contained in such websites. Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly disclaim any and all liability resulting from reliance on such information or opinions. Some products, manufacturers and service providers may be mentioned in or on the Sites. Mention of these products, manufacturers or service providers does not constitute an endorsement by us. We shall have the right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by users as offensive.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:
11. Contributed Content Guidelines
Whisk & Flour values your engagement. When contributing content, please consider the following guidelines:
We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via email@example.com.
You assume all responsibility and risk with respect to your use of the Sites. THE SITES, AND ALL CONTENT, MERCHANDISE, PRODUCTS AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITES OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, WHISK & FLOUR DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Whisk & Flour makes no warranties of any kind regarding any non-Whisk & Flour sites to which you may be directed or hyperlinked from this Sites. Hyperlinks are included solely for your convenience, and Whisk & Flour makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Whisk & Flour sites. Whisk & Flour does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Sites.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
Under no circumstances will Whisk & Flour be responsible for any loss or damage resulting from your reliance on nutritional information ASSOCITATED with the PRODUCTS or the Products NOT BEING COMPATIBLE with your specific dietary needs and restrictions. You should always seek the advice of a physician or Registered Dietician for your own specific conditions or dietary needs. We will not be liable for any health issues resulting from the consumption of ingredients to which you or a member of your household is allergic or that is harmful to you in any way.
Any statements made about our Products have not been evaluated by the U.S. Food and Drug Administration. The statements and Products presented on our Sites are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients provided in the Products to avoid potential allergic reactions.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WHISK & FLOUR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
No oral information or advice provided by us, our resellers, agents or employees shall create a warranty or in any way.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Whisk & Flour, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Whisk & Flour Parties”), from and against all actual or alleged Whisk & Flour Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any contributed content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Whisk & Flour of any third party Claims and cooperate with the Whisk & Flour Parties in defending such Claims. You further agree that the Whisk & Flour Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Whisk & Flour.
14. Limitation of Liability
IN NO EVENT SHALL WHISK & FLOUR OR ANY OF THE OTHER WHISK & FLOUR PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WHISK & FLOUR HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF WHISK & FLOUR AND THE OTHER WHISK & FLOUR PARTIES (JOINTLY) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THESE SITES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WHISK & FLOUR IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. Whisk & Flour is not liable for any harms inflicted on an individual that may result from the Products that are sold on the Sites. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Sites.
Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
15. International Use
We control and operate the Sites from the United States. We make no representation that materials on the Sites are appropriate or available for use outside the United States. If you choose to access this Sites from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Copyright Infringement; Notice and Take Down Procedures
Whisk & Flour specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on these Sites infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Whisk & Flour will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: Whisk & Flour LLC P.O. Box 291501, Los Angeles, CA 90029.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
To contact us with any questions or concerns in connection with these Terms or the Sites, or to provide any notice under these Terms, please contact us.
17. Modifications to the Sites and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.
18. Dispute resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WHISK & FLOUR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
18.1 Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Whisk & Flour agree (a) to waive your and Whisk & Flour’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and Whisk & Flour’s respective rights to a jury trial. Instead, you and Whisk & Flour agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
18.2 No Class Arbitrations, Class Actions or Representative Actions
You and Whisk & Flour agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and Whisk & Flour and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Whisk & Flour agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Whisk & Flour agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
18.3 Federal Arbitration Act
You and Whisk & Flour agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
18.4 Notice; Informal Dispute Resolution
You and Whisk & Flour agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Whisk & Flour shall be sent by certified mail or courier to Whisk & Flour LLC P.O. Box 291501, Los Angeles, CA 90029. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Whisk & Flour account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Whisk & Flour cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Whisk & Flour may, as appropriate and in accordance with this Section 18, commence an arbitration proceeding or, to the extent specifically provided for in Section 18.1, file a claim in court.
Except for Disputes arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Whisk & Flour agree that any Dispute must be commenced or filed by you or Whisk & Flour within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Whisk & Flour will no longer have the right to assert such claim regarding the Dispute). You and Whisk & Flour agree that (a) any arbitration will occur in the State of California, County of Los Angeles, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the County of Los Angeles, State of California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
18.6 Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
18.7 Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 18 will remain valid and enforceable. Further, the waivers set forth in Section 18.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
18.9 Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by writing to: Whisk & Flour LLC P.O. Box 291501, Los Angeles, CA 90029. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
19. Governing Law and Venue
These Terms, your access to and use of the Sites and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the County of Los Angeles, State of California and the United States, respectively.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
21. Audit Rights
You agree that we may audit your use of the Sites for compliance with these Terms at any time. In the event that such audit reveals any use of the Sites by you other than in full compliance with these Terms, we shall have the right to immediately cancel your account, and you shall reimburse us for all reasonable expenses related to such audit in addition to any other liabilities to which you may be subject as a result of such non-compliance. You acknowledge that we shall have the right to enforce the provisions of these Terms directly against you and our remedies for any breaches may include, without limitation, damages or injunctive or other equitable remedies.
22. E-mail and Text Communications
E-mail communications and text messages sent from us to you are designed to make your experience more efficient and enjoyable. You specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available sales and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your mobile device carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. We reserve the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, you shall have the opportunity to opt out of receiving communications from us (excluding messages targeted directly at you about matters regarding the state of your account, billing, or your continued use of the Sites).
23. Surveys and Feedback
We may periodically present you with surveys or solicit your opinion about the Sites. You acknowledge that your participation in these types of programs is completely voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these surveys, any suggestion or feedback webpages, or through any other communication with you, you acknowledge and agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (e) the suggestions and feedback you provide will automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
WE DO NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SERVICE UNLESS OTHERWISE STATED AND ARE THEREFORE NOT LIABLE OR RESPONSIBLE FOR SUCH PROMOTIONS.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
26. Waiver; Remedies
The failure of Whisk & Flour to partially or fully exercise any rights or the waiver of Whisk & Flour of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Whisk & Flour or be deemed a waiver by Whisk & Flour of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Whisk & Flour under these Terms and any other applicable agreement between you and Whisk & Flour shall be cumulative, and the exercise of any such right or remedy shall not limit Whisk & Flour’s right to exercise any other right or remedy.
Those provisions in these Terms that by their nature are intended to survive termination or expiration of this Agreement shall so survive.
Questions: Should you have any questions regarding these Terms you may contact us at firstname.lastname@example.org.