Sidecook reserves the right to do any of the following, at any time, without notice and for any reason: (1) to alter, suspend or terminate operation of or access to any portion of the Site; (2) to alter any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as needed to perform necessary maintenance or other changes.
Use of the Site
You agree not to use the Site to upload or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Sidecook reserves the right to remove any content, posts or profiles that do not meet our quality standards. You agree that the photos you upload onto the site may be used for promotional purposes, and, if you follow Sidecook on social media, any of your photos on the given social media platform may be re-shared. You will be credited for any re-shared photo(s). You will not use any device, software or otherwise to interfere or attempt to interfere with the proper operation of the Site or any transaction on the Site, or with any other person’s use of the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Limitation of Liability
In no event shall Sidecook, its affiliates, agents, directors, employees, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, even if such losses are foreseeable or if Sidecook has been notified of the possibility of such damages.
To the maximum extent permitted by applicable law, Sidecook assumes no liability or responsibility for any (1) errors, mistakes, omissions, or inaccuracies of content; (2) personal injury or property damage of any nature whatsoever, resulting from your access to or use of our Service or Site; (3) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (4) interruption or cessation of transmission to or from the Site; (5) bugs, viruses, or the like that may be transmitted to or through our Site by any third party; (6) user content or the defamatory, offensive, or illegal conduct of any third party.
In no event shall Sidecook, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs of any amount.
You agree to defend, indemnify and hold Sidecook and its subsidiaries, directors, employees, agents, licensors, managers, and other affiliated companies, and their directors, employees, managers, contractors, agents and officers, harmless from any and all claims, damages, obligations, losses, liabilities, and expenses (including, but not limited to attorney's fees), made against Sidecook by any third party due to, arising out of, or in connection with your use of the Site.
End User License
Subject to the terms and conditions of this Agreement, Sidecook grants you a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, non-commercial use only. Sidecook may terminate this license at any time for any reason or no reason.
You are responsible for maintaining the security of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Sidecook of any unauthorized use of accounts or any other breach of security.
We do have a basic screening process in place for anyone who wants to post their profile on the site, however, if you choose to use the Service and/or participate in the Service, you do so at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether expressed or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Sidecook or through the Service will create any warranty not specifically stated in these Terms of Service. Without limiting the aforementioned, Sidecook, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You will be solely responsible for any damage or loss resulting from your use of the Site or Service.
Sidecook Platform Connects Cooks and Users
Sidecook is a neutral platform connecting cooks and patrons. Sidecook.com is not a Service Provider. We make no representations or warranties about the quality of cooking, food handling, food purchasing, hygiene, preparation, cleanup, or other services provided by the cooks, or about your interactions and dealings with other users. Sidecook.com does not employ, recommend or endorse cooks or patrons, and we will not be responsible or liable for the performance or conduct of either party, whether online or offline. You should exercise caution and use your independent judgment before providing services, engaging a cook, or otherwise interacting with users via the Sidecook.com Service. All parties are solely responsible for making decisions that are in the best interests of themselves. We do have a basic screening in place for individuals who want to post their profile on the site, however, IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions with other users and the acts and/or omissions of Cooks and Users, whether online or offline. You acknowledge and agree that YOUR USE AND/OR PROVISION OF SIDECOOK SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
This Agreement, and any rights and licenses granted within, may not be transferred or assigned by you, but may be assigned by Sidecook without restriction. Any attempted transfer or assignment not made or expressly granted by Sidecook shall be null and void.
Sidecook may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. We shall not be responsible for compensation. This Agreement shall remain in effect after your participation in or use of the Service terminates.
This Agreement shall be governed by the internal substantive laws of the State of North Carolina. You agree to submit to the personal jurisdiction of a state court located in Wake County, North Carolina for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that Sidecook has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Sidecook claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach (collectively, "Claims"), by binding arbitration in the state of North Carolina. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney's fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Sidecook from pursuing injunctive or other equitable relief from the courts as necessary to protect any of Sidecook’s proprietary interests. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. By accessing or using the Service or Website, you are waiving the right to a trial by jury or to participate in a class action against Sidecook and any of its employees or affiliates.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Sidecook via the Website, shall constitute the entire agreement between you and Sidecook concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Sidecook’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Copyright @ 2018 Sidecook, LLC. All rights reserved.