Terms and Conditions

SUPPERTIME 

WEBSITE TERMS AND CONDITIONS

Last Modified: 8/5/2021

Acceptance of the Terms and Conditions

These terms and conditions are entered into by and between You and SupperTime, LLC, a North Carolina limited liability company (“SupperTime,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”, “Agreement”, or “Terms of Use”), govern your access to and use of www.suppertimeapp.com, including any content, functionality, and services offered on or through SupperTime (the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://suppertimeapp.com/privacy-policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or our Privacy Policy, do not access or use the Website. Under these Terms, “use“ or “access“ of the WEBSite specifically includes any direct or indirect access or use of the WEBSite or any cached version of the Website and any direct or indirect access or use of any information or content on the Website, regardless of how obtained and the term “WEBSite“ includes, without limitation, any cached version thereof.

Changes to these Terms and Conditions and Terms of Use

SupperTime reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

As long as you comply with these Terms of Use, SupperTime grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

· Making all arrangements necessary for you to have access to the Website.

· Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (found at https://suppertimeapp.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

General Disclaimers

The Website is a venue and SupperTime is not a party to any host and guest agreements or other transaction between Users of the Website.

All Users are responsible for their use of this Website and any transaction entered into as a result of booking a listing (“Experience”). We do not own or manage any property listed on the Website in which these Experiences are conducted. The Website provides an on-line marketplace to allow homeowners and cooking instructors who advertise on the Website (each, a “Host”) to offer cultural experiences, cooking instruction, and food preparation techniques information to potential guests (each, a “Guest” and, collectively with a Host, the “Users”). We also may offer online booking or other tools or services to allow users to communicate with each other and enter into agreements or other transactions. 

We are not a party to any Experiences or other agreement between Users. This is true even if the Website allows you to book an Experience or provides other ancillary products or services, as the Website may facilitate booking an experience or other tools, services or products, but we are not a party to any agreement between Users. As a result, any part of an actual or potential transaction between a Guest and a Host, including the quality, condition, safety or legality of the properties and Experiences advertised, the truth or accuracy of the Experience (including the content thereof or any review relating to any Guest or property), the ability of Guest to join an experience are solely the responsibility of each User. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before booking an experience.

Hosts agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to their Experience listed on the Website and the conduct of their instructional and cultural learning culinary Experiences, including but not limited to any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, cooking school qualifications, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Even though we are not a party to any transaction and assume no liability for legal or regulatory compliance pertaining to dining experiences listed on the Website, we may be legally obligated (as we may determine in our sole discretion) to provide information relating to your Experience in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion. Hosts agree to educate themselves and comply with on all food safety regulations, standards, and best practices. SupperTime recommends all Hosts gain both “Food Handler” and “Food Manager” certification, or appropriate certifications required by local officials. All Hosts agree to submit a background check for SupperTime if requested. 

SupperTime Experiences are private cultural and culinary learning experiences. Experiences are not open to the public. Hosts do not offer a menu. All guests sit at one table together. Guests that attend are immersed in culinary and cultural learning cooking schools through videos, in-home and remote in-person learning, delivery of recipes, and follow up online/messaging consultations. SupperTime holds the fees paid for each event in trust and all fees paid by the User are solely for the learning portion of the Experience. All food related expenses incurred by the Host are the full responsibility of the Host and are not reimbursable. SupperTime hosts are non-professional cooking and cultural instructors who do not draw a professional income from SupperTime Experiences and agree to not to organize SupperTime Experiences on a regular basis and if they do, they agree as a professional to respect applicable regulations and tax for their activity. 

When you book an Experience on the Website, you are agreeing to pay all charges for your booking including the Experience price, applicable taxes and fees. You are also agreeing that SupperTime may charge and collect any security deposit identified during checkout. When you receive the Experience reservation confirmation, a contract is formed directly between you and the Host. The cancellation policy identified in the Experience form part of your contract with the Host.

User verification on the internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user's purported identity. We use email and phone confirmation to verify identities. We encourage you to communicate directly with a potential other Users prior to any Dining Experience through the tools available on the Website. As a User, you expressly acknowledge that the tools provided on the Website cannot guarantee or assure you of the identity of the person with which you are communicating. We further encourage you to take other reasonable measures to assure yourself of the other person’s identity.

You understand that participation in any Experiences available on the Website involve some level of inherent risks and dangers. These may result not only from your own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others. Further, there may be other risks not known to you or reasonably foreseeable at this time. By participating in an Experience, you acknowledge that you understand and have considered the risks involved, and you voluntarily and freely choose to assume these risks. You consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury or medical emergency resulting from or in connection with your participation in programs available on the Website and understand that you are solely responsible for all costs related to such medical treatment and/or medical transportation.

Recipes and other food-related content available on the Website or made available before, during, and after Experiences may not have been formally tested by us or for us and we do not provide any assurances nor accept any responsibility or liability with regard to their originality, quality, nutritional value, or safety. Unless otherwise stated, the recipes featured on the Website and provided by Hosts to Guests are not endorsed by us and we in no way provide any warranty, express or implied, towards the content of recipes. Use your best judgment when cooking or eating raw ingredients such as eggs, chicken, beef, or seafood and seek expert advice before beginning if you are unsure. To ensure the safety of yourself and others, be aware of heated cooking surfaces while cooking or participating in an Experience and take caution when using sharp knives or other cooking implements. Review all ingredients prior to beginning a recipe in order to be fully aware of the presence of substances which might cause an adverse reaction in some consumers. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided by a Host, you assume the risk of any potential injury that may result. As a Host, you are responsible for inquiring into any potential food allergies your Guests may have prior to each and every Experience.

SupperTime does not recommend, facilitate, endorse, or provide for the serving or consumption of alcohol during Experiences nor does SupperTime’s platform accommodate the purchase or sell of alcohol for an Experience. 

In addition, Users acknowledge that the serving or drinking of alcohol during Experiences carries potential risks and dangers beyond the control of SupperTime. Users affirm that they are familiar with North Carolina Social Host Liability Laws, and the Alcohol Law Enforcement laws pertaining to liquor and alcohol at events and Dining Experiences.

Users acknowledge that SupperTime does not provide, sell, make available, or serve alcoholic beverages during Experiences. If alcohol is served or made available during a Experience, the Host of such Experience is solely responsible for any and all damages suffered by any User or third parties as a result of providing alcohol to include, but not limited to, property damage, personal injury, death, disfigurement, or loss of consortium. Hosts acknowledge that it is against the law to serve, provide, or make available alcohol to anyone under the age of twenty-one (21). By listing an Experience and becoming a Host, you agree and affirm that you will not provide anyone under the age of twenty-one (21) with alcohol.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. Additionally, you must not:

· Modify copies of any materials from the Website.

· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this Agreement is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

It is permissible for Users to refer to SupperTime on which they list their Dining Experience in a descriptive manner on the Site or in other permissible communications. However, Users may not refer to SupperTime in any way that might lead someone to believe that your company, property, listing or site is sponsored by, affiliated with, or endorsed by SupperTime. 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with this Agreement and the Terms. You agree not to use the Website:

● In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

● In any way that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party.

● To harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent.

● To attempt to gain unauthorized access to the Website, other computer systems or networks connected to or used together with our products and services, through password mining or other means.

● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards described below. 

● To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

● To impersonate or attempt to impersonate us, one of our employees, another User, or any other person or entity.

● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users, or expose them to liability.

● Introduce software or automated agents or scripts to the website so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

● To engage, directly or indirectly, in transmitting any type of unsolicited solicitation.

● To advertise, offer to sell, or sell any goods or services, unless you receive our prior written consent.

Additionally, you agree not to:

● Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

● Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.

● Use any device, software, or routine that interferes with the proper working of the Website.

● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

● Access (or attempt to access) any of our products or services by any other means other than through the means we provide. 

● Assist any third party in engaging in any activity prohibited by this Agreement.

● Otherwise attempt to interfere with the proper working of the Website.

International Access to Website

We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

User Contributions

The Website may contain message boards, discussion or chat rooms, personal web pages or profiles, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in this Agreement.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that: 

● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

● All of your User Contributions do and will comply with this Agreement. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by SupperTime, are solely the opinions and the responsibility of the User submitting them and do not necessarily reflect the opinion of SupperTime. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Website.

If you believe that any User Contributions violate your copyright, please email [info@suppertimeapp.com] to provide a notice of copyright infringement. It is the policy of SupperTime to terminate the user accounts of repeat infringers. 

Monitoring and Enforcement; Termination

SupperTime has the right to:

● Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

● Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for SupperTime.

● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 

● Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement.

However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable or inaccurate material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

● Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

● Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://suppertimeapp.com/privacy-policy.

● Be likely to deceive any person.

● Promote any illegal activity, or advocate, promote, or assist any unlawful act.

● Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

● Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

● Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including User Contributions and other materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy https://suppertimeapp.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

This Website may provide certain social media features that enable you to:

● Link from your own or certain third-party Websites to certain content on this Website.

● Send emails or other communications with certain content, or links to certain content, on this Website.

● Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party Websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

● Establish a link from any Website that is not owned by you.

● Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other Website, for example, framing, deep linking, or in-line linking.

● Link to any part of the Website other than the homepage.

● Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website

If the Website contains links to other Websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE Website, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Website WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR Website OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Raleigh and Wake County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Dispute Resolution and Binding Arbitration

YOU AND SUPPERTIME ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO (A) YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE Website OR (B) YOUR USE OF THIS Website, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. 

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SUPPERTIME WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Notices

To You

We may provide any notice to you under this Agreement: (i) sending a message to the e-mail address you provide or (ii) by posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

To Us

To give us notice under this Agreement, you must contact us as follows: (i) by email to [info@suppertimeapp.com]; or (ii) by personal delivery, overnight courier or registered or certified mail at 3608 Bunting Drive, Raleigh, NC 27616. We may update the addresses for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Electronic Communications

You agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement

This Agreement and our Privacy Policy constitute the sole and entire agreement between you and SupperTime regarding the use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.