Please read this agreement carefully to ensure you understand each provision.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
We may update these Terms and Conditions from time to time in our sole discretion. The modified Terms and Conditions will be effective 30 days following posting and you agree to the new posted Terms and Conditions by continuing your use of the Site and/or placing an order. Each time you use the Site or place an order, you reaffirm your acceptance of the then-current Terms and Conditions, and your agreement to be bound hereby. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. If you do not agree with the modified Terms and Conditions, you should stop using the Site.
ParTake Kitchen reserves the right to withdraw or amend this Site, and any service or material we provide on the Site, in its sole discretion without notice. ParTake Kitchen will not be liable if for any reason if all or any part of the Site is unavailable at anytime or for any period. From time to time, ParTake Kitchen may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
By using our Site, you represent that you have reached the age of majority where you live and that you have the legal ability to accept these Terms and Conditions and to use the Site in accordance with these Terms and Conditions.
ParTake Kitchen is located in Medina, Ohio and the products and services offered are intended to be purchased by individuals who are able to pick up their purchases at our location during the pickup day and time specified. Products purchased on this Site cannot be shipped and delivery service is currently not offered.
ParTake Kitchen does not claim to diagnose, treat or cure any health conditions. ParTake Kitchen provides health information solely for informational purposes. Weight loss and health results are not guaranteed. Actual results will vary widely from individual to individual. You should consult a physician before making any changes to your diet. By purchasing from ParTake Kitchen, you acknowledge that ParTake Kitchen does not make any claims, guarantees, explicit or implied, for any specific results. You also acknowledge that it is possible to gain weight on a program. Failure to lose weight or meet your desired results will not be grounds for a refund or to seek any damages against ParTake Kitchen.
IMPORTANT HEALTH INFORMATION
People who decide to consume ParTake Kitchen’s meals do it in their own sole discretion, and ParTake Kitchen is not responsible or liable for any damages caused, hospitalization, allergic or health reactions, or any related bills.
Please consult your physician before beginning any nutrition plans provided by ParTake Kitchen if you are purchasing meals to aid in a health or weight loss program, as changing your diet or exercise, or losing weight, may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program. Check with your physician regarding vitamins and supplements you should be taking, such as vitamin B12. You should discuss your nutritional needs and plans regarding ParTake Kitchen with your physician if there are any changes in your medical condition(s). It is also important to be aware of certain risks that have been associated with weight loss. Any weight loss program may cause constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, reduced tolerance to cold, as well as other possible side effects.
We use gluten-free ingredients, but we are not in a 100% gluten-free kitchen, we do however take all food allergens VERY SERIOUSLY. All of our allergen related foods are prepared first to avoid cross-contamination.
PLEASE NOTE THAT THE EIGHT (8) MAJOR ALLERGENS, AS DETERMINED BY THE US FOOD AND DRUG ADMINISTRATION (WHEAT, EGG, SOY, MILK, TREENUTS, PEANUTS, FISH, AND SHELLFISH) ARE STORED, PORTIONED, AND PACKAGED IN PARTAKE KITCHEN’S FACILITY, AND POSSIBLY IN SUPPLIER’S FACILITIES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE STORE, PORTION AND PACKAGE THESE PRODUCTS, AND WHILE PARTAKE KITCHEN TAKES PRECAUTIONS TO LIMIT ANY CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THUS, THE RESPECTIVE MEALS MAY CONTAIN SOME OR ALL OF THE ALLERGENS LISTED. 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. PARTAKE KITCHEN DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE ALL INGREDIENTS ARE NOT LISTED. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONTACT PARTAKE KITCHEN DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.
When purchasing meals, the credit card used for the transaction will be billed at the time of purchase for both Monday and Wednesday Pickup Meals. Changes cannot be made to orders after they have been placed.
100% CUSTOMER SATISFACTION GUARANTEE
At ParTake Kitchen, all of our meals are backed up with our 100% customer satisfaction guarantee. If you are not happy with a meal for any reason, please contact our customer service team at [email protected] within seven days of your pick up or delivery time and we will replace the meal or credit you at our expense. ParTake Kitchen may require the return or photo documentation of the meal(s) that you are not satisfied with before we replace or credit the meal.
It is your Responsibility to Protect Your Account.When you sign up to use the Site and create an account, you will be asked to create an account and establish a password. You are entirely responsible for maintaining the confidentiality of your password and you are entirely responsible for all activity made by you or anyone you allow to use
Should you create an account with ParTake Kitchen, you agree to: (1)provide the accurate and up-to-date information, as well as updating the information as necessary; (2) create a secure password, maintain the security of that password, safeguard your account password from access by others and accept the risks associated with access to your account which is not authorized by you; (3) indemnify and hold harmless ParTake Kitchen for losses incurred by ParTake Kitchen or another party due to someone else using your account or password, and (4) notify us as soon as possible either at [email protected] or call (330) xxx-xxxx if you believe there have been any breaches to the security of the Site or your account information.
ParTake Kitchen has the right to disable any user name, password or other identifier, whether chosen by you or provided by ParTake Kitchen, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of these Terms and Conditions.
Activities Prohibited on the Site
- The following is a partial list of the kinds of conduct that are illegal or prohibited on the site. ParTake Kitchen reserves the right to investigate and take appropriate legal action against anyone who, in the sole discretion of ParTake Kitchen, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and ParTake Kitchen;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- Develop any third party applications that interact with User Content or the Sites without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality; or
- Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
ParTake Kitchen Intellectual Property
The entire contents of the Site or Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. ParTake Kitchen holds the copyright in the collective work. The collective work includes works which may be property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site or Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.
The Site 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 ParTake Kitchen or its affiliates, 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.
These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.
You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease 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 Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by ParTake Kitchen. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The ParTake Kitchen name, logo and all related names, logos, product and service names, designs and slogans are trademarks of ParTake Kitchen. or its affiliates or licensors. You must not use such marks without the prior written permission of ParTake Kitchen. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting ParTake Kitchen (as set forth below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed.
- Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to ParTake Kitchen 236A N. State Rd. Medina, OH 44256. In an effort to protect the rights of copyright owners, ParTake Kitchen maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Changes to the Site
ParTake Kitchen may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and ParTake Kitchen is under no obligation to update such material.
Information About You and Your Visits to the Site
Online Purchases and Other Terms and Conditions
All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by these Terms and Conditions.
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Links from the Site
If the Site contains links to other sites 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. ParTake Kitchen has no control over the contents of those sites or resources, and accepts 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Sites and/or Site may include content provided by third parties, including 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 ParTake Kitchen, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ParTake Kitchen. ParTake Kitchen is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Sites and/or Site and the content are provided on an “as is” and “as available” basis.
TO THE FULLEST EXTENT PERMITTED BY LAW, PARTAKE KITCHEN, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
ParTake Kitchen makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. ParTake Kitchen cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. ParTake Kitchen cannot and does not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. ParTake Kitchen cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. ParTake Kitchen does not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected.
ParTake Kitchen may disable all or any social media features and any links at any time without notice in our discretion.
Limitation of Liability
ParTake Kitchen’s entire liability and your exclusive remedy with respect to any dispute with ParTake Kitchen is to discontinue your use of the site. ParTake Kitchen and its vendors shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of the sites and/or site or for any other claim related in any way to your use of the sites and/or site. these exclusions for indirect, special, incidental, consequential or exemplary damages include, without limitation, damages for health-related issues, lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if ParTake Kitchen had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ParTake Kitchen and its vendors’ liability shall be limited to the extent permitted by law.
You agree to indemnify, defend, and hold ParTake Kitchen, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or your use of the Sites and/or Site, including, but not limited to, any content that you may post, any use of the Sites’ AND/OR Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Sites and/or Site.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Ohio, without regard to its conflict of laws rules.
Resolving Disputes — Arbitration
Most customer concerns can be resolved quickly and to the customer’s satisfaction BY emailing our customer service department at [email protected]artakekitchen.com. If ParTake Kitchen’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if ParTake Kitchen has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
All disputes or claims that arise under or related to these Terms and Conditions (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration in accordance with the rules of the American Arbitration Association (“AAA”). Unless you and ParTake Kitchen agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. ParTake Kitchen agrees that it will pay a consumer’s filing fee FOR the arbitration.
You agree TO arbitration ON an individual basis. IN ANY dispute, NEITHER CUSTOMER NOR PARTAKE KITCHEN SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If ANY provision of this arbitration agreement IS FOUND unenforceable, the unenforceable provision shall be severed, AND the remaining arbitration terms shall be enforced (but IN NO CASE shall there be a class arbitration).
The arbitrator shall be empowered TO GRANT whatever relief would be available IN court under law OR IN equity. ANY award of the arbitrator shall be final AND binding ON EACH of the parties, AND may be entered AS a judgment IN ANY court of competent jurisdiction. This TRANSACTION AND the arbitration shall be governed BY the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
Waiver AND Severability
NO waiver BY ParTake Kitchen of ANY of the terms AND conditions SET forth IN these Terms AND Conditions 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 ParTake Kitchen TO assert a RIGHT OR provision under these Terms AND Conditions shall NOT constitute a waiver of such RIGHT OR provision.
IF ANY provision of these Terms AND Conditions 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 AND Conditions will CONTINUE IN FULL FORCE AND effect.