TERMS AND CONDITIONS OF SERVICE
January 13, 2014
Welcome to the terms and conditions for Cookunity.com and the services offered therein (collectively, the “Cookunity Platform”), an application owned and operated by Cookunity LLC. (“Cookunity”).
Please read the following terms and conditions carefully. By using the Cookunity Platform, you acknowledge that you have read, understand, and expressly agree to be legally bound by these terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR REGISTER FOR THE SERVICES PROVIDED ON THE COOKUNITY PLATFORM. Cookunity reserves the right to amend these terms and conditions at any time. The amended terms and conditions will be made effective immediately upon posting on the Cookunity Platform.
Use of the Cookunity Platform is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Cookunity Platform. To register as a cooking enthusiast or foodie (collectively, hereinafter referred to as “user”), you must provide your real name, address, phone number, e-mail address, and valid credit card information.
What is Cookunity?
The Cookunity Platform provides a means to enable food enthusiasts (“Cooking enthusiasts”) to be matched with persons looking for tasty and home-made meals ("Foodies"). We offer a community marketplace for them to connect. For purposes of this Agreement these services shall collectively be defined as the "Services" or “Food Trade”. This Agreement describes the terms and conditions that will govern Your use of and participation in the Cookunity Platform.
Purchases, Fees and Payments
You may elect to make a payment for the food a cooking enthusiast has prepared. The decision whether to make a payment is at your sole discretion, and the cooking enthusiast will not receive any compensation or consideration for providing you a meal or any type of food other than the amount of this payment.
As a Cooking enthusiast, You may receive from a Foodie a payment for the meals you have prepared. You acknowledge that the decision to provide such payment is at the Foodie’s sole discretion, and that You will not request from Foodies or receive any compensation or consideration for providing a meal to the Foodie other than the amount (if any) of the payment.
Cookunity receives an administrative fee of up to 15% (the “Administrative Fee”) of each payment of more than $0 that a Foodie makes to a Cooking enthusiast.
If you elect to make a payment to a cooking enthusiast, the full amount of the payment is charged following completion of such election to your authorized credit card and transferred to such cooking enthusiast’s account. The payment process is powered by Stripe (for further doubts check www.stripe.com). ALL PAYMENTS ARE NON-REFUNDABLE. We encourage you to check these terms and conditions periodically for any changes.
Cookunity, at its sole discretion, may make available promotional offers with different features to any user. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract with the cooking enthusiast.
Cookunity shall not bear any liability for any cost, expense, loss or damage that you may suffer or incur as a result of a cooking enthusiast’s or Foodie’s cancelation of a food trade.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Our Services are not available to children (persons under the age of 18) or to temporarily or indefinitely terminated Participants. By becoming a registered user of the Cookunity Platform, you represent and warrant that you are at least 18 years old. By using the Cookunity Platform, you represent and warrant that you have the right, authority and capacity to agree to these terms and conditions.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Cookunity for accessing your account on the Cookunity Platform. You are solely and fully responsible for all activities that occur under your password or account. Cookunity has no control over the use of any user's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Cookunity immediately.
Term and Termination
Either you or Cookunity may terminate your participation in the Cookunity Platform by removing your Information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, Cookunity will remove all of your information from its servers, though it may retain an archived copy of records it has about you as required by law or for legitimate business purposes. Cookunity maintains sole discretion to bar your use of the Cookunity Platform in the future, for any or no reason. Even after your participation in the Cookunity Platform is terminated, these terms and conditions will remain in effect.
Additionally, Cookunity may at any time, at its sole discretion, cease the operation of the Cookunity Platform or any part thereof, temporarily or permanently, without giving you any prior notice. You agree and acknowledge that Cookunity does not assume any responsibility with respect to, or in connection with the termination of Cookunity's operation and loss of any data, including user generated content, as a result, as long as your pending reservation is handled properly.
“Your Information” is any information you provide, publish or display ("post") to the Cookunity Platform or send to other users in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("Your Information"). Your Information will be stored on computers. You consent to Cookunity using Your Information to create a user account that will allow you to participate on the Cookunity Platform. You are solely responsible for Your Information and your interactions with other people on the Cookunity Platform, and understand that Cookunity acts only as a passive conduit for the online posting of Your Information. When you use the Cookunity Platform, you agree to provide accurate, current and complete information as prompted by Cookunity’s registration form and to maintain and timely update Your Information to keep it accurate, current and complete at all times. You agree that Cookunity and others may rely on Your Information as accurate, current and complete. You acknowledge that if Your Information is untrue, inaccurate, not current or incomplete in any respect, Cookunity has the right to terminate your use of the Cookunity Platform.
By accepting this Agreement, a Cooking enthusiast agrees that we may obtain information about him/her, including without limitation to references and credit information. A Cooking enthusiast hereby authorizes us to perform a background check on the Cooking enthusiast, and further agrees to provide any necessary authorization to facilitate Our access to the Cooking enthusiast’s information, references and credit information during the term of the Agreement.
Cookunity makes no effort to verify the identity of its users and/or the veracity, accuracy and reliability of any communication and/or content provided by them. Cookunity encourages you to act prudently and to exercise discretion and sound judgment in your use of the Cookunity Platform and in your interaction with other users and, to this end, to make use of any and all tools available to you, trough the Cookunity Platform or otherwise, to communicate directly with other users, members, or cooking enthusiasts, and to share with them information about your experiences using the Cookunity Platform.
Social Media and Networking Sites
As part of the functionality of the Cookunity Platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: providing your Third Party Account login information through the Cookunity Platform, or allowing Cookunity to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Cookunity and/or grant Cookunity access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Cookunity to pay any fees or making Cookunity subject to any usage limitations imposed by such third party service providers. By granting Cookunity access to any Third Party Accounts, you understand that Cookunity may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “TPA Content”) so that it is available on and through the Cookunity Platform via your account, including without limitation any friend, contacts or following/followed lists, and Cookunity may submit and receive additional information to your Third Party Account as indicated herein. Unless otherwise specified in herein, all TPA Content, if any, shall be considered to be Your Information and your content. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through the Cookunity Platform. Please note that if a Third Party Account becomes unavailable or the Cookunity Platform’s access to such Third Party Account is terminated by the third party service provider, then TPA Content may no longer be available on and through the Cookunity Platform. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Cookunity makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Cookunity is not responsible for any TPA Content.
In order to register on Cookunity and enjoy the Service as a Cooking enthusiast, all you need is enter the "Add Meal" registration segment on the Service and fill out your profile page. You will receive a confirmation for joining our Service via email to the email address you provided us upon registration.
When registering on Cookunity you must provide the Company only with true, accurate and complete information. Otherwise, we will not be able to provide you with the Service and to contact you when necessary.
Note that either as a Cooking enthusiast or as a Foodie, you will be able to edit your personal profile information at any point, adding or removing any information as you see fit. Information included in your profile which is marked as public shall be available to other Users on Cookunity and to all Internet users.
You agree that you will use the Cookunity Platform in a manner consistent with any and all applicable laws and regulations. Cookunity reserves the right, but is not obligated, to investigate and terminate your participation in the Cookunity Platform if you have misused the Cookunity Platform or engaged in unlawful or illegal conduct. With respect to your participation on the Cookunity Platform, you agree that you will not: impersonate any person or entity; "stalk" or otherwise harass any person; express or imply that any statements you make are endorsed by Cookunity, without Cookunity’s specific prior written consent; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Cookunity Platform or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained on the Cookunity Platform; interfere with or disrupt the Cookunity Platform or the servers or networks connected to the Cookunity Platform; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Cookunity Platform; "frame" or "mirror" any part of the Cookunity Platform, without Cookunity’s prior written authorization or use meta tags or code or other devices containing any reference to Cookunity or the Cookunity Platform in order to direct any person to any other web site for any purpose; or modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Cookunity Platform or any software used on or for the Cookunity Platform or cause others to do so.
You further agree that Your Information and your interactions on the Cookunity Platform shall not be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; include in Your Information any telephone numbers, street addresses, last names, URL's or e-mail addresses other than where explicitly asked for it in the your registration and profile section; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for Cookunity or cause Cookunity to become subject to regulation as a food vending business of any sort; or link directly or indirectly to any other web sites. You further agree that you will not transfer, use, or sell your Cookunity account and/or ID to any another party. Cookunity reserves the right, but has no obligation, to reject any user that does not comply with these prohibitions.
Cookunity owns and retains ownership in the Cookunity Platform and all intellectual property therein. You may not rent, lease, lend, sell, redistribute or sublicense the Cookunity Platform. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Cookunity Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Cookunity. If you breach this restriction, you may be subject to prosecution and damages.
Any of Your Information, including geolocational data, you upload, provide, or post on the Cookunity Platform may be accessible to certain users of the Cookunity Platform. Cookunity cannot verify or guarantee the accuracy of the information provided by users on the Cookunity Platform, and does not control the information provided by other users that is made available through the Cookunity Platform. Therefore, Cookunity cannot and does not confirm each user's purported identity. Please use caution and common sense when using the Cookunity Platform. Cookunity encourages you to communicate directly with each potential user or cook prior to engaging in a “food trade”.
E-mail communications sent from Cookunity are designed to make your Cookunity experience more efficient. By becoming a user of the Cookunity Platform, you specifically agree to accept and consent to receiving e-mail communications initiated from Cookunity, which include, without limitation, message notification e-mails, e-mails informing you about potential meals and delicious dishes available, e-mails informing you of promotions, and emails informing you of new and existing features. Cookunity reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications, please do not use the Cookunity Platform.
All Cookunity intellectual property rights are owned exclusively by Cookunity. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Cookunity Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Cookunity Platform, provided by you to Cookunity are non-confidential and shall become the sole property of Cookunity. Cookunity shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
By using the Cookunity Platform, you agree to indemnify and hold Cookunity, its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Cookunity Platform, including providing a link to another site or any user content or your violation of these Terms and Conditions.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Cookunity Platform, but not directly by Cookunity, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Cookunity does not guarantee the accuracy, completeness, or usefulness of any third party information on the Cookunity Platform and it does not adopt or endorse that information or are responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than Cookunity. Under no circumstances will Cookunity be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Cookunity Platform, or transmitted to users of the Cookunity Platform. Cookunity reserves the right, but has no obligation, to monitor the materials posted on the Cookunity Platform. Notwithstanding this right, you remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "Content") that You post on the Cookunity Platform and in your private e-mail messages. Cookunity shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or these terms and conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. E-mails sent between you and other users that are not readily accessible to the general public will be treated by Cookunity as private to the extent required by applicable law.
The Cookunity Platform contains (or you may be send through the Cookunity Platform) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Cookunity, and Cookunity is not responsible for any Third Party Sites accessed through the Cookunity Platform or any Third Party Applications, Software or Content posted on, available through or installed from the Cookunity Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Cookunity. If you decide to leave the Cookunity Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that Cookunity’s terms and conditions no longer govern. You should review the applicable terms and conditions, as well as privacy and data gathering practices, of any web site to which you navigate from the Cookunity Platform or relating to any applications you use or install from the Cookunity Platform.
Cookunity, its officers, directors, employees and suppliers provide the Cookunity Platform and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. Cookunity does not guarantee and does not promise any specific results from use of the Cookunity Platform. Cookunity, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. We do not warrant that your use of the Cookunity Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Cookunity Platform will be corrected, or that the Services are free of viruses or other harmful components. Cookunity disclaims liability for, and no warranty is made with respect to, connectivity and availability. Cookunity cannot guarantee that each user is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Cookunity Platform by persons under the age of 18 in violation of these Terms and Conditions. Cookunity is not responsible or liable in any manner for any content posted on the Cookunity Platform, whether posted or caused by users of the Cookunity Platform, by Cookunity, by third parties or by any of the equipment or programming associated with or utilized in the Cookunity Platform. Although Cookunity provides rules for user conduct and postings, it does not control and is not responsible for what users post, transmit or share on the Cookunity Platform and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Cookunity Platform or in connection with any content therein. Cookunity is not responsible for the conduct, whether online or offline, of any user of the Cookunity Platform. It also is possible for others to obtain personal information about you due to your use of the Cookunity Platform, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Cookunity Platform.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Please carefully select the type of information that you post on the Cookunity Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or "hackers").
Cookunity only offers a venue that enables cooking enthusiasts and foodies to match with each other. Cookunity is not a business place or food vendor of any sort. Cookunity is not involved in the actual “cooking and trading food” provided by users. As a result, Cookunity has no control over the quality or safety of the trade that occurs on the Cookunity Platform or the food purchased on the Cookunity Platform; nor does Cookunity have any control over the truth or accuracy of a user's information listed on the Cookunity Platform. We cannot ensure that a user is who he or she claims to be or that a user will actually complete an arranged service.
We reserve the right to change any and all content, software and other items used or contained in the Cookunity Platform at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Cookunity or the Cookunity Platform.
The Cookunity Platform may be temporarily unavailable from time to time for maintenance or other reasons. Cookunity assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Cookunity is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Cookunity Platform, on any web site or any combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Cookunity Platform.
Limitation of Liability
IN NO EVENT WILL COOKUNITY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTIO LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE COOKUNITY PLATFORM OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF COOKUNITY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT SCREEN USERS OF THE COOKUNITY PLATFORM IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THE COOKUNITY PLATFORM, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS OF THE COOKUNITY PLATFORM, OR INTRODUCED TO YOU VIA COOKUNITY. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COOKUNITY’S LIABILITY, AND THE LIABILITY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more users, you agree to release Cookunity (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Cookunity Platform.
Without limiting other remedies, Cookunity may terminate your use of the Cookunity Platform, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if you breach these terms and conditions or the documents it incorporates by reference; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our users or Cookunity, or subject Cookunity or you or any other user to regulation by any state or local government or regulatory agency; or if Cookunity suspects that you have engaged in fraudulent activity in connection with the Cookunity Platform.
Resolution of Disputes and Legal Claims
Any legal disputes or claims between Cookunity and you that cannot be resolved informally will be submitted to binding arbitration in San Francisco, California. The arbitration shall be conducted by the American Arbitration Association, or any other established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the Cookunity Platform be instituted more than three (3) years after the cause of action arose.
You and Cookunity are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
First week promotions are only valid for first time subscribers.
Except as explicitly stated otherwise, any notices to Cookunity shall be sent by certified mail, postage prepaid and return receipt requested to Cookunity LLC, 597C Dolores St, San Francisco, CA 94110, and any notices to you shall be provided to you through the Cookunity Platform or sent to you via the email address you provide to Cookunity during the registration process. For notices to Cookunity, a notice shall be deemed given 3 days after the date that the notice was sent. For notices by Cookunity to users, a notice shall be deemed given 24 hours after an email is sent, unless Cookunity is notified that the email address is invalid. Alternatively, Cookunity may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Cookunity during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Cookunity Platform, you should first contact Cookunity customer service by email at email@example.com. If customer service is not able to resolve your complaint, you may file a complaint with the California Public Utilities Commission's Eater Intake Unit by calling 800-894-9444.
These Terms and Conditions shall be governed by the laws of the State of California without regard to choice of law principles. If any provision is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Cookunity’s failure to act with respect to a breach by you or others does not waive Cookunity’s right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between you and Cookunity. Sections referring to services, licenses, liability limitation, indemnity, and resolution of disputes shall survive any termination or expiration of these Terms and Conditions.