Terms and conditions
By clicking submit, using the itsPotluck website and mobile application and mobile application functionalities in any way, including but not limited to visiting or browsing the Website and mobile application, including collectively, including all content provided by "ItsPotluck" through "ItsPotluck" Application and the "ItsPotluck" Website and mobile application, the "" itsPotluck" Service", or the "Service", you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by weblinks. These Terms of Service form a legally binding relationship between you and itsPotluckand are subject to modification from time to time by itsPotluck. itsPotluckrecommends that you check back frequently for updates to our Terms of Service.If you do not agree to these Terms of Service, you must not use any of the Website and Mobile applications or the Services. While itsPotluck does not currently have any subsidiaries or affiliated legal entities. It may have them in the future. In the event that happens, you agree that ItsPotluck subsidiaries and affiliated legal entities will be entitled to provide the Services to you.
This Agreement applies to all users of the website and mobile application, including without limitation users who are sellers, buyers, contributors of content, registered users whose content get published automatically, consumers of the content, information and other materials or services on the website and mobile application.
1. Content on itsPotluck
itsPotluck is a platform for food lovers to share food related content, and to buy and sell products. As a policy we don’t allow using hateful, offensive, profane, or vulgar language in the webwebsite and mobile application and mobile application. As a user of the itsPotluck webwebsite and mobile application and mobile applications:
- You understand that the information you have access to or use of as part of your use of the Services is the sole responsibility of the person or entity from which the content (whether data files, text, software, music, audio files, photos, videos or other images) originated. All of this information is referred to in these Terms of Service as the "Content."
- You acknowledge and agree that any Content included in the Services (including advertisements and sponsored Content) may be protected by intellectual property rights owned by itsPotluck, third parties, sponsors or advertisers. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works of, the Content, unless the originator of such Content expressly authorizes you to do so in a signed written agreement.
- Right, But Not Obligation, to Monitor Submissions: "ItsPotluck" does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
- You acknowledge that by using the Services, you may be exposed to Content that you find offensive or objectionable and that you are viewing the content at your own risk.
- You acknowledge and agree that you, and not itsPotluck, are solely responsible for any Content you create, transmit or display using the Services and for the consequences of your actions in connection with your use of the Services.
- You acknowledge and agree that terms used by itsPotluck to categorize recipe Content (including, without limitation, vegan, low-fat, low-sodium, gluten-free and low-sugar recipe data) are used for the exclusive purpose of organizing search results. While itsPotluck strives to give you accurate search results, itsPotluck cannot guarantee that all recipes grouped within a category will meet all governmental and non-governmental standards for such category, nor can itsPotluck guarantee that all recipes resulting from aitsPotluck search will accurately reflect the search terms. You are solely responsible for screening your itsPotluck search results for ingredients which are objectionable or harmful to you for any reason.
License: ItsPotluck does not claim ownership rights in your Content. You retain copyright (and any other intellectual property rights) you currently possess in any Content you submit, post or display on ItsPotluckor through the Services. By submitting, posting or displaying your Content through the Services you grant to itsPotluck a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content you submit, post or display through the Services for the sole purpose of enabling itsPotluck to display, distribute, perform and promote the Services. We recommend you keep back-up copies of your submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up solution for storing your submissions.
itsPotluck gives you a personal, worldwide, royalty-free, non-assignable, non-sublicenseable, non-transferable and non-exclusive license to use the software (hereby the "Software") provided to you as part of the Services solely to enable you to use the Services in the manner authorized by these Terms of Service.You may not directly or indirectly copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part of the Software, nor permit or facilitate others in doing so.
Re-Posting Content: By posting Content on ItsPotluck, it is possible for an outside Website and Mobile application or a third party to re-post that Content. You agree to hold ItsPotluck harmless for any dispute concerning this use. If you choose to display your own itsPotluck-hosted image on another Website and Mobile application, the image must provide a link back to its listing page on ItsPotluck.
Idea Submissions:ItsPotluck considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Website and Mobile application or otherwise (other than the Content and the tangible items sold on the Website and Mobile application by users) (collectively, the "Material") to be non-confidential and non-proprietary, and itsPotluck shall not be liable for the disclosure or use of such Material. If, at itsPotluck's request, any member sends Material to improve the Website and Mobile application (for example through the Forums or to customer support), itsPotluck will also consider that Material to be non-confidential and non-proprietary and itsPotluck will not be liable for use or disclosure of the Material. Any communication by you to ItsPotluck is subject to this Agreement. You hereby grant and agree to grant itsPotluck, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using ItsPotluck, you agree to accept such risks and that itsPotluck (and itsPotluck's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on ItsPotluck. Please use caution, common sense, and practice safe buying and selling when using ItsPotluck.
Other Resources: itsPotluck is not responsible for the availability of outside Website and Mobile applications or resources linked to or referenced on the Website and Mobile application. ItsPotluck does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Website and Mobile applications or resources. You agree that ItsPotluck shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Website and Mobile applications or resources.
User Submissions & Specific Features :
1. Ratings and Reviews -
2. In connection with Ratings and Reviews, you further agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant "ItsPotluck" all of the license rights granted herein;publish falsehoods or misrepresentations that could damage "ItsPotluck" or any third party;submit material that is unlawful, obscene, defamatory, libellous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; post advertisements or solicitations of business;impersonate another person;send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;interfere with or disrupt the integrity or performance of the Service or the data contained therein; orattempt to gain unauthorized access to the Service or its related systems or networks.
3. Adult content must be identified as such. "ItsPotluck" does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and "ItsPotluck" expressly disclaims any and all liability in connection with ratings and/or submissions. "ItsPotluck" does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and "ItsPotluck" will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website and mobile application are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the "ItsPotluck" Mobile App user allegedly infringing the copyrighted work;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at. "ItsPotluck" reserves the right to remove contents without prior notice. "ItsPotluck" may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. "ItsPotluck" also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. "ItsPotluck" may remove such contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
4. You understand that when using the "ItsPotluck" Service you will be exposed to Ratings and Review submissions from a variety of sources, and that "ItsPotluck" is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of "ItsPotluck". You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against "ItsPotluck" with respect thereto, and agree to defend, indemnify and hold harmless "ItsPotluck" officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses to the fullest extent allowed by law regarding all matters related to your use of the "ItsPotluck" Service.
5. "ItsPotluck" reserves the right to discontinue any aspect of the "ItsPotluck" Service at any time.
6 .Your Use of Submissions Posted by Others. You may not use, copy, reproduce, distribute, publish, display or perform, create derivative works of, transmit, sell, or in any way exploit any of the Submissions posted by others except as expressly set forth in these
2. Marketplace on itsPotluck
itsPotluck is not directly involved in the transaction between buyers and sellers. Therefore, itsPotluck has no control over the quality, safety, morality or legality of any aspect of the content listed and sold, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. itsPotluck cannot ensure that a buyer or seller will actually complete a transaction. Consequently, ItsPotluck does not transfer legal ownership of items from the seller to the buyer. ItsPotluck cannot guarantee the true identity, age, and nationality of a user. ItsPotluck encourages you to communicate directly with potential transaction partners through the tools available on the Website and mobile application. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that ItsPotluck is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on ItsPotluck. You use the ItsPotluck service at your own risk.
Age:ItsPotluck'smarketplace services are available only to, and may only be used by, individuals who who can form legally binding contracts under applicable law. You represent and warrant that you are of legal age and that all registration information you submit is accurate and truthful. You agree to keep the registration information you provide to itsPotluck current and accurate at all times.ItsPotluck may, in its sole discretion, refuse to offer access to or use of the Website and Mobile application to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website and Mobile application is revoked in such jurisdictions.
Individuals under the legal age limit must at all times use ItsPotluck's services only in conjunction with and under the supervision of a parent or legal guardian who meets the legal age limit. In all cases, the adult is the user and is responsible for any and all activities.
As part of its provision of the Services, itsPotluck may distribute coupons and/or discount codes offered by third party manufacturers or retailers ("Coupons") for certain third party products or services. You understand and agree that itsPotluck is not liable or responsible to you in the event of an error in the validity of such Coupons or if a retailer refuses to honor the Coupon. Further, you understand and agree that itsPotluck is not responsible or liable to you or anyone in the event you are dissatisfied with any third party products or services purchased with the Coupons and that itsPotluck is not obligated to obtain a refund of the purchase price of such third party products or services on your behalf.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify ItsPotluck of any unauthorized use of your password or any breach of security. You also agree that ItsPotluck cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than ItsPotluck without ItsPotluck's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on ItsPotluck you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. Account Transfer: You may not transfer or sell your ItsPotluck account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: ItsPotluck's services are not available to temporarily or indefinitely suspended ItsPotluck members. ItsPotluck reserves the right, in ItsPotluck's sole discretion, to cancel unconfirmed or inactive accounts. ItsPotluck reserves the right to refuse service to anyone, for any reason, at any time.You acknowledge and agree that if ItsPotluck disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content in your account.
3. Listing and Selling
Listing Description:By listing an item on the Website and Mobile application you warrant that you and all aspects of the item comply with ItsPotluck's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your itsPotluck shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.
Shop Policies: All sellers are urged to outline shop policies for their ItsPotluck shop. These policies include, for example: payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with ItsPotluck'sWebsite and Mobile application-wide Sellers are responsible for enforcing their own reasonable shop policies. ItsPotluck reserves the right request that a seller modify a shop policy.
Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated by sellers in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable delivery fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive delivery fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding ItsPotluck transaction fees, misrepresent the item information, or use another user's account without permission.
Order Processing: itsPotluckor the seller may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances itsPotluck deems appropriate in its sole discretion. itsPotluck also reserves the right, in its sole discretion, to take steps to verify your identity to process your order
Pricing Information: itsPotluckprovides functionalities for the sellers to provide accurate pricing information regarding the products and services available on itsPotluck. We cannot, however, insure against pricing errors. ItsPotluck reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Website and Mobile application as a result of an error. If this occurs, itsPotluck will notify you by email. In addition, itsPotluck reserves the right, at its sole discretion, to correct any error in the pricing.
Product and Service Availability: itsPotluck may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be ready immediately after you place your order. Unfortunately, itsPotluck cannot guarantee that an item listed as "in stock" will actually be available due to dependency on sellers, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time itsPotluck attempts to process the order. Should this happen, seller may notify you by email. Service offerings that are out-of-stock generally are no longer available. If ItsPotluck determines that a product or service you wish to purchase is no longer available, the item will be canceled from your order. ItsPotluck will notify you by email and delete the item from the Website and Mobile application.
4. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to ItsPotluck and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on ItsPotluck. Restricted Activities: Your Content and your use of ItsPotluck shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy Violate this Agreement, any Website and Mobile application policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) Contain items that have been identified as hazardous to consumers and therefore subject to a recall Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including itsPotluck staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
5. User to User interaction:
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with itsPotluck's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. itsPotluck is not involved with user generated groups, the groups' requirements, or the Meetings.
itsPotluck does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that itsPotluck does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on ItsPotluck may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. ITSPOTLUCK IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO ITSPOTLUCK; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY ITSPOTLUCK, AND ITSPOTLUCK HAS NO CONTROL OVER THE MONEY, THE USER- GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT ITSPOTLUCK IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, ITSPOTLUCK USERS AND/OR THIRD PARTIES (together a "Third Party Transaction"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. Users should use common sense and be careful in deciding whether to contribute money.
6. Resolution of Disputes and Release
In the event a dispute arises between you and ItsPotluck, please contact ItsPotluck. Should you have a dispute with one or more users, or an outside party, you release itsPotluck (and itsPotluck's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all 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 with such disputes. ItsPotluck encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
itsPotluck, for the benefit of users, may try to help users resolve disputes. ItsPotluck does so in itsPotluck's sole discretion, and ItsPotluck has no obligation to resolve disputes between users or between users and outside parties. To the extent that ItsPotluck attempts to resolve a dispute, ItsPotluck will do so in good faith based solely on itsPotluck's policies. ItsPotluck will not make judgments regarding legal issues or claims.
7. ItsPotluck's Intellectual Property
itsPotluck, and other itsPotluck graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of itsPotluck, Inc. in the U.S. and/or other countries. itsPotluck's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
8. Access and Interference
Much of the information on ItsPotluck is updated on a real-time basis and you agree that you will not use any robot, spider, scraper or other automated means to access itsPotluck for any purpose without itsPotluck's prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in itsPotluck's sole discretion, an unreasonable or disproportionately large load on itsPotluck's infrastructure Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Website and Mobile application without the prior expressed written permission of itsPotluck and the appropriate third party, as applicable Interfere or attempt to interfere with the proper working of the Website and Mobile application or any activities conducted on the Website and Mobile application Bypass itsPotluck's robot exclusion headers or other measures itsPotluck may use to prevent or restrict access to ItsPotluck
Without limiting any other remedies, ItsPotluck may, without notice, and without refunding any fees, delay or immediately remove Content, warn itsPotluck's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Website and Mobile application, and take technical and legal steps to keep a user off the Website and Mobile application and refuse to provide services to a user if any of the following apply:
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the "ItsPotluck" Service.
Our Commitment to Data Security: "ItsPotluck" uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to "ItsPotluck" and you do so at your own risk.
Consent To Push Notification : You agree and confirm that any review, rating and comments, including any other content or data therein, that you submit/post on "ItsPotluck" platforms viz. WEB, WAP, APP & Phone etc. such details as per "ItsPotluck"'s discretion will be shared.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
11. No Warranty
ITSPOTLUCK, ITSPOTLUCK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ITSPOTLUCK'S SUPPLIERS PROVIDE ITSPOTLUCK'S WEBSITE AND MOBILE APPLICATION AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ITSPOTLUCK, ITSPOTLUCK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ITSPOTLUCK'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ITSPOTLUCK SHALL CREATE ANY WARRANTY. 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.
12. Liability Limit
IN NO EVENT SHALL ITSPOTLUCK, AND (AS APPLICABLE) ITSPOTLUCK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ITSPOTLUCK'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE AND MOBILE APPLICATION, ITSPOTLUCK'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ITSPOTLUCK'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ITSPOTLUCK'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ITSPOTLUCK IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
YOU AGREE TO INDEMNIFY AND HOLD ITSPOTLUCK AND (AS APPLICABLE) ITSPOTLUCK'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
14. No Guarantee
ItsPotluck does not guarantee continuous, uninterrupted access to the Website and Mobile application, and operation of the Website and Mobile application may be interfered with by numerous factors outside ItsPotluck's control.
15. Legal Compliance;Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Mobile application and any ItsPotluck service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Website and Mobile application (excluding any taxes on ItsPotluck's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
17. No Agency
You and ItsPotluck are independent contractors, and no agency, partnership, joint venture, employee- employer or franchiser-franchisee relationship is intended or created by this Agreement.
18. ItsPotluck Service
19. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
For issues with intellectual property, please contact us at comments@itsPotluck.com