This Agreement constitutes a legal agreement between you ("you" or "User") and Oops Tasty LLC ("Oops Tasty", “we”, “our” or "us"). This Agreement governs your use of our services, our content, our website located at www.oopstasty.com as it may be modified, relocated, and/or redirected from time to time (the "Site").
By using the Site, you hereby agree to be bound by the terms and conditions of this Agreement.
To the extent permitted and except where prohibited by applicable law, this Agreement includes:
- Your agreement that the Site is provided "as is" and without warranty (Section 10).
- Your agreement to release Oops Tasty from liability based on claims relating to the Site and otherwise (Section 10).
- Your agreement to indemnify Oops Tasty from claims due to (a) your use or inability to use the Site; (b) your violation of this Agreement, applicable laws or third-party rights, and/or content; or (c) information submitted from your account to the Site (Section 9).
- Your agreement that either party may compel binding arbitration for most types of disputes (Section 11).
- Your consent to any modifications or amendments to this Agreement (Section 17).
Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the Site. Oops Tasty’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Site, you represent and warrant that: (i) you are at least 18 years old or the legally required age to contract in the jurisdiction in which you reside, whichever is greater, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
1. Text (SMS) Messages and Phone Calls.
a. Non-Marketing / Non-Advertising Text (SMS) Messages and Phone Calls. By providing your phone number and using the Site, you consent to Oops Tasty’s using that number, to the extent permitted by applicable law, to call you and, if such phone number is a mobile number, to send text (SMS) messages to you, to provide Oops Tasty products and services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages Oops Tasty sends you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us.
b. Marketing Text (SMS) Messages. Oops Tasty may send information about the Site and offers via text (SMS) messages (the “Marketing Text Program”).
i. Eligibility. You must be 18 years or older in order to participate in the Marketing Text Program or have the express permission of a parent/guardian (but in any case, you must be at least 13 years old). You also must be a U.S. resident to participate in the Marketing Text Program.
ii. How to Sign Up and Your Consent. By texting any of the following words to 00000:
- “Oops Tasty”; or
- any other terms expressly designated by Oops Tasty in our marketing materials;
or by providing your mobile phone number and checking the box to sign up for text (SMS) message offers and updates, you consent to receive future recurring automated marketing text (SMS) message to the mobile number you provided and to the terms and conditions in this Section 1(b). If you do not consent to the terms and conditions in this Section 1(b) and do not agree to receive recurring automated marketing text (SMS) messages from the Marketing Text Program to the mobile number you provided, you must not consent to receive marketing text (SMS) messages or, if you have so consented, you must opt out as described below. You also acknowledge that your agreement to receive Oops Tasty marketing text (SMS) messages is not required as a condition of any purchase.
iii. How to Opt Out. You can unsubscribe at any time from the Marketing Text Program by texting "STOP" to 00000. You may receive a confirmation text (SMS) message in response to your unsubscribe request. Oops Tasty reserves the right to remove subscribers from our messaging database at our discretion.
iv. Help. For more information about the Marketing Text Program, email firstname.lastname@example.org or reply “HELP” to 00000.
v. Participating Carriers & Fees. Message and data rates may apply. All charges are billed by, and payable to, your mobile service provider. Oops Tasty does not charge you for sending or receiving text (SMS) messages to 00000. Content may not be available on all carriers. Oops Tasty is not liable for any delays in the receipt of any SMS messages or for any undelivered messages.
vi. Your Information. Data obtained from you in connection with the Marketing Text Program may include your cell phone number, your carrier's name, the date, time and content of your messages, and other information you provide to us as part of the Marketing Text Program. Oops Tasty may use this information to contact you and to provide the services you request from us.
2. Emails. Oops Tasty may send you confirmation and other transactional emails regarding the Site. Oops Tasty may also send you emails about products or services that we think might interest you ("Marketing Emails"). You can unsubscribe from Marketing Emails at any time by clicking unsubscribe in Oops Tasty’s email communications or by contacting us as described in Section 18.
3. Community Areas. The Site may contain blogs, message boards, applications, reviews, chat areas, news groups, forums, communities, and/or other message or communication facilities that allow Users to communicate with other Users (collectively, "Community Areas"). All submissions made to Community Areas within the Site will be public. Oops Tasty will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Content" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Site, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Content, and Oops Tasty is merely a passive conduit for your online distribution and publication of Your Content. You hereby represent and warrant that Your Content; (a) will comply at all times with this Agreement, including but not limited to Section 4 (Prohibited Conduct on the Site) below; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of Oops Tasty’s Internet Service Providers (ISPs), customers, or other partners or suppliers.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute all of Your Content that you posted to Community Areas, including but not limited to all images, videos, musical works and text included in such postings in any and all media, including, without limitation, social media, printed publications, presentations, promotional materials, events and associated marketing materials, videos, or web sites, in connection with and/or as part of our business, including in connection with and/or in any advertising in perpetuity throughout the world as Oops Tasty in its sole discretion sees fit without further consent or payment. Oops Tasty has all right, title, and interest in any and all results and proceeds from such use of Your Content. Oops Tasty has the right to transfer the aforementioned rights to use Your Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Oops Tasty may alter, adapt, or edit Your Content and any further material created under this Agreement, and market and exploit it entirely at Oops Tasty’s sole discretion. Oops Tasty is not obliged to make any use of Your Content or exercise any of the rights granted by this Agreement. Oops Tasty reserves the right to remove postings from Community Areas in Oops Tasty’s sole discretion.
4. Prohibited Conduct on the Site. Users shall NOT use the Site (including but not limited to any Community Areas) to do any of the following:
a. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party;
b. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, obscene, or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items;
c. Use the Site to collect usernames and/or email addresses of members by electronic or other means without Oops Tasty’s express prior written consent;
d. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account;
e. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Site, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Site in any manner, or attempt to do any of the foregoing;
f. Use the Site for any purpose or in any manner that is in violation of local, state, national, or international law;
g. Use, frame, or utilize framing techniques to enclose any Oops Tasty trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without Oops Tasty’s express written consent;
h. Upload files that contain viruses, Trojans, corrupted files, or any other similar software that may damage the operation of another's computer;
i. Deeplink to the Site without Oops Tasty’s express written consent;
j. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited;
k. Conduct or forward surveys, contests, pyramid schemes, or chain letters;
l. Mirror or archive any part of the Site or any content or material contained on the Site without Oops Tasty’s written permission.
m. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or sales of products or services through the Site without express written permission from us;
n. Use the Site in any other way that, in Oops Tasty’s sole discretion is injurious to Oops Tasty, third parties, or otherwise objectionable.
Oops Tasty’s descriptions of, or references to, products or services not owned by Oops Tasty on, or outside of, the Site do not imply endorsement of that product or service, or constitute a warranty, by Oops Tasty.
7. Intellectual Property Rights. The Site, and the information, data, content, and materials, which it contains ("Oops Tasty Materials"), are the property of Oops Tasty and/or its affiliates and licensors, excluding Your Content, which Oops Tasty has a right to use as described in Section 3 above. The Oops Tasty Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Oops Tasty and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Oops Tasty Materials. Any use of Oops Tasty Materials, other than as expressly permitted herein, is prohibited without the prior permission of Oops Tasty and/or the relevant right holder. The service marks and trademarks of Oops Tasty, including without limitation OOPS TASTY, any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Site without the express prior written consent of the owner.
8. Copyright Complaints and Copyright Agent. Oops Tasty respects the intellectual property of others, and expects Users to do the same. Oops Tasty will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. Oops Tasty’s contact information for notice of alleged copyright infringement is described in Section 18.
9. Indemnification. You hereby agree to indemnify, defend, and hold harmless Oops Tasty, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages, or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (a) your use of or inability to use the Site; (b) your violation of this Agreement, (c) your violation of any applicable law or regulation; d) your violation of the rights of another; or (e) Your Content. Oops Tasty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Oops Tasty.
10. Disclaimer of Warranties; Limitation on Liability.
THE SITE, OOPS TASTY MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY OOPS TASTY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OOPS TASTY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OOPS TASTY MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OOPS TASTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OOPS TASTY DOES NOT WARRANT THAT THE SITE, OOPS TASTY MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OOPS TASTY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OOPS TASTY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OOPS TASTY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY, ARISING FROM THE USE OF THE SITE, OOPS TASTY MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OOPS TASTY EXCEED THE AMOUNT YOU PAID OOPS TASTY, IF ANY, IN THE PAST YEAR FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. BY USING THE SITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SITE. YOU ACCEPT THAT, AS A COMPANY, OOPS TASTY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST OOPS TASTY’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS, OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE, THE OOPS TASTY MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE OOPS TASTY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND SUB-CONTRACTORS, AS WELL AS OOPS TASTY. 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 MIGHT HAVE ADDITIONAL RIGHTS.
11. Mutual Arbitration Agreement.
a. Covered Claims. YOU AND OOPS TASTY MUTUALLY AGREE THAT ALL CLAIMS OR DISPUTES, PAST, PRESENT, OR FUTURE, THAT YOU MAY HAVE AGAINST OOPS TASTY OR THAT OOPS TASTY MAY HAVE AGAINST YOU, INCLUDING ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR A VIOLATION OF THIS AGREEMENT, UNLESS SPECIFICALLY EXCLUDED BELOW, SHALL BE DECIDED BY AN ARBITRATOR THROUGH ARBITRATION AND NOT BY A JUDGE OR JURY OR ANY OTHER ADJUDICATORY PROCEEDING (“Arbitration Agreement”). However, the only claims and disputes subject to arbitration are those that, in the absence of this Arbitration Agreement, could be brought under applicable law.
Additionally, the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of the Arbitration Agreement. However, the preceding sentence shall not apply to the Class Action Waiver described in Section 11(d) below. Regardless of anything else in this Agreement and/or the American Arbitration Association (“AAA”) rules or procedures, any dispute relating to the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
b. Governing Law. This Arbitration Agreement and this Section 11 are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”).
c. Excluded Claims and Disputes. You and Oops Tasty agree that the following claims or disputes are excluded from and not covered by this Arbitration Agreement: (1) any claim or dispute seeking to enforce or protect, or concerning the validity of, any of your or Oops Tasty’s intellectual property rights; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief. Additionally, nothing in this Arbitration Agreement prevents making a report to or filing a claim or charge with a government agency.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver").
e. Rules/Standards Governing Proceeding. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the AAA and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org).
A party who wishes to arbitrate a claim or dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the claim or dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law and this Agreement, but remedies shall be limited to those that would be available to a party in his or her individual capacity. No remedies that otherwise would be available under applicable law will be forfeited. The arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The arbitration proceeding shall take place in the city or county where you reside unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
The fees for administering the arbitration and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). In all cases where required by law, Oops Tasty will pay the Arbitrator's fees and the fee for administering the arbitration. If under applicable law Oops Tasty is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned in accordance with applicable law and the AAA Rules and/or AAA Consumer Rules, and any disputes in that regard will be resolved by the arbitrator. Parties are responsible for their own attorney’s fees, subject to any remedies to which that party may later be entitled under applicable law.
12. Term and Termination; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b. Termination by Oops Tasty. Oops Tasty may terminate this Agreement or terminate or suspend your right to use the Site at any time for any or no reason (including, without limitation, in the event that Oops Tasty believes that you have breached this Agreement or any policy posted on the Site, or if Oops Tasty otherwise finds that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with written or email notice of such termination to the physical or email address you have provided us. Termination will be effective immediately upon such notice.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Site, provided that you do not owe payment for any Oops Tasty’s products and services. If you attempt to terminate this Agreement while there are orders outstanding, your termination of the Agreement will automatically cancel your orders.
d. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 7, 9-13, and 15, shall so survive.
13. Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 11, which is governed by the Federal Arbitration Act, this Agreement is governed and interpreted pursuant to the laws of the State of Illinois, United States of America, without reference to its conflicts of law provisions. For all Disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Cook County, Illinois.
14. Assignment. This Agreement may not be assigned or transferred by you without Oops Tasty’s prior written approval. Oops Tasty may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary corporation, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 14 shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
15. General Provisions. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Oops Tasty with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows:
Your address for such notices is your email address and/or physical address that you have provided to Oops Tasty; Oops Tasty’s address for such notices is described in Section 18.
The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Oops Tasty, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Oops Tasty shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Oops Tasty’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
16. Modifications to the Site. Oops Tasty reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice. Oops Tasty will not be liable to any party for any modification or discontinuance of the Site.
17. Changes to this Agreement. Except for Section 11 of this Agreement, which may only be modified with your agreement after notice of the modification, Oops Tasty reserves the right, in our sole and absolute discretion, to make changes to any of the terms and conditions of this Agreement at any time. If we change the terms and conditions of this Agreement, we will post those changes on this page and update the update date below. If we materially change the terms and conditions of this Agreement, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Site. Your continued use of the Site following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
18. Contact Information. If you have any questions regarding this Agreement, please contact us at email@example.com or by mail at:
530-B Harkle Road, STE 100 Santa Fe, NM 87505
For disputes concerning copyright infringement under Section 8 of this Agreement, please contact: firstname.lastname@example.org
Or via Mail:
Attn: Copyright Agent, 530-B Harkle Road, STE 100 Santa Fe, NM 87505
Last modified: July 9th 2017