Terms of Service

Last updated December 18, 2024

By using or accessing any websites, applications or other offerings owned, operated or maintained by or on behalf of Epicurate, Inc. on which these Terms of Service are posted via a link or otherwise (collectively, and including any cached versions, the “Epicurate Platform” or the “Platform”), you acknowledge and agree to be bound by the following Terms of Service, as well as our Privacy Policy, which is displayed at https://epicurate.vip/site/privacy, as updated from time to time, which is incorporated by reference. (These Terms of Service, together with the Privacy Policy, are referred to as the “Terms“).

For purposes of these Terms, “you” refers to you, as a Client, using or accessing the Platform to search for, or book services, activities, excursions and events (“Experiencesˮ) and a variety of other services (collectively, “Provider Services, ˮ and each Provider Service offering, a “Listing”), including your employees and anyone else acting on your behalf, and “your” has a correlative meaning. When used in these Terms, “we," “us," and “our" refer to Epicurate, Inc., including its affiliates, officers, directors, consultants, agents and/or employees, as the context requires.

You should read these Terms carefully and completely, as they constitute a legally binding agreement between you and Epicurate and contain important information, including information about limitations of liability and resolution of disputes through arbitration rather than litigation.

If you do not agree to be bound by these Terms, you are not authorized to access or otherwise use the Epicurate Platform. Under these Terms, “use“ of or “access“ to the Epicurate Platform specifically includes any direct or indirect access to or use of the Platform and any direct or indirect access or use of any information or content on the Platform, however obtained. In addition, you are not authorized to use the Epicurate Platform unless you are at least 18 years old and have the capacity to enter into binding contracts. We do not knowingly collect the information of anyone under the age of 18.

If you arrived on the Epicurate Platform after having been re-directed there by clicking on another website or otherwise, you agree to be bound by these Terms in accessing and using the Platform.

There are three types of users (”Members”) of the Epicurate Platform, as follows:

As someone who searches for, books from Providers, purchases or uses Services, you are a “Clientˮ. A “Provider” offers Experiences and other Provider Services by publishing Listings on the Epicurate Platform and selling such Experiences and other Provider Services to Clients. And Members who curate, publish or refer Provider Services offered by other Members are referred to as “Partners”.

For clarification, although Epicurate provides and maintains the Epicurate Platform, Epicurate does not own, control, offer or manage any Listings or Provider Services. Epicurate is not a party to any of the contracts entered into directly between Providers and Clients or to contracts that may exist between or among Providers, Clients and Partners. Epicurate does not act as an agent for any purpose for any Member, except as specified herein with respect to any payments collected or made by us on behalf of Members by or through any payment method, platform or third-party provider of payment services (any such method, platform or third-party provider, “Epicurate Paymentsˮ).

Client Terms

1. Booking Services

1.1 Booking

When a Provider accepts your booking request or receives a booking confirmation through the Epicurate Platform, you enter into a contract (a “Reservationˮ) directly with the Provider on the terms of the applicable Listing, as well as these Terms and any additional terms identified during checkout that apply to the Reservation, including the applicable cancellation policy, and you are agreeing to pay all charges for your booking, including the Listing price, applicable fees, and any other amounts identified during checkout. In addition, you are agreeing that we may charge the payment method used to book the Listing in order to collect any Damage Claim amounts. Under the contract, Provider agrees to provide the Experience or other Provider Service on the same terms and in accordance with the same terms. You are responsible for reading, understanding and complying with all applicable terms, conditions, rules, standards, policies and requirements.

1.2 Consent to Contact

By making a booking request or a Reservation, you agree that Epicurate may contact you via email or text message for purposes related to your request or Reservation, including confirmations, updates, and other relevant notifications. Message and data rates may apply. You can opt out of promotional messages at any time, but transactional communications are essential to complete your purchase.

1.3 Reservations for Experiences and Other Provider Services

A Reservation for an Experience or other Provider Service entitles you to participate in, attend, or use that Experience or Provider Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Provider of any medical or physical conditions, including any relevant dietary restrictions, or other circumstances that may impact your or your guests’ ability to participate, attend, or use the Experience or other Provider Service. Except where expressly authorized, you may not allow any person to join an Experience or Provider Service unless they are included in the Experience or Provider Service during the booking process.

2. Cancellations, Refunds and Booking Modifications

2.1 Cancellations and Refunds

If you cancel a Reservation, the amount refunded to you is determined by the Providerʼs cancellation policy. In general (and unless otherwise noted on the Experience) the cancellation policy is as follows:

If you cancel 30 days or more before the date of your event, your deposit may be used to reschedule your event for an alternative date.
If you cancel less than 30 days from the date of your event, your deposit is non-refundable.
Final balances are charged 7 days prior to an event date, at which time they are non-refundable.

All cancellation requests must be received in writing and we always recommend making sure you have travel insurance. You may email your experience provider directly using the contact details on your booking page. Alternatively, you may contact our Concierge team via email or chat for assistance.

Please note, all refunds will be less processing and booking fees.

2.2 Booking Modifications

Clients and Providers are responsible for any booking modifications they agree to make via the Epicurate Platform and for payment of any additional amounts, including fees or taxes, associated with the Booking Modification as they may agree.

3. Your Responsibilities and Assumption of Risk

3.1 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or to whom you provide access to any Experience or other Provider Service, as well as all areas and facilities where the Experience or Provider Service is located that the Client is legally entitled to use in connection with the Experience or Provider Services. For example, this means (i) you are responsible for leaving any such area and facility (and related personal property) in the condition it was in when you arrived; (ii) you are responsible for paying all reasonable Damage Claim amounts; and (iii) you must comply with applicable laws at all times. If you are booking for an additional Client who is a minor or if you bring a minor to an Experience or Provider Service, you must be legally authorized to act on behalf of, and you are solely responsible for the supervision of, that minor. You are also responsible for obtaining appropriate insurance for yourself and anyone else you invite to join or access an Experience or Provider Service. We suggest that you carefully review policy terms and conditions including coverage details and exclusions.

3.2 Your Assumption of Risk

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Epicurate Platform and any content, including your participation in any Experience, use of any other Provider Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Provider Service to determine whether it is suitable for you. For example, Experiences and other Provider Services may carry risk of illness including foodborne illness, bodily injury, disability, or death, and you freely and knowingly assume those risks by choosing to participate in those Experiences and Provider Services.

4. General Terms

4.1 Reviews

After the conclusion of each Experience or other Provider Service, Clients and Providers may have an opportunity to review each other. If you provide a review, it must be accurate and may not contain any discriminatory, offensive, defamatory or other language that violates these Terms, applicable law or any of our other policies. In all events, you acknowledge and agree that reviews are not verified by Epicurate for accuracy and may be incorrect or misleading and that you will be responsible and liable for the content of any review that you provide.

4.2 Content

Parts of the Epicurate Platform enable you to provide feedback, text, photos, audio, video, information and other content (“Contentˮ). By providing Content, in whatever form and through whatever means, you grant Epicurate a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit, in any manner, such Content to provide and/or promote the Epicurate Platform, in any medium or platform, known or unknown to date and in particular on the Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws and our Privacy Policy. Where Epicurate pays for the creation of Content or facilitates its creation, Epicurate may own that Content, in which case supplemental terms or disclosures may say that. You are solely responsible for all Content that you provide. You represent and warrant that you own or otherwise control and have all necessary legal rights to your Content, including but not limited to all the rights necessary to provide, post, upload, input or submit such Content and to grant Epicurate the rights described in these Terms. We reserve the right to request proof of ownership or permission to grant us the license described above and to refuse to post Content without such proof or if such proof is, in our sole discretion, insufficient. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must not be discriminatory, obscene, harassing, deceptive, violent or illegal or otherwise violate these Terms or any of our other policies. We reserve the right to terminate any Client who infringes the intellectual property rights of any third party or violates the limitations listed in the preceding sentence.

You acknowledge that, while Epicurate may make available services or automated tools to translate Content, Epicurate does not guarantee the accuracy or quality of any Member’s translations and each Member is responsible for confirming the accuracy of its translations.

4.3 Fees

Epicurate may charge fees (and applicable Taxes) to Providers, Partners and Clients for the right to use the Epicurate Platform. Any applicable fees are disclosed to Clients before making a booking. Except as otherwise provided on the Epicurate Platform, service fees are non-refundable. Epicurate reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. A Fee change will not affect bookings made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement as set forth herein.

5. Epicurate Platform Rules

5.1 General Rules

You must follow these rules and must not help or induce others to break or circumvent any of them.

Act with integrity and treat others with respect.
Do not lie, misrepresent something or someone or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not attempt to evade enforcement of these Terms, such as by creating duplicate accounts.
Do not discriminate against or harass others.
Do not scrape, compromise or impair the Epicurate Platform in any way.
Do not hack, avoid, remove or otherwise attempt to circumvent any security or technological measure used to protect the Epicurate Platform or Content.
Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Epicurate Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Epicurate Platform.
Only use the Epicurate Platform as authorized by these Terms or another agreement with us.
Only use Members’ personal information as necessary to facilitate a transaction using the Epicurate Platform as authorized by these Terms.
Use Content made available through the Epicurate Platform solely as necessary to enable your use of the Epicurate Platform.
Do not use Content unless you have permission from the Content owner or we authorize the use in these Terms or another agreement you have with us.
Do not request, make or accept a booking or any payment outside of the Epicurate Platform to avoid paying fees or taxes or for any other reason.
Do not require or encourage other Clients to open an account, leave a review or otherwise interact with a third-party website, application or service before, during or after a Reservation, unless authorized by Epicurate.
Do not engage in any practices that are intended to or reasonably could be expected to manipulate our search algorithm.
Do not book Provider Services unless you actually (or expect to) use such Provider Services.
Do not use, copy, display, mirror or frame the Epicurate Platform, any Content, any Epicurate branding or any page layout or design without our prior written consent.
Comply with your legal obligations.
Learn, understand and follow the laws, rules, regulations, statutes, ordinances and other legal requirements that apply to you, including privacy, data protection and export laws, and keep abreast of changes in those laws, rules, regulations, statutes, ordinances and other legal requirements.
Do not use the Epicurate Platform for any illegal purpose.
If you provide us with someone else’s personal information, you (i) must do so in compliance with applicable law; (ii) must be authorized to do so; and (iii) authorize us to process that information under our Privacy Policy.
Read and follow our Terms and keep abreast of changes in them.
Do not use the name, logo, branding or trademarks of Epicurate or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that is confusingly similar to any Epicurate trademarks, logos or branding.

5.2 Reporting Violations

If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Epicurate. In addition, if you believe that a Member, Listing or Content has violated our terms, policies or rules, you should report your concerns to Epicurate. If you reported an issue to local authorities, Epicurate may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

5.3 Use of Our Intellectual Property

The Epicurate name and logo are trademarks or registered trademarks in the United States and other jurisdictions around the world. You may not use our trademarks, logos or other intellectual property in connection with your activities as a Client or otherwise without our specific prior written authorization. If you want permission to use our name and/or logo in any other manner, or if you have other questions, please contact us at legal@epicurate.vip.

5.4 Copyright Notifications

If you believe that Content on the Epicurate Platform infringes copyrights, please notify us.

6. Termination, Suspension and other Measures

6.1 Term

The agreement between you and Epicurate reflected in these Terms is effective the first time you access the Epicurate Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

6.2 Termination

You may terminate this agreement at any time by sending us an email informing us that you are terminating or by deleting your account. Epicurate may terminate this agreement and your account for any reason by providing you with 30 daysʼ notice via email or notifying you using any other contact information you have provided for your account. Epicurate may also terminate this agreement and your account immediately and without notice and stop providing access to the Epicurate Platform if you breach these Terms or violate applicable laws, or under any other circumstances described elsewhere in these Terms, or if we reasonably believe termination is necessary to protect Epicurate, its Members or third parties. We may terminate your account without prior notice if it has been inactive for more than two years.

We do not guarantee that we will take action against all breaches of these Terms or violations of law. Our failure to take immediate action with respect to a breach or violation does not waive our right to act with respect to such breach or violation or any other breach or violation whether by you or by any other Member.

6.3 Member Violations

If (i) you breach these Terms; (ii) you violate applicable laws, rules, regulations statutes, ordinances or other legal requirements or third-party rights; or (iii) Epicurate believes it is reasonably necessary to protect Epicurate, its Members or third parties, Epicurate may, with or without prior notice:

suspend or limit your access to or use of the Epicurate Platform and/or your account;
suspend, remove, disable access to or restrict visibility of Listings, reviews or other Content;
cancel pending or confirmed bookings; or
suspend or revoke any special status associated with your account.

For violations Epicurate determines to be minor or as Epicurate otherwise determines to be appropriate in its sole discretion, Epicurate will provide you with notice of any measure it intends to take and with an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting Epicurate Customer Service.

6.4 Legal Mandates

Epicurate may take any action it determines, in its sole discretion, to be necessary to comply with applicable law rule, regulation, statute, ordinance or other requirements or with the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above regarding Member violations.

6.5 Effect of Termination

If you terminate your account as a Client, any confirmed booking(s) will be automatically canceled and any refund will be determined in accordance with the terms of the cancellation policy applicable to the relevant Reservation. Once this agreement has been terminated, you are not entitled to a restoration of your account or to any of your Content. If your access to or use of the Epicurate Platform has been limited, your Epicurate account has been suspended or this agreement has been terminated by us, you may not register a new account or access or use the Epicurate Platform through an account of another Member.

6.6 Survival

Any provision of these Terms that by its nature survives termination of this agreement will survive termination and will continue to apply even if you stop using the Epicurate Platform or terminate your Epicurate account.

7. Modification

Epicurate may modify these Terms at any time and from time to time. When we make material changes to these Terms, we will post the revised Terms on the Epicurate Platform and update the “Last Updatedˮ date at the top of these Terms. We will also provide you with notice of any material changes by email, notification through the Epicurate Platform, messaging service or any other contact method made available by us and selected by you at least 30 days before the date a change becomes effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided above. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Epicurate Platform will constitute acceptance of the revised Terms.

8. Resolving Complaints and Damage Claims

If a Member provides valid evidence that you, any other person participating in an Experience or other Provider Service with your position, or anyone or any animal under your control has:

(i) damaged the complaining Memberʼs property (real or personal) or any property for which the complaining Member is responsible or in which that Member has an economic interest; or

(ii) caused loss of income via the Epicurate Platform or other consequential damages which result directly from the damage caused under (i) above; or

(iii) otherwise caused the complaining Member to incur direct costs in excess of the Memberʼs reasonably expected costs (each of (i), (ii) and (iii), (a “Damage Claimˮ)),

the complaining Member may notify Epicurate and/or seek compensation. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Epicurate and Epicurate determines in its sole discretion that the Damage Claim is valid and you are responsible for it, Epicurate, via Epicurate Payments, is authorized to collect the amount of the Damage Claim from you. You agree that Epicurate may seek to recover from you under any insurance policies you maintain and that Epicurate may also pursue any remedies against you it may have available under applicable law, including referral of the matter to a collections agency and/or pursuit of available causes of action and/or claims against you. In connection with Damage Claims Member complaints, claims under insurance policies or other claims related to your status as a Client or use of the Epicurate Platform, you agree to cooperate in good faith, provide additional information, execute documents and take further action as Epicurate reasonably may request.

9. Epicurateʼs Role

We offer you the right to use the Epicurate Platform in accordance with these Terms. We do not and cannot control your conduct or the conduct of other Clients, Providers or Partners. You acknowledge that Epicurate has the right, but does not have any obligation, to monitor the use of the Epicurate Platform and verify information provided by our Members. For example, we may review, disable access to, remove or edit Content to (i) operate, secure and improve the Epicurate Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Membersʼ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine, in our sole discretion, is harmful, objectionable or otherwise inappropriate; (v) take actions contemplated by these Terms; and (vi) maintain and enforce any quality or eligibility standards. You acknowledge and agree that Epicurate administers Terms, including decisions about whether and how to apply them to a particular Member or in a particular situation, at its sole discretion. You agree to cooperate with and assist Epicurate in good faith and to provide Epicurate with such information and take such actions as may be reasonably requested by Epicurate with respect to, any investigation undertaken by Epicurate regarding the use or abuse of the Epicurate Platform. Epicurate is not acting as an agent for you or any other Member except where Epicurate Payments acts as a collection agent as provided in the Payments Terms.

10. Member Accounts

You must register an account to access and use the Epicurate Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Epicurate Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You must provide accurate, current and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else without the prior written consent of Epicurate. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party except in connection with a permitted transfer of your account as described above. You are responsible and liable for activities conducted through your account and must immediately notify Epicurate if you suspect that your credentials have been lost, stolen or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information; (ii) undertake checks designed to help verify your identity or background; (iii) screen you against third-party databases or other sources and request reports from service providers; and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

11. Disclaimer of Warranties

We provide the Epicurate Platform and all Content “as isˮ, without warranty of any kind, and we expressly disclaim all warranties, whether express or implied, including, without limitation, warranties of non-infringement, merchantability, accuracy or fitness for a particular purpose. Without limiting the generality of the preceding sentence in any way, by way of example (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Provider, Provider Service, Listing, Partner or third party; (ii) we do not warrant the performance or non-interruption of the Epicurate Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Members (if any) will identify past or prevent future misconduct. Any references to a Member or Listing being “verifiedˮ (or similar language) indicate only that the Member or Listing or Epicurate has completed a relevant verification or identification process and nothing else. You acknowledge and agree that you will not hold or seek to hold us or any third-party provider responsible for content provided by or through you and that we are not a party to any transaction between or among users of the Platform. We have no control over and do not guarantee the safety of any transaction, Experience or other Provider Service or the truth or accuracy of any Listing or other Content, other than such as we may provide, on the Platform.

The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Epicurate cannot disclaim, the application and duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

12. Limitations on Liability

Neither Epicurate (including its affiliates and personnel) nor any other party involved in creating, producing or delivering the Epicurate Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute products or services or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms; (ii) the use of or inability to use the Epicurate Platform or any Content; (iii) any communications, interactions or meetings you may have with someone you interact or meet with through or as a result of, your or their use of the Epicurate Platform; or (iv) publishing of a Listing, including the provision of Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Epicurate has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments under these Terms, in no event will Epicurateʼs aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any other Members or your use of or inability to use the Epicurate Platform or any Content exceed (A) to Clients, the amount paid thereby during the 12-month period prior to the event giving rise to the liability; (B) to Providers, the amount paid to you as a Provider in the 12-month period prior to the event giving rise to the liability; or (C) to anyone else, one hundred U.S. dollars (US$100).

You acknowledge that these limitations of liability and damages are fundamental elements of the agreement between you and Epicurate. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

13. Release and Indemnification

In the event you have a dispute with any other Member(s) (including, without limitation, a dispute regarding any transaction or Content you provide) or with any third party provider or any third party website that may be linked to or from or otherwise interact with the Platform, you hereby agree to remise and forever release the Epicurate Platform and all related persons and entities from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees and related costs and expenses and reimbursements of any nature whatsoever, whether known or unknown, which have arisen or hereafter arise from, relate to, or are connected in any way with such dispute and/or your use of the Platform.

If you are a California resident or otherwise entitled to rely on California law, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creator does not know or suspect to exist in his favor at the time of executing the release which, if know by him must have materially affected his settlement with the debtor.”

To the maximum extent permitted by applicable law, you agree to release, defend, indemnify and hold Epicurate and its agents, officers, directors and stockholders (including any entity or individual other than Epicurate associated with Epicurate Payments, other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees and related costs and expenses, arising out of or in any way connected with or otherwise related to the business we conduct on the Platform, growing out of, including or connected with (i) your breach of these Terms; (ii) your use of the Epicurate Platform other than in compliance with these Terms; (iii) your interaction with any Member, participation in an Experience or other Provider Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use; or (iv) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event (whether or not we so elect) shall you settle any matter without our prior written consent.

14. United States Governing Law and Venue

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to principles of conflicts of law. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement herein must be brought in state or federal court in Kent County, Delaware, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Kent County, Delaware.

15. Dispute Resolution and Arbitration Agreement

THE FOLLOWING SECTIONS PROVIDE THAT YOU AND EPICURATE AGREE TO RESOLVE CERTAIN DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE CLASS ACTION AND JURY TRIAL WAIVERS.

15.1 Mandatory Pre-Arbitration Dispute Resolution and Notification

Before initiating arbitration, you must give us the opportunity to resolve any claim by notifying us of the claim in writing and attempting in good faith to negotiate a mutually acceptable resolution in accordance with the process set out below.

You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to 10459 NE Fox Farm Rd, Dundee, OR 97115.

The Notice must contain (1) your name; (2) your address; (3) the email address you provided to us when you established your account; (4) a brief description of the nature of your complaint; (5) the resolution that you are seeking; and (6) your signature.

If you and we are not able to arrive at a mutually acceptable resolution your complaint within 60 days following our receipt of your Notice, you may commence an arbitration proceeding. Engaging in this Pre-Arbitration Dispute Resolution and Notification process is a requirement that must be fulfilled before commencing arbitration. The American Arbitration Association (“AAAˮ) (the organization that would conduct the arbitration), shall not have authority to administer or adjudicate the claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while we engage in the dispute resolution process required by this Section.

15.2 Agreement to Arbitrate

You and Epicurate mutually agree that, except as otherwise explicitly provided below, and subject to prior completion of the Pre-Arbitration Dispute Resolution and Notification process described above, any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation hereof, or any use of the Epicurate Platform, or any Content or any provision of Provider Services (collectively, “Disputes) will be settled by binding arbitration on an individual basis (the “Arbitration Agreement). If there is a dispute about whether this Arbitration Agreement can be enforced under or applies to a Dispute, you and Epicurate agree that an arbitrator will decide that issue. For the avoidance of doubt, you and Epicurate agree that any question regarding arbitrability and the formation, enforceability, validity, scope or interpretation of all or part of this Arbitration Agreement, including any dispute over compliance with any pre-Dispute notice requirement and a partyʼs responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

15.3 Exceptions to Arbitration Agreement

You and Epicurate agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a partyʼs copyrights, trademarks, trade secrets, patents or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Epicurate Platform. You and Epicurate agree that any request for the remedy of injunctive relief will proceed after the arbitration of all arbitrable claims, remedies or causes of action, and will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act.

Notwithstanding the foregoing arbitration provisions, either you or we may bring or remove, any claim or cause of action in or to a small claims court of competent jurisdiction if the claim or cause of action is within such court’s jurisdictional limit; provided that such court does not have, or will agree to not exercise, the authority to entertain any claims or causes of action on a class or representative basis, or to consolidate or join the claims or causes of action of other persons or parties who may be similarly situated in such proceeding. If the claims or causes of action asserted in any demand for arbitration are within the small claims court’s jurisdictional limit, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, or in accordance with the AAA rules, by notifying the other party of that election in writing.

You and we agree that, except as specifically set out herein, any and all proceedings to resolve Disputes will be conducted only on an individual basis and not in a class, consolidated or representative action, including without limitation as a private attorney general. The arbitrator may not, except as specifically set out herein, consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

15.4 Arbitration Forum Rules and Governing Law

This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act, and not state law, governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement. The arbitration will be administered by the AAA in accordance with the Selected Federal Rules and the AAAʼs Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rulesˮ) then in effect, except as specifically modified hereby. The AAA Rules are available at www.adr.org. If the AAA cannot or will not administer the arbitration, you and Epicurate shall confer and select an alternative arbitral forum and, if we are unable to agree, either you or Epicurate may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, except that those rules that are inconsistent with the provisions of this Arbitration Agreement will not apply.

15.5 Arbitratorʼs Decision

The arbitrator will issue a written decision, which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimantʼs individual claim.

15.6 Jury Trial Waiver

You and Epicurate acknowledge and agree that each is waiving the right to a trial by jury as to all arbitrable Disputes.

15.7 Severability

If any portion of Section 15 is found to be unenforceable or unlawful for any reason (1) such portion will be severed and the remainder of the Section will be given full force and effect; (2) the finder of fact determining unenforceability or unlawfulness shall be directed to replace the portion found unenforceable or unlawful with another provision that as closely as possible fulfills the intentions in the first instance of the parties in entering into the portion being replaced; and (3) if the finder of fact cannot or does not provide such replacement, to the extent that any Dispute must therefore proceed on a class, collective, consolidated or representative basis, such Dispute must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Disputes in arbitration.

15.8 Survival

This Section 15 will survive any termination of these Terms and will continue to apply even if you stop using the Epicurate Platform or terminate your Epicurate account.

16. Miscellaneous

16.1 Interpreting these Terms

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Epicurate and you pertaining to your access to and use of the Epicurate Platform and supersede any and all prior oral or written understandings or agreements between Epicurate and you.

Headings to the sections in these Terms are for reference only and do not limit the scope or extent of any such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail.

16.2 No Third-Party Beneficiaries

These Terms are not intended to, and do not, confer any rights or remedies upon anyone other than you and Epicurate.

16.3 Severability

If any portion of this agreement is found to be unenforceable or unlawful for any reason (1) such portion will be severed and the remainder of the agreement will be given full force and effect; (2) the finder of fact determining unenforceability or unlawfulness shall be directed to replace the portion found unenforceable or unlawful with another provision that as closely as possible fulfills the intentions of the parties in the first instance in entering into the portion being replaced; and (3) if the finder of fact cannot or does not provide such replacement, the parties shall replace the unenforceable or unlawful provision with one to which they mutually agree that as closely as possible fulfills their intention in the first instance in entering into the portion found unenforceable or unlawful.

16.4 No Waiver

Epicurateʼs failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

16.5 Assignment

You may not assign, transfer or delegate this agreement or your rights or obligations hereunder without Epicurateʼs prior written consent. Epicurate may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.

16.6 Notice

Unless specified otherwise (1) any notices or other communications to you permitted or required under this agreementAgreement will be provided electronically and given by Epicurate via email, Epicurate Platform notification, messaging service or any other contact method we enable and you provide and will be deemed given upon dispatch and (2) any notices or other communications from you to Epicurate permitted or required under this agreement Agreement must be provided [be provided in writing, addressed to 10459 NE Fox Farm Rd, Dundee, OR 97115 and will deemed given upon receipt electronically and given by you via email, Epicurate Platform notification or messaging service.

16.7 Platform Content

Content made available through the Epicurate Platform, including without limitation trademarks, trade dress, inventions, algorithms, computer programs (in source code and object code), customer and marketing information and other content (“Platform Contentˮ), whether registered or unregistered, may be protected by copyright, trademark, patent, trade secrets, know how, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for Platform Content are the exclusive property of Epicurate and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Platform Content accessed through the Epicurate Platform except to the extent you are the legal owner of that Platform Content or as expressly permitted in these Terms or as expressly agreed in writing by the legal owner of such Platform Content. Subject to your compliance with these Terms, Epicurate grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use its application(s), if any, on your personal device(s) and (ii) access and view the Platform Content made available on or through the Epicurate Platform and accessible to you, solely in connection with your otherwise permitted use of the Platform.

16.8 Force Majeure

Epicurate shall not be liable for any delay or failure to perform resulting from abnormal or reasonably unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

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