Papa's in the Kitchen (collectively, “PITK,” “we,” “us” or “our”) welcomes you to use our Website (the “Website”) for PITK, to browse and purchase PITK products and services, which are then delivered to the address designated by you.

By accessing the Website and using our products and services, you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”), which may be updated by PITK from time to time. In addition, when using the Website, our products and services, you agree to abide by any applicable posted guidelines, which may change from time to time, and to comply with all applicable laws and regulations. Should you object to any of these Terms, any guidelines, or any subsequent modifications, or if you become dissatisfied with PITK, its products or services, and/or the Website, you should immediately discontinue use of the Website.

These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see below at section 13), including our agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out. Unless you exercise your right to opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.

These Terms will remain in full force and effect as long as you are a user of the Website, and in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms.

It is your responsibility to periodically review these Terms. Nevertheless, PITK reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Website and/or our services and/or products after our publication of any such changes shall constitute your acceptance of these Terms, as modified.

This Website is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have full power and authority to enter into these Terms. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PITK and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

All eatable products are delivered in an insulated cooler bag with ice packs (the PITK “Cooler Bag”).

To maintain the freshness, you should immediately refrigerate all products in each PITK Cooler Bag upon opening your PITK Cooler Bag.

You should consume the products within three (3) days after delivery, although seafood should be consumed within two (2) days of delivery to ensure optimal freshness.

 

PITK contracts delivery services to deliver our PITK Cooler Bag.

We deliver to all of Los Angeles County, with some areas excluded.

Deliveries will be made Sunday through Friday, between 12am and 5am local time fresh everyday. 

PITK Cooler Bag will be delivered and dropped off at the area you designated.

In the case of bad weather or unforeseen courier issues, we will deliver your order as soon as reasonably possible when the conditions permit or we may need to cancel your order.

 

You are solely responsible for, and assume all risks related to the safe heating and consumption of the products you receive from us. You are also responsible for knowing about any food allergies you, or those you serve these products to, may have. You understand, acknowledge and agree that we store, portion and package products containing all major allergens and cannot guarantee that cross-contamination will not occur between products. You must verify the products (and their contents) you receive from PITK before consuming such products.

You agree that upon placement of your order, PITK may immediately charge your credit card for payment for any charges incurred under your account. You also agree that you are personally liable for all charges incurred under your account and are fully responsible for all activities that occur under your account. If you have a question about a PITK charge on your credit card statement, please contact customer service by phone at (310) 729- 6282 during posted hours or email papasinthekitchen@gmail.com.

All sales are final. If something unexpected happens during the fulfillment of your order, we reserve the right to cancel your order for any reason. You may also cancel your order with a 3 business-day notice. If your order is cancelled, the credit remaining on your account is transferable. You may gift it to someone else or use it towards our products and services in the future.

For quality issues, please contact us within 3 business days of your delivery at telephone number (310) 729 - 6282 during posted hours or email papasinthekitchen@gmail.com. In some cases, we may need further documentation from you in order to resolve your request.

PITK grants you a limited, revocable, nonexclusive, non-transferable license to access the Website and use the Service for your own personal use only. You agree that no Materials or Content (as defined in Paragraph 8 below) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our written permission. Violation of these Terms, including without limitation modification or use of Materials on the Website for any purpose other than those permitted in these Terms, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Service, and also may constitute the infringement of our copyright, trademark and/or other rights. You shall not attempt to access any of our other systems, programs or data that are not made available for public use. Except as expressly stated in the Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of PITK or any third party, in connection with your use of the Website and any Materials provided by us or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images, the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) and button icons, are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.

You may browse the Website and view certain content without registering, but as a condition to using certain aspects of the Website, including purchasing Products, you are required to register with us and select a username (“Username”) and password. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account with us. You shall not (i) select or use as a Username either the name or email of another person with the intent to impersonate that person; (ii) use as a Username either a name or email subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Username either a name or email that is otherwise illegal, offensive, vulgar or obscene. We reserve the right to refuse registration, cancel a Username or deny your access to the Website in our sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and security information. You shall never use another user’s account without such other user’s express written permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. You will be responsible for the confidentiality and use of your Username, and for any and all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Website to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your User ID, disclosure of your User ID, or your authorization of anyone else to use your User ID. If you have reason to believe that your account with us is no longer secure, you must promptly change your password and Contact Us immediately to notify us of the problem.

From time-to-time, PITK may offer Promotions by and through the Website, or other means. By providing true and accurate information in connection with the applicable Promotion registration form(s) and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, a chance to win the prize(s) and other awards offered through each Promotion, if any. You understand and agree that PITK shall not be liable to you or any third party for any claim in connection with your participation in any of the Promotions.

You agree that in connection with your use of the Website, you will not do any of the following:

Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials, or enforce limitations on use of the Website or Materials.

Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.

Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.

Use any data mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent.

Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website.

Use any meta tags or any other “hidden text” utilizing the name “PITK” or any substantially similar name without our written consent.

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.

“Frame” or “mirror” any part of the Website.

Engage in spamming or flooding.

Remove any copyright, trademark or other proprietary rights notices contained on the Website.

Use the Website or Materials for any unlawful purpose.

(i) Make any resale or commercial use of the Website or Company Materials; or (ii) make any derivative use of the Website or Company Materials.

The Website may contain links to other websites, which are completely independent of this Website and are provided to you only as a convenience. PITK makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. Your linking to any other websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such websites, and your access to and use of such websites is subject to the terms and conditions of use applicable to such websites. You agree that PITK is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).

You acknowledge that PITK may establish limits concerning use of the Website and/or our service and/or products and reserves the right at any time to modify our services and products (or any part thereof), as wells as the Website’s content, functionality or hours of availability, upon publishing notice of such changes on the App.

You acknowledge that any of the foregoing Limitations will not be cause for a refund for any of our Products and that PITK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You acknowledge and agree that our Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms.

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation to you.

This Website is owned and operated by PITK. All right, title and interest in and to the materials provided on this Website, including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”) are owned either by PITK Except as otherwise expressly provided by PITK, none of the Materials may be copied, republished, reproduced, uploaded, downloaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website, apps or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of PITK intellectual property rights, whether by implication, estoppel, or otherwise. Any rights not expressly granted herein to you are hereby reserved by PITK. 

All Website design, text, graphics, and the selection and arrangement thereof, are owned by PITK Copyright © 2011, Papa’s in the Kitchen, LLC ALL RIGHTS RESERVED.

“PITK” the Company’s logo, “Papa’s in the Kitchen”, “CHEF MADE MEALS, CURATED FOR YOU” all images and text, and all page headers, custom graphics and button icons are service marks, registered trademarks and/or trade dress of PITK. All other trademarks, product names and company names or logos cited herein or on the Website are the property of their respective owners.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PITK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATED, TO THE ACCESS TO OR USE OF THIS APP OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). IF THERE IS LIABILITY IN ANY LEGAL PROCEEDING FOUND ON THE PART OF PITK, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, IT WILL BE LIMITED TO THE AMOUNT PAID TO THE COMPANY FOR THE PRODUCTS, EXCEPT AS PROVIDED IN AND PURSUANT TO THE ARBITRATION AGREEMENT, BELOW. CERTAIN STATES DO NOT ALLOW THE EXCLUSION OF LIMIATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. RESOLUTION OF THOSE CLAIMS, WILL BE GOVERNED PURSUANT TO THE DISPUTE RESOLUTION PROVISION PROVIDED BELOW.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless PITK, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party that is caused by, arise out of or are related to (a) any use or misuse of this Website, by you or any third party you authorize to access or use our Website, (b) any Feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of another. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and PITK. Please note that some jurisdictions may not allow rights of indemnification in certain circumstances. As a result, some of the above exclusion may not apply to you.

We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings, suspension or termination of your rights to use our Website. You agree that PITK shall not be liable to you or any third party for any termination of your access to the App, and you agree not to attempt to use the App after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.

The Terms and the relationship between you and PITK shall be governed by the laws of the State of California without regard to any conflicts of laws principles.

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Right Rights, Including Your Right to File a Lawsuit In Court.

Initial dispute Resolution: Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating arbitration.

Agreement to Binding Arbitration: If the parties do not reach an agreed upon solution with a period of thirty (30) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of AAA’s Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction, subject to review in accordance with applicable statutes governing arbitration awards. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.

THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN CIVIL COURT.

Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right To Opt-Out. You have the right to opt out and not be bound by the arbitration provision provided above. If you do not wish to be bound by this arbitration clause, you must notify PITK in writing within 30 days after registering to use the PITK website or App or your rejection of arbitration will not be effective. You must send your request to: papasinthekitchen@gmail.com. Your request must include your telephone number(s) and a clear statement of your intent, such as “I reject the arbitration clause stated in the PITK App Terms and Conditions.” Please be aware that if you exercise your right to opt-out, PITK also will not be bound by the arbitration provision.

Exclusive Venue For Litigation. To the extent that the arbitration provisions set forth above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal court located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.

The Terms constitute the entire agreement between you and PITK and govern your use of the Website and our Services and Products, superseding any prior agreements between you and PITK. The failure of PITK to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that PITK may have under trade secret, copyright, patent or other laws. The employees of PITK are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on PITK except in a writing signed by an authorized officer of PITK. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., PITK.

You warrant, represent and agree that, by accessing and/or using of the Website, its Content and/or the Services, you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.