Welcome to the Picky-palate.com website (“Site“). Picky-palate.com maintains this Site to provide general information to our visitors. All use of this Site is subject to the following terms and conditions. By accessing and browsing this Site, you agree to be bound by these terms and conditions.
Copyright. This Site, including all text, images, software and other content contained herein, is the property of Picky-palate.com or its suppliers and is protected by United States and international copyright laws. The compilation and arrangement of all content on this Site is the exclusive property of Picky-palate.com and is protected by United States and international copyright laws. All rights reserved.
Trademarks. All Picky-palate.com marks, graphics, photographs, logos, designs and trade names used and displayed on this Site are service marks or trademarks of Picky-palate.com and are the sole and exclusive property of Picky-palate.com. The “look and feel” of this Site constitutes proprietary trade dress of Picky-palate.com. All other trademarks not owned by Picky-palate.com that appear on this Site are the property of their respective owners. You may not use any such marks for any purpose whatsoever without the express prior written permission of the owner.
Use of Site; Restrictions. You may view and print material displayed on this Site subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain without modification all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof. You may not copy or otherwise use this Site or any portion hereof, except as expressly provided above. You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this Site or any portion hereof, except with the express prior written permission of Picky-palate.com. Use of data mining, robots and similar data gathering and extraction tools is expressly prohibited. Links to this Site should not be made without the express prior written permission of Picky-palate.com. Nothing contained in this Site shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of Picky-palate.com or any third party. Any rights not expressly granted herein are reserved.
No Rendering of Advice. The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, design, or other professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and Picky-palate.com.
Accuracy of Information. While Picky-palate.com uses reasonable efforts to furnish accurate and up-to-date information, Picky-palate.com does not warrant that any information contained in or made available through this Site (including, without limitation, any information provided directly by representatives of Picky-palate.com) is accurate, complete, reliable, current or error-free. Picky-palate.com assumes no liability or responsibility for any errors or omissions in the content of this Site or such other materials or communications.
Disclaimer of Warranties and Limitations of Liability. THIS SITE IS PROVIDED BY Picky-palate.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Picky-palate.com AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Picky-palate.com AND ITS AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. Picky-palate.com DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Picky-palate.com AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, GOODWILL, DATA OR USE), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to Third Party Websites. For your convenience, this Site may provide hyperlinks to websites and servers maintained by third parties. Picky-palate.com does not control, evaluate, endorse or guarantee content found in such sites. Picky-palate.com does not assume any responsibility or liability for the actions, products, services or content of these sites or the parties that operate them. You should carefully review their privacy statements and other conditions of use. Your use of these sites is entirely at your own risk.
Feedback and Other Submissions. All comments, feedback, suggestions, ideas and similar submissions furnished to Picky-palate.com in connection with your use of this Site shall be deemed assigned to and shall remain the property of Picky-palate.com. No such submissions shall be subject to any obligation of confidence on the part of Picky-palate.com, and Picky-palate.com shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure. You represent that you have the lawful right to furnish such submissions to Picky-palate.com and agree that you will not submit any information unless you are legally entitled to do so.
Termination or Suspension of Access; Modifications to Site. Picky-palate.com reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of these terms and conditions or any inappropriate or unlawful behavior on your part. In addition, Picky-palate.com reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Picky-palate.com shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
Dispute Resolution. Any controversy or claim arising out of or relating to these terms and conditions or breach hereof, or otherwise relating to this Site (with the exception of injunctive relief sought by Picky-palate.com for any violation of Picky-palate.com’s proprietary rights), shall be settled by binding arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties. Each such arbitrator shall be an attorney having experience and familiarity with information technology disputes. The location of arbitration shall be Orange County, CA, USA. The arbitrators shall have the right to award costs, fees and expenses, including but not limited to the arbitrators’ fees and reasonable attorneys’ fees, to the prevailing party. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties.
Applicable Laws; Exclusive Jurisdiction. Picky-palate.com maintains this Site in Orange County, CA, USA. Picky-palate.com makes no representation that this Site or any content on or accessed through this Site is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this Site and any dispute arising therefrom shall be governed by the laws of the State of California, USA, without regard to principles of conflict of laws. SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN ORANGE COUNTY, CALIFORNIA, AND YOU EXPRESSLY CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
Modifications. Picky-palate.com reserves the right to modify these terms and conditions at any time upon posting. By continuing to use this Site after any changes are posted, you acknowledge your acceptance of the revised terms and conditions. Please visit this page regularly to review the then-current terms and conditions to which you are bound.
Miscellaneous. If there is a determination that any provision of these terms and conditions is invalid or unenforceable under applicable law, that determination will not affect the rest of these terms and conditions, and these terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Picky-palate.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against Picky-palate.com arising out of or related to use of this Site or under these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.