THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

BY USING THE WHOOZCOOKING.COM WEBSITE OR MOBILE APPLICATIONS, CREATING AN ACCOUNT WITH WHOOZCOOKING, OR PLACING AN ORDER THROUGH THE WHOOZCOOKING PLATFORM, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT USE THE SITE OR APP IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE OF MAJORITY (IF GREATER THAN 18) IN YOUR JURISDICTION, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THE SITE OR APP, OR ANY OF THEIR CONTENTS, GOODS OR SERVICES.

These terms and conditions, including the Terms for Cooks and Terms for Consumers (collectively, these “Terms”) apply to the Whoozcooking.com website (the “Site”), the Whoozcooking mobile applications (the “Apps”), and to your use of Whoozcooking’s social media pages/accounts on third-party social media platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”). The Site and Apps together are referred to as the “Platform.” You should also carefully review our Privacy Policy.

These Terms form a binding contract between you and Whoozcooking (referred to as “Whoozcooking,” “us," “we,” or “our”). We may change these Terms without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services through this Site and frequently while you maintain an account with us. Your continued use of the Site and Apps, and continuation of your account with us, after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If you do not agree with the modified terms and conditions, you should stop using the Site and App and cancel your account.

This page contains the Terms applicable to all users of the Platform. In addition, Cooks who use the Platform to offer and sell food are subject to the Terms for Cooks, and consumers who use the Platform to browse for and purchase food are subject to the Terms for Consumers.

TERMS FOR COOKS

This section applies to persons using the Platform to advertise and sell their food (referred to as “Cooks”).

1. Our Role and Relationship

The Whoozcooking Platform is a marketplace where independent Cooks may offer foods they prepare for sale to consumers. Each Cook using the Platform is an independent seller who controls and is responsible for his or her business and products. There is no agency, partnership, joint venture, employment, or franchisor/franchisee relationship between you and Whoozcooking.

2. Payment, Our Fees, and Taxes

Cooks must set up an account with Stripe or another third-party payment processor acceptable to Whoozcooking to receive payment for their sales on the Platform. When a consumer purchases food from a Cook, Whoozcooking receives 15% of the sales price (not including gratuities, taxes, or delivery fees paid by the consumer). Our fee is deducted before your earnings are paid to you.

If the Cook delivers directly to consumers and charges a delivery fee, the Cook will receive the full amount of the delivery fee paid by the consumer. If the Cook chooses to offer delivery through a third-party delivery service, Whoozcooking will collect the delivery fee and pay it to the third-party delivery service.

If applicable, you also will receive sales tax paid by the consumer, which you are required to remit to the state. Cooks are solely responsible for compliance with applicable sales tax laws except to the extent that Whoozcooking is required by applicable law to collect and pay sales tax on their behalf. Cooks also are solely responsible for paying all taxes owed with respect to their income or profits earned from sales through the Platform. Whoozcooking will not withhold income or payroll taxes from Cooks’ earnings.

You understand and agree that Whoozcooking will be responsible for paying you for an order only if and when money is received from the consumer. You further agree that we may reduce the amounts payable to you by any amount you owe to Whoozcooking—for example, as reimbursement for consumer refunds.

3. Minimum Standards for Cooks

Whoozcooking requires that Cooks meet certain minimum standards for the benefit of all Cooks and consumers using the Platform. If you wish to sell food as a Cook on the Platform, you must complete our application process and be accepted by Whoozcooking. The application includes, but is not limited to, a questionnaire and interview.

Before you will be allowed to offer items for sale as a Cook, you must provide documentation to Whoozcooking that you have obtained Food Handler or Food Protection Manager Certification by completing an ANSI-accredited food safety course (such as ServSafe) and successfully passing the examination. You are solely responsible for the costs of obtaining and maintaining such certification.

To sell through our Platform, Cooks are required to carry business liability insurance, including product liability coverage. You must provide proof of such coverage before you will be permitted to sell on the Platform and, thereafter, upon request by Whoozcooking.

You agree that you will follow best practices for food safety at all times while you are preparing, handling, packaging, and storing food that you sell through the Platform. All menu items sold by you through the Platform must be prepared by you and/or your employees working under your direct supervision. You may not use Whoozcooking to sell food produced by third parties.

Cooks are solely responsible for creating their menus, descriptions of their menu items, and images of their menu items. You agree that menu item descriptions will accurately list all ingredients used, including food allergens. You further agree that menu item descriptions and imagery will be truthful and not misleading.

You also agree to comply at all times with Whoozcooking’s written policies for Cooks, which may be created and amended from time to time. We will provide you with notice of our policies and any materials changes to them.

4. Prohibited Items

Whoozcooking is a venue for Cooks to lawfully advertise and sell foods they prepare. You may not use the Platform to advertise or sell any non-food items, alcoholic beverages, drugs, cannabis products, dietary supplements, or any item you are not allowed to manufacture, store, distribute, or sell under applicable law. You also are not permitted to sell raw fish, raw shellfish, or raw milk products through the Platform.

5. Customer Relations

If you are accepted as a Cook to sell food through the Platform, you will decide what menu items to offer, how frequently you offer the items, and how many you offer for sale at a given time. When you post menu items available for purchase, you agree to fill all orders for the posted items by providing the purchased items as described on your menu, in the quantities ordered, and at the time and place specified by the consumer. If unexpected circumstances arise that will prevent you from fulfilling an order, then as soon as possible, you must notify the consumer through the App that their order has been cancelled.

You understand and agree that the Platform allows consumers to leave reviews, including ratings and written reviews, which will be publicly viewable. You will not have the opportunity to post responses to the reviews. Whoozcooking will not be responsible or liable for any consumer review or for any claims, liabilities, or losses related to a consumer review.

Send this information by mail to WhoozCooking ,Inc. 32 Walkers Brooks Drive, #1039 Reading, MA 01867 or by email at [info@whoozcooking.com]. You may also call1-855-946-6948

6. Delivery Services

Whoozcooking may make arrangements with third parties to make delivery services available for Cooks and consumers. Whoozcooking does not provide any delivery services itself. We have no responsibility or liability for the actions or omissions of any third-party delivery service. Each Cook may choose whether to offer delivery through a third-party delivery service. If a customer opts to have their order delivered by such a service, Whoozcooking will collect the delivery fee from the consumer and pay the full amount to the delivery service.

7. Compliance with Law

You agree that your use of the Platform as a Cook will, at all times, comply with applicable law, including without limitation laws applicable to licensing, processing, labeling, advertising, and sale of your food products. You are solely responsible for ensuring that your operations and use of the Platform complies with applicable law.

8. Termination of Services

Whoozcooking reserves the right to suspend or terminate the account of any Cook at any time, for any reason, in our sole discretion. Whoozcooking will suspend or terminate the account of any Cook who fails to comply with these Terms, our other policies, or applicable law.

You may cancel your Whoozcooking account at any time, provided that you first fill or properly cancel all pending orders.

9. Disclaimer of Warranties

We created Whoozcooking to support the growth of small, independent food businesses. While we hope that all Cooks using the Platform are successful, we make no guarantees of success. We cannot and do not guarantee that any consumer will purchase even one item from you. You understand and agree that we do not guarantee that you will obtain any particular results by using the Platform, following our policies and guidelines, or following suggestions that we may provide to you from time to time.

TERMS FOR CONSUMERS

This section applies to persons who use the Whoozcooking Platform to browse the offerings of Cooks, and order and purchase food through the Platform.

1. Our Role

The Whoozcooking Platform is a marketplace where you can find and buy foods prepared by independent sellers (referred to in these Terms as “Cooks”). You understand that Whoozcooking does not manufacture, store, inspect, sell, or deliver any of the items sold through the Whoozcooking Platform. The items offered through our Platform are produced, listed, and sold directly by independent Cooks. You understand that, while Whoozcooking requires Cooks to comply with the law and certain minimum standards, we cannot and do not verify that Cooks are in compliance with law or that they use safe practices.

2. Purchases, Taxes, Fees

When you place an order with a Cook on the Whoozcooking Site or Apps, you are committing to buy the advertised items in the quantities you select (up to the maximum quantity available for purchase at the time), at the place and time specified in the order. You will not be charged unless and until the order is picked up or delivered.

If you choose to pick up your order (from a Cook who offers that option), you agree to pick up the food at the agreed upon time and place. Cooks are not obligated to refund money for orders that are not picked up on time.

In addition to the purchase price of the items you order, you will be charged—and you agree to pay—all applicable sales taxes and delivery fees. If you choose to pay a gratuity to the Cook, you may add that to your payment. Cooks will receive 100% of any gratuity you add to your payment.

3. Disclaimer of Warranties

Whoozcooking does not make (and expressly disclaims) any warranties about the quality, safety, suitability, or legality of products sold through the Platform. Nor does Whoozcooking make any warranty about the completeness or accuracy of the product descriptions or any other information posted by Cooks on the Platform. We also do not make any representations or warranties about delivery services provided by third parties.

Any legal claim related to a product you purchase must be brought directly against the Cook of the item. You release Whoozcooking from any claims related to items sold through the Platform, including for product defects, personal injury caused by items purchased through the Platform, and misrepresentations or omissions by Cooks.

4. Food Safety and Allergens

You are responsible for inspecting all items delivered for any damage, spoilage, or other problems upon delivery. If you have any reason to believe that any food product in your delivery is not suitable for consumption, contact us at [insert customer service contact info and/or link contact page], and do not consume the item.

While we require Cooks to disclose ingredients they use, Whoozcooking does not and cannot verify that such disclosures are complete and accurate. Also, you should be aware that foods may be contaminated with allergens that are present in the kitchen or on equipment used by a Cook. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCT CONTENTS WITH THE SELLER. Unless a Cook explicitly states that they use an allergen-free facility, please assume that contamination with allergens is possible.

5. Complaints

If you have a complaint about a Cook, food you purchased through the Platform, or our services, please contact us at [CONTACT INFO].

Send this information by mail to WhoozCooking ,Inc. 32 Walkers Brooks Drive, #1039 Reading, MA 01867 or by email at [info@whoozcooking.com]. You may also call1-855-946-6948

TERMS FOR EVERYONE WHO USES OUR SITE, APP, AND SOCIAL MEDIA PAGES

This Section applies to everyone who accesses or uses the Whoozcooking Site, Apps, and/or Social Media Pages.

1. Registration and Consent to Communications

To access and use certain areas or features of the Platform, you will need to register for a Whoozcooking Cook or consumer account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Platform on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Platform or your account. You further understand and agree that Whoozcooking may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.

By creating a Whoozcooking account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided.

By providing your mobile phone number to us through the Site or App, you consent to receive calls or text messages at any such phone number sent by or on behalf of Whoozcooking, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the status of your order you will receive text messages from our tool free number : 855-946-6948 . If you wish to opt out of these text messages, please simply respond “Opt-out” in reply to any message sent by this phone number. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. Following such opt-out, you may continue to receive calls or messages for a short period of time while we process your request. It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details.

2. Our Right to Modify, Suspend, or Terminate Service

Whoozcooking reserves the right to terminate or suspend the account of any user of the Site or Apps, for any reason, at its sole discretion. Persons who violate these Terms will not be permitted to use the Site or Apps. You understand that you do not have a legal right to continue to use our Platform.

Whoozcooking also reserves the right to modify or discontinue any of its services with or without notice. You agree that Whoozcooking shall not be liable to you or to any third party for any modification, suspension, or discontinuance of its services.

We will not be liable or responsible for any failure to perform, or delay in the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

3. Prohibition on Improper Use

As a condition of your use of the Platform, you warrant that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms.

You agree that you shall not use the Platform: (a) in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or Apps; (b) in violation of Whoozcooking’s or any third party’s intellectual property or other proprietary rights; (c) in violation of any applicable laws; (d) to attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site or Apps, or make any unauthorized use thereof; (e) to obtain or attempt to obtain any content, materials, or information not intentionally made publicly available; (f) to use or attempt to use any “spider,” “robot,” “bot,” “scraper,” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Site, Apps, or portions thereof; (g) to transmit any message, information, data, text, software, or image, or other content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, or which otherwise may invade another’s right of privacy or publicity; (h) to post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation; or (i) to register, subscribe, unsubscribe (or attempt to register, subscribe, or unsubscribe) any party for any Whoozcooking service if you are not expressly authorized by such party to do so.

4. User Content

Content that you post to the Site, Apps, and/or Social Media Pages is referred to as “User Content”. User content may include text, images, videos, and any other content that you post on our Platform or Social Media Pages. You are solely responsible for the User Content you post. You represent that you have all necessary rights to your User Content and that you are not infringing or violating any third party’s rights by posting it.

You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, libelous, or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false or misleading or that uses the Platform in a manner that is fraudulent or deceptive.

If you submit User Content that you own to the Site, Apps, or Social Media Pages, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site, Apps, or to our Social Media Pages, you hereby grant Whoozcooking a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice, and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes.

You also agree that Whoozcooking is free to use any unsolicited ideas, concepts, know-how, or techniques that you send us for any purpose without compensation to you.

5. DMCA Compliance

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of limiting access to the Platform by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials from the Platform by contacting us (as set forth below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to WhoozCooking ,Inc. 32 Walkers Brooks Drive, #1039 Reading, MA 01867 or by email at [Admin@whoozcooking.com].

Send this information by mail to WhoozCooking ,Inc. 32 Walkers Brooks Drive, #1039 Reading, MA 01867 or by email at [info@whoozcooking.com]. You may also call1-855-946-6948

6. Our Intellectual Property

The Site, Apps, Social Media Pages, and all associated content, design, text, graphics, images, video, audio, and interfaces, as well the collection, selection, and arrangement thereof, and all associated software (collectively, the “Whoozcooking Materials”), are the sole and exclusive property of, or duly licensed to, Whoozcooking. The Whoozcooking Materials are owned by Whoozcooking or its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

The Whoozcooking name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of [WhoozCooking, Inc.] or its affiliates or licensors. You must not use such trademarks without the prior written permission of Whoozcooking. Cooks may use the Whoozcooking trademarks only in compliance with our Trademark Policy.

All other names, logos, product and service names, designs, and slogans on the Site, Apps, and/or the Social Media Pages are the trademarks of their respective owners.

7. Third-Party Sites, Services, and Content

If the Site, Apps, and/or the Social Media Pages contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You may also need to use a third partyʼs product or service in order to use our Platform (such as a third-party payment processor, a third-party delivery service, or a compatible mobile device to use our Apps). The third parties may require you to accept their own terms of use. Whoozcooking is not a party to those agreements.

Whoozcooking has no control over third-party sites, services, or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use any third-party websites, products, or services, you do so entirely at your own risk.

The Site, Apps, and/or the Social Media Pages may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by Whoozcooking, are solely the opinions and the responsibility of the person or entity providing those materials. Whoozcooking is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

8. Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, [WhoozCooking.com], governs the processing of all personal data collected from you in connection with your use of the Platform. By using the Platform, you consent to all actions taken by Whoozcooking with respect to your information in compliance with the Privacy Policy.

9. Disputes Between Users

Whoozcooking is not a party to any transaction between a Cook and a consumer. In the event of a dispute between a Cook and consumer, we may offer assistance to the parties to try to facilitate a resolution. We are not obligated to provide such assistance. You release Whoozcooking from any claims, demands, and damages arising out of disputes with other users or parties.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Whoozcooking, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity-holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Whoozcooking Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses, and costs of every kind and nature whatsoever (including reasonable attorneys’ fees) resulting from claims or demands of third parties (collectively, “Claims”) that are caused by, relate to, or arise out of (a) your actions or omissions, including your use (or misuse) of the Site, Apps, or Social Media Pages; (b) products you advertise and/or sell through the Platform; (c) content you post on the Site, Apps, or Social Media Pages; (d) your violation of these Terms, and (e) your violation of the rights of another. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us. You agree to cooperate with us in defending against any Claims for which you have an obligation to indemnify us.

11. Disclaimers, Limitation of Liability

Whoozcooking is a virtual marketplace where Cooks can advertise and sell, and consumers can browse and purchase, food items. Whoozcooking makes no representations or warranties regarding the products or services offered by Cooks through the Platform. Whoozcooking makes no representations or warranties regarding delivery services provided by third parties.

We make no representations concerning any content posted by users on our Site, Apps, or Social Media Pages. Whoozcooking is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users. You release us from all liability relating to User Content.

Your use of the Platform and Social Media Pages may involve interactions with other individuals, either online or in person. You release us from all liability relating to your interactions with other users. We encourage you to be cautious and exercise good judgment in all interactions with others, especially if you are sharing personal information or meeting someone in person.

YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR EXPECTATIONS. YOU USE THE PLATFORM SOLELY AT YOUR OWN RISK. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WHOOZCOOKING PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS.

IN NO EVENT SHALL THE WHOOZCOOKING PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO WHOOZCOOKING IN THE PAST SIX MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE WHOOZCOOKING PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, 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.

12. Disputes with Us, Binding Arbitration

If you have a complaint about our services that we are unable to resolve to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), Whoozcooking and you agree to resolve those disputes through binding arbitration or in small claims court instead of in courts of general jurisdiction.

YOU AND WHOOZCOOKING AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, ALL DISPUTES THAT ARISE UNDER OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PAST, PRE-EXISTING, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) WILL BE RESOLVED BY INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). Unless you and Whoozcooking agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879. If the value of your claim does not exceed $10,000, Whoozcooking will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WHOOZCOOKING SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS OR TO ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

You may elect to pursue your claim in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

13. Governing Law & Venue

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the Commonwealth of Massachusetts and the United States, respectively, sitting in Boston, Massachusetts.

14. Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Whoozcooking.

16. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Whoozcooking.

17. Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site and/or Apps. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to [Admin@whoozcooking.com]; or (ii) by personal delivery, overnight courier, or registered or certified mail to WhoozCooking ,Inc. 32 Walkers Brooks Drive, #1039 Reading, MA 01867 . We may update the address for notices to us by posting a notice on the Site and/or Apps. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

18. Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Entire Agreement

These Terms and the documents referenced herein, including our Privacy Policy, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

20. Survival

The Terms will remain in effect even after your access to the Platform is terminated, or your use of the Platform ends.