Effective as of 1/1/2020
Welcome! The Yummly® digital recipe and cooking platform is a collaborative space to find, discuss and share information about all things food, and that provides features to help users manage ingredients and cooking, through the Yummly website (the Site), a Yummly mobile or web-based application (like our iOS or Android apps, bookmark tool or the Yum button) (an Application), and/or connected products (Smart Products) (collectively the Services). These terms and conditions (Terms) govern your access to and use of the Services (as described below), and any information, text, graphics, videos, or other materials appearing on the Services (collectively referred to as Content). Your access to and use of the Services is expressly conditioned on your compliance with these Terms. Other features, services or tools of the Services may also be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. By accessing or using the Services, you agree to be bound by these Terms.
For our Yummly Pro subscribers, please be sure to review the Yummly Pro Subscription terms.
THESE TERMS CONTAIN BOTH A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION. THESE PROVISIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION/JURY TRIAL WAIVER PROVISION. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE SERVICES.
Use of the Services
The Services may change from time to time without prior notice to you and we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
License to Use the Services
Subject to your compliance with these Terms, Yummly grants you a non-exclusive and non-transferable single user license to download and install one (1) copy of the Application to your mobile device, tablet and/or computer, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute an Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Services; (iv) make the functionality of the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
In order to access, use or receive certain Services, you may register and create an account (Account) and become a Registered User by either registering through our Site or Application or by using your account with a third party social network website, like Facebook (a Social Network Site). In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you will be required to provide certain personal information about yourself and establish a username and a password. You will also have the option of providing certain personal information about other people in your household so that we may link to them to your Account, or so you can otherwise represent them through your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account or with your Smart Products, whether or not you have authorized such activities or actions. Yummly is not liable for any loss or damage arising from your failure to comply with the above requirements.
In order to provide you with certain Services, you have the option of logging in to Yummly using your username/login and password to various Social Network Sites or other online sites and accounts that you wish to link with your Account. If you decide to log in using one of these other accounts, you grant Yummly permission to access these accounts solely to the extent necessary to provide these Services. You may also link your accounts on other Social Network Sites or other online sites to your Yummly Account in order for Yummly to provide certain Services. If you link accounts, you grant Yummly permission to store information (such as your social account usernames) to the extent necessary to provide the Services.
Any personal information that you provide to Yummly is subject to our Privacy Notice, which governs our collection and use of your personal information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt-out from receiving.
Features To Help Manage Ingredients And Cooking
Yummly may offer features to help you manage ingredients and cooking, such as ingredient recognition, voice recognition, calendar planning, and guided recipe features. When offered, these features are intended to be a convenience for you, but always check the results before relying on them.
We are always trying to improve the range of ingredients and accuracy of our ingredient recognition methods. But our methods may be unable to detect certain ingredients, and may sometimes incorrectly identify ingredients. Check the results - especially if you have any eating restrictions or allergies.
Guided recipe features may be available on select recipes, and allow you to follow recipe instructions using on-screen prompts. If you have a compatible, connected appliance, some of these recipes may also enable you to remotely control your appliance as you follow the instructions. You may be required to connect or configure your appliance to enable the remote control.
Our guided recipes are designed to result in dishes that are properly cooked, and we hope your dishes come out just right. But cooking results can vary based on the specifics of your kitchen, your ingredients, your cooking utensils, and your appliances. As with any recipe, you may need to adjust your cooking approach or cooking times. Always check your food for doneness before consumption. Consuming undercooked meats, poultry, seafood, shellfish, or eggs may result in illness.
When controlling your connected appliance remotely through Yummly, you should confirm that instructions are being properly transmitted to your appliance. You should also monitor your appliance throughout the cooking process.
All features of the Services, including ingredient and cooking features, are subject to change or removal at any time, without notice.
Our Smart Products connect to our Applications to help you manage your cooking. To connect your Smart Product, download an Application, which will guide you through the steps to set up connect your Smart Product. If you have problems or questions, please contact us.
We provide the Smart Products as a convenience, and we hope they make things easier for you. You agree to always use the Smart Products responsibly, and use proper care, good judgment, and common sense. In particular:
- Always follow your Smart Product’s instructions, Use & Care Guide, Quick Reference Guide, or other documentation.
- When cooking, always follow recommended guidelines (such as from your country’s food authorities), and be sure to check your food for doneness before eating. Consuming undercooked foods (such as meats, poultry, seafood, or eggs) may result in illness.
- Use caution around heat, including when using Smart Products that get hot during normal product usage.
- Confirm that your Smart Product is properly charged and operational, and that your Application and Smart Product are communicating.
- Do not rely on the Smart Products or any of the Services to prevent accidents, damage, fire, injury, or other hazards.
IT IS YOUR RESPONSIBILITY TO OPERATE YOUR SMART PRODUCTS SAFELY AND TO MAINTAIN YOUR SMART PRODUCTS IN GOOD WORKING ORDER. FAILURE TO DO SO MAY RESULT IN DAMAGE TO YOUR SMART PRODUCTS OR PROPERTY, BODILY HARM, AND/OR SERIOUS INJURY OR DEATH.
You agree that Yummly is not responsible for any damage or loss caused by failures, delays, or improper uses of the Smart Products. You can delete your Smart Product from an Application at any time. You may sell, loan or give your Smart Product to someone else. If you do, you agree to: (i) tell them that it is a Smart Product; and (ii) delete the Smart Product from your Application. After giving up your Smart Product, your right to use the Smart Product automatically terminates and you agree to not attempt to access or use the Smart Product or interfere with anyone else’s access to or use of the Smart Product.
Service Updates, including Additions, Modifications, or Discontinuations
Business and technology needs evolve, so we may add, modify, or discontinue (collectively, “Update”) the Services at any time through software updates to your Applications and Smart Products, and you consent to these Updates. You agree to use the most up to date version of software available for your Applications and your Smart Products. You agree that Yummly may Update the Services (in whole or in part) at any time and that you will provide Yummly access to do so. In some cases we may Update the Services remotely without notifying you, and you consent to these automatic Updates. You acknowledge that Updates may require your Smart Product to be reset, restarted, or be temporarily unavailable for use. You agree that you will promptly install any Updates that Yummly provides. When downloading or installing an Update, be sure to read descriptions. All features and functions of the Smart Products are subject to change, and may be modified or removed at any time.
To help ensure the security of your Smart Products, you agree to keep your network and devices up to date and follow all recommendations from your network device manufacturers. This includes ensuring that your router’s firmware and software are fully up-to-date with all available updates and patches.
Content on the Services
Yummly is a place where many Registered Users and other content publishers can write, contribute and edit Content through the Services. While we intend Yummly to be a collaborative space where users and publishers can share useful and interesting information about food, Yummly is not responsible for screening and/or verifying the information provided on or through the Services and we make no guarantee or warranty that the information provided is accurate, complete, reliable or safe to practice. Sometimes, Registered Users contribute content that is not related to food or that includes recipes for products not intended for human consumption. You agree that you use the content on Yummly at your own risk.
The Services may include advertisements or other forms of content sponsored by third parties (emails, blog posts and articles, recipes, ingredients, grocers, etc.). We hope you love the content we show you, and we want you to know that Yummly may receive compensation for some of the sponsored content made available through the Services, or may receive compensation if you follow the links associated with this content. The offers we show you are subject to change without notice. The sponsored content may be targeted to the Content or information on the Services, queries you make through the Services, information we learn about you, or other information. The types and extent of sponsored content on the Services are subject to change. In consideration for Yummly granting you access to and use of the Services, you agree that Yummly and its third party collaborators may place such advertising or sponsored content on the Services or with the Content, including where the Content is submitted by you or others.
Yummly may provide Content, including recipes, that are geared towards individuals following certain diets or that may have certain medical conditions. These are provided for informational and convenience purposes only, and are not intended to be (and do not constitute) dietary, nutritional, medical, or food safety advice or recommendations. You should consult with a medical or nutrition professional before starting any dietary program.
Content You Submit
By uploading, posting, submitting or otherwise transmitting any Content through the Services, you grant Yummly a worldwide, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, store, copy, adapt, modify, create derivative works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology, for the purposes of operating, providing, improving and promoting the Services. You agree that this license includes the right for other users of the Services to access, view, modify, edit, download and print any Content, such as recipes and images, for their own personal and non-commercial purposes. Yummly does not claim any ownership rights in your Content and you retain ownership rights to any Content you submit, post or display on or through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. We reserve the right at all times and for any reason to remove or refuse to distribute any Content that you provide through the Services that violate these Terms.
You may remove your Content from the Services at any time by specifically deleting it or, if that is not possible, by sending us a request. If you remove your Content, Yummly may retain a copy of your Content for backup, archival, or audit purposes and may continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
Fees and Payment
We may charge fees for the use of certain portions or aspects of our Services, which will be described in the Services and/or these Terms. Fees are subject to change at any time. You agree that we may charge fees to your credit card or other payment account for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the mobile features of the Services, and you are responsible for the payment of those charges and rates.
Yummly Pro Subscriptions
Yummly ProTM (Yummly Pro) is an automatically renewing premium paid subscription feature on the Yummly Application and Site that provides home cooks with video recipe instruction and inspiration from influential chefs and well-known personalities. Accessing Yummly Pro cooking content requires an auto-renewing subscription, but the general Yummly platform (available via the Application and Site) remains free to use.
Automatic Renewal of Yummly Pro
You may purchase access to Yummly Pro for a specified fee, and your subscription will automatically renew every month until you cancel. We will automatically charge the associated fee (plus any applicable taxes) to your credit card or other payment method in your Yummly Account each month unless you cancel Yummly Pro as described below.
To avoid being billed for the next month’s fee, you must cancel your subscription at least 24 hours before the end of your current monthly subscription period. To cancel your subscription, or to see your next renewal date or the current fee for your subscription, visit your Yummly Settings page.
If you cancel your Yummly Pro subscription, your access will end on the last day of your monthly subscription period. To access Yummly Pro or its content after you cancel your subscription, you will need to purchase a new subscription, at which time different fees, terms, and conditions may apply.
Free Trial and Promotional Offers for Yummly Pro
We may offer promotional or free trial offers that provide access to Yummly Pro for a short period of time at a discounted fee, as described in connection with each offer. Additional terms may apply to promotional or free trial offers. If you sign up for a free trial or promotional offer, your subscription will automatically convert to a paid subscription unless you cancel before the end of the trial or promotional period.
Eligibility for a free trial or promotional offer will be determined by Yummly, in our sole discretion. We may limit the eligibility or duration of free trial or promotional offers at any time and for any reason. We reserve the right to revoke any offer and put your Account on hold if we determine that you are not eligible for the offer.
Yummly Pro Subscription Plans
We may offer various types of subscriptions or access to Yummly Pro. Some subscription plans may have different terms, conditions or limitations that will be disclosed in connection with those plans. You can find information regarding your Yummly Pro subscription on the Settings page of your Yummly Account.
Payment for Yummly Pro
You must maintain accurate and up-to-date credit card or other payment information in your Account. You authorize us to charge any credit card or other payment method associated with your Account. If a payment is unsuccessful, we may suspend your access to Yummly Pro until you provide a valid payment method. Yummly assumes no responsibility or liability if your subscription fails to renew or expires because of invalid payment information. You remain responsible for any uncollected amounts.
Cancellation of Yummly Pro subscriptions
To cancel your Yummly Pro subscription, go to your Yummly Settings on the Yummly Site or Application and follow the instructions for cancellation. You may cancel your Yummly Pro subscription at any time; you will continue to have access to Yummly Pro through the end of your current monthly billing period.
If you signed up for Yummly Pro through an App Provider (such as the Apple App Store or the Google Play Store) and you want to cancel your subscription, you will need to cancel through that App Provider – for example by visiting your account with the applicable App Provider and turning off the “automatic renewal” option. Your App Provider may also provide additional billing information about Yummly Pro through your account with that App Provider.
If you cancel your Yummly Pro subscription, you will still have access to your Yummly Account.
We may terminate, restrict, or suspend your access to Yummly Pro without credit or refund to you for any reason in our sole discretion, including if we determine that your activity violates these Terms, is improper, involves fraud or misuse, or harms or interferes with our or any other person’s interests.
Content Changes to Yummly Pro
We want to keep content you love available on Yummly Pro, but there are a variety of reasons why certain Content might need to be changed or removed. Yummly Pro Content is subject to change or removal at any time without notice. Content removal does not entitle you to a refund (full or partial) of subscription fees.
Refunds for Yummly Pro
Subscription fees for Yummly Pro are nonrefundable, except where prohibited by applicable law. If you cancel, you will not receive a refund or credit for any partial-month access to Yummly Pro.
Deleting Your Yummly Account
If you want to delete your Yummly Account, you may be required to cancel your Yummly Pro subscription before your Account can be deleted. Simply deleting the Yummly Application from your device will not result in your being unsubscribed from Yummly Pro.
Eligibility and Use Restrictions for Yummly Pro
To subscribe to Yummly Pro, you must be a U.S. resident, at least 18 years of age or the age of majority in your jurisdiction. You are permitted to use Yummly Pro for personal, non-commercial uses only and may not share Yummly Pro content with individuals beyond your household. You may download recipes, ingredient lists, and cooking instructions for personal use, but Yummly Pro video Content is for streaming use only and may not be downloaded to any devices. You agree not to circumvent, remove, alter, or thwart any Content protections in the Yummly Application or Site.
Sponsored Content & Advertising in Yummly Pro
We want you to know that certain Content on Yummly Pro may be sponsored by a third-party advertiser, or may contain third-party advertising. Yummly may also promote and advertise its own products or services through Yummly Pro. In addition, the personalities or chefs that are featured in Yummly Pro might be incentivized to encourage users to sign up for Yummly and to visit their Yummly Pro Content.
Yummly respects copyright law and expects its users to do the same. It is Yummly's policy to terminate in appropriate circumstances, account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Yummly's Copyright Policy for further information.
Third Party Services
The Services also contain links to third party websites, resources and services provided by third parties. Yummly is not responsible or liable for: (i) the availability or accuracy of such services; or (ii) the information, products, or services available on or through such third parties. The availability of such third party services does not imply any endorsement by Yummly. You are responsible for and assume all risk arising from your use or reliance of any third party services.
Please review these guidelines for posting on Yummly (which are a part of these Terms) to better understand what is prohibited on the Services. You agree that you will not post, upload, submit or otherwise transmit Content that: (i) is an advertisement or endorsement of a product or service without Yummly’s express written permission; (ii) is useless or of no value to others; (iii) is knowingly false or intended to mislead, confuse, or deceive others; (iv) promotes illegal or harmful activities or substances; (v) contains items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall (vi) is harassing, threatening or insulting to others; (vii) violates the privacy, publicity, moral or any other proprietary right of others; (viii) is defamatory, obscene, pornographic, vulgar or offensive; or (ix) otherwise violates these Terms.
You also agree not to do any of the following while accessing or using the Services: (i) attempt to access, tamper with, or use non-public areas of the Services, Yummly's computer systems, or the technical delivery systems of Yummly's providers; (ii) gather and use information, such as other users' names, real names, email addresses, or other information available through the Services to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iii) use the Services for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; (iv) violate any applicable law or regulation; or (v) encourage or enable any other individual to do any of the foregoing.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that Yummly has no obligation to monitor your access to or use of the Services but has the right to do so for the purpose of operating the Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Yummly and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding Yummly or the Services (Feedback) will be the sole and exclusive property of Yummly and you hereby irrevocably assign to Yummly all of your right, title and interest in and to all Feedback.
Subject to your compliance with the terms and conditions of these Terms, Yummly grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Yummly solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Yummly or its licensors, except for the licenses and rights expressly granted in these Terms.
In addition, certain Content may be provided through the Services pursuant to a Creative Commons License. You may only copy, modify and redistribute such Content marked with the Creative Commons License outside of the Services as long as you meet the terms of the applicable Creative Commons License under which that Content was made available.
You can terminate your Account at any time by deactivating your Account or by providing notice of termination to us. If you breach any of these Terms, Yummly will have the right to suspend, disable or terminate your access to or use of the Services, at its sole discretion and without prior notice to you. Yummly will not be liable to you or any third party for termination of your access or use of the Services. Any suspension or termination will not affect your obligations to Yummly under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
When you download a mobile Application through the Apple App Store, Google Play or other app store or distribution platform (each an App Provider), you acknowledge and agree that: (i) these Terms are concluded between us, and not with the App Provider, and that we (not the App Provider), are responsible for our software; (ii) the App Provider has no obligation to furnish any maintenance and support services with respect to our Application or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to our Application, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our Application fails to conform to any applicable legal or regulatory requirement; (iv) the App Provider is a third party beneficiary of these Terms as related to your license of our Application, and the App Provider will have the right to enforce these Terms as related to your license of our Application against you; and (v) you must also comply with all applicable third party terms of service when using our Application.
The Services are Available "AS-IS"
You understand and agree that the Services and Content, and all materials, information, products and services included therein, are provided to you on an AS IS and on an AS AVAILABLE basis. Without limiting the foregoing, YUMMLY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICES AND APPLICATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Your use of the Services is at your sole discretion and risk. Yummly will not be responsible for any harm to your computer, mobile device or tablet computer, appliance, loss of data or other harm that results from your use of the Services. Yummly makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Yummly makes no representation or warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through the Services, any information, goods or services promoted or displayed through the Services or any transactions entered into through the Services.
The Content, including the recipes and all related information and commentary made available through the Services, as well as any ingredient management or cooking features, are for informational and convenience purposes only and are not intended to be (and do not constitute) dietary, nutritional, or food safety advice or recommendations specifically for you and no advice or information, whether oral or written, obtained from Yummly or through the Services will create any warranty not expressly made herein. You are solely responsible for ensuring that any food you prepare is properly cooked, and for monitoring your appliance and the doneness of your food. You agree that Yummly is not responsible or liable for any harm or damage (including illness) that you or anyone else experiences as a result of consuming food prepared utilizing the Service's recipes or features. You also agree that Yummly is not responsible or liable for any harm or damage that you experience as a result of cooking instructions failing to reach your appliance, you leaving your appliance unattended, or improper functioning of any feature of the Services or your appliance.
You are also solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services.
You agree to defend, indemnify, and hold Yummly, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUMMLY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; (IV) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT YUMMLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to or application of conflict of laws rules or principles. The failure of Yummly to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms and our Privacy Notice are the entire and exclusive agreement between Yummly and you regarding the Services, and these Terms supersede and replace any prior agreements between Yummly and you regarding the Services. We may revise these Terms from time to time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.
As used in this Arbitration provision and the subsequent Class Action Waiver provision, "you" and "your" includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns.
This Arbitration Agreement (Agreement) is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever that You may raise against Yummly, Whirlpool and its and their, heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, assigns, and each of their respective shareholders, directors, officers, employees, agents, and representatives (collectively, the “Affiliated Entities”), whether in contract, tort or otherwise, including but not limited to statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with: all aspects of the Services, including the Site, the Applications, the Smart Products, and all content on the Site and Applications; any products sold or advertised on the Site or Applications (including but not limited to the use, design, testing, manufacture, marketing, advertising, or labeling of any product advertised or purchased on or through the Site or Applications); and these Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Terms) (all of which are collectively referred to herein as Claims).
You agree that you will assert any Claim against Yummly and/or the Affiliated Entities by arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (AAA Rules), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the extent there is any inconsistency between the terms of this Arbitration provision and the AAA Rules the provisions of this provision shall apply. The AAA Rules, forms and information are available online at www.adr.org, or can be obtained by calling the AAA at 1-800-778-7879. Unless Yummly and you agree otherwise, any arbitration hearing(s) will take place in the province or jurisdiction in which you reside.
In the event that any provision of this Arbitration provision or the Class Action Waiver provision is found to be invalid or unenforceable in a particular case or jurisdiction, that provision will be severable in that case or jurisdiction, as the case may be, without affecting the validity and enforceability of the remaining provisions of the Agreement, and shall not affect the validity and enforceability of the Agreement in other cases and jurisdictions.
In the event that you intend to commence an arbitration or a court proceeding, you must first notify Yummly by contacting us at the following address, with a copy also sent to [email protected]: ATTN: Legal Counsel; Yummly, Inc.; 883 E. San Carlos Ave., San Carlos, CA 94070 (Notice) and attempt to resolve your Claim. If you and Yummly and/or the Affiliated Entities do not reach an agreement to resolve your Claim within 30 days after Notice has been provided, either party may commence an arbitration proceeding in accordance with this Agreement.
We agree to pay your filing, administration, service, case management, arbitrator and reasonable hearing fees. You may be ordered to reimburse us in whole or in part for any of the amount that we pay if the arbitrator or the court, as the case may be, finds that any of your Claims were filed for purposes of harassment or are frivolous.
CLASS ACTION WAIVER
READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND YUMMLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator against Whirlpool and/or the Affiliated Entities. Further, unless both you and Yummly agree in writing, the arbitrator may not consolidate your claim with another person's claim, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.