Terms of Service

Disclaimers

The StirDelish website is provided on an “as-is” and “as available” basis, and StirDelish and our suppliers explicitly disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including but not limited to the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers do not guarantee that the website will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful components, complete, legal, or safe. If applicable law requires any warranties regarding the website, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation of Liability

To the maximum extent permitted by law, in no event shall StirDelish or our suppliers be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or inability to use, the website even if StirDelish has been advised of the possibility of such damages. Access to and use of the website is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the website. We may suspend or terminate your rights to use the website at any time for any reason at our sole discretion, including for any use of the website in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the website will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from our live databases. StirDelish will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.

Copyright Policy

StirDelish respects the intellectual property of others and asks that users of our website do the same. In connection with our website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online services who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing the copyright(s) in a work through the use of our website, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• Your physical or electronic signature.
• Identification of the copyrighted work(s) that you claim to have been infringed.
• Identification of the material on our services that you claim is infringing and that you request us to remove.
• Sufficient information to permit us to locate such material.
• Your address, telephone number, and email address.
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and in the event of substantial changes, we may notify you via email to the most recent email address you provided to us and/or by prominently posting notice of the changes on our Site. It is your responsibility to ensure that we have your current email address. Even if the last email address you provided is invalid, our sending of the email containing such notice will constitute effective notice of the described changes. Changes to these Terms will be effective either thirty (30) calendar days after we send the email notice or thirty (30) calendar days after we post notice of the changes on our Site, whichever comes first. These changes will take immediate effect for new users of our Site. Your continued use of our Site following notice of such changes indicates your acknowledgment of and agreement to be bound by the revised terms and conditions.

Dispute Resolution

Please carefully read this Arbitration Agreement as it is a part of your contract with the Company and impacts your rights. This agreement involves MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes related to the Terms or the use of any Company product or service that cannot be resolved informally or in small claims court will be settled by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed, all arbitration proceedings will be conducted in English. This agreement applies to you, the Company, and any subsidiaries, affiliates, agents, employees, predecessors, successors, assigns, and all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before initiating arbitration, the party seeking arbitration must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, along with the requested relief. Notices to the Company should be sent to the United States. Upon receipt of the Notice, both parties may attempt to resolve the claim or dispute informally. If a resolution is not reached within thirty (30) days, either party may begin arbitration. Neither party may disclose any settlement offer until after the arbitrator determines the award.

Arbitration Rules. Arbitration will be conducted by the American Arbitration Association (AAA) or an alternative dispute resolution provider agreed upon by both parties. The rules of the chosen provider will govern the arbitration process, except where they conflict with the Terms. The AAA Consumer Arbitration Rules are available at adr.org or by calling 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Claims seeking less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through non-appearance-based arbitration, at the option of the party seeking relief. Claims of Ten Thousand U.S. Dollars (US $10,000.00) or more will be subject to a hearing, unless the parties agree otherwise. Any hearing will take place within 100 miles of your residence, unless you reside outside the United States, in which case you will be given reasonable notice of the hearing location. The arbitrator’s award may be entered in any court with jurisdiction. If the arbitrator awards you an amount greater than the Company’s last settlement offer, the Company will pay you the greater of the award or $2,500.00. Each party is responsible for its own arbitration costs and fees.

Additional Rules for Non-Appearance-Based Arbitration. Non-appearance-based arbitration may be conducted by telephone, online, or based solely on written submissions, as chosen by the initiating party. No personal appearances by the parties or witnesses are required unless agreed upon by both parties.

Time Limits. Arbitration must be initiated within the statute of limitations and any deadline specified in the AAA Rules for the relevant claim.

Arbitrator’s Authority. The arbitrator will determine the rights and liabilities of the parties and will not consolidate claims or join parties. The arbitrator has the authority to grant monetary damages and non-monetary remedies available under the law, the AAA Rules, and the Terms. The arbitrator will issue a written award with essential findings and conclusions, and has the same authority as a judge in a court of law. The arbitrator’s decision is final and binding.

Waiver of Jury Trial. Both parties waive their right to a trial by jury and elect arbitration as the method for resolving claims and disputes. Arbitration is typically more efficient and less costly than litigation, with limited court review. In any litigation between you and the Company to enforce an arbitration award or otherwise, both parties waive their right to a jury trial.

Waiver of Class Actions. Claims and disputes must be resolved individually, and not through class or consolidated actions. Multiple customers’ claims cannot be combined or arbitrated together.

Confidentiality. All arbitration proceedings will be confidential, unless disclosure is required by law. This provision does not prevent a party from submitting necessary information to enforce this Agreement or an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part of this Arbitration Agreement is found to be invalid or unenforceable, that part will be severed, and the remainder of the Agreement will continue in full force and effect.

Right to Waive. Any rights or limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is brought.

Survival of Agreement. This Arbitration Agreement remains valid even after the termination of your relationship with the Company.

Small Claims Court. Either party may pursue individual claims in small claims court.

Emergency Equitable Relief. Either party may seek emergency equitable relief from a court to maintain the status quo pending arbitration.

Claims Not Subject to Arbitration. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of intellectual property rights are not subject to arbitration.

Governing Law and Jurisdiction. Any disputes not subject to arbitration will be litigated in state or federal courts in us County, California.

Export Control. The Site may be subject to U.S. export control laws. You agree not to violate these laws by exporting or re-exporting any U.S. technical data or products.

Company Information. If you are a California resident, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs.

Electronic Communications. By using the Site, you consent to receive electronic communications from the Company. These communications fulfill any legal requirements as if they were in hard copy form.

Entire Terms. These Terms constitute the entire agreement between you and the Company regarding the Site. Failure to enforce any provision does not waive the right to enforce it later. Section titles are for convenience and have no legal effect. If any provision is found invalid, the remaining provisions will remain in effect. Your relationship with the Company is that of an independent contractor.

Privacy Policy. Please review our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks displayed on the Site are property of the Company or third parties. You may not use these trademarks without written consent.

Contact Information

Address: Albion RD N Ottawa

Email: [email protected]