Terms and Conditions
Before getting into the technical legal jargon, here is what you need to understand:
The Local Chow is a marketplace that allows people to buy and sell home made food from each other under State Food Laws. Generally these are called “Cottage Food Laws,” though some states (such as Utah) have adapted more friendly laws (see Utah’s “Home Consumption and Homemade Food Act”).
As a buyer of food. You agree that you understand the food has not been inspected by the state and release both The Local Chow and the seller of the food from liability should you experience illness, death, or anything else after eating the food.
Each seller is required to provide a full ingredient list and allergen information. Sellers are responsible for ensuring this information is up to date and accurate. Consumers are responsible for thoroughly reviewing this information before making a purchase.
This is a community marketplace. The only way this works is if you all play nice with each other. Now, because we are required to in order to cover ourselves from being sued, here is the technical legal jargon:
Terms of Service
This notice sets forth the terms and conditions under which Local Chow, Inc., a Utah corporation, any features and services from the website Local Chow.com and mobile applications (collectively Local Chow) provides information on this website, as well as the terms and conditions governing your use of this website, along with any additional terms and conditions that may be referenced herein or that are presented elsewhere on the website in relation to a specific service or feature. By making use of this website or being redirected here from another domain, you agree to be bound by the terms and conditions that appear hereunder. The terms and conditions are subject to updating at any time without notice and such changes, additions or deletions shall be effective immediately upon posting. We may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. If at any time you do not accept the terms and conditions, do not access the website or any of its pages. Changes to the terms and conditions take effect when posted to the website. The Local Chow website allows home-based restaurants (“Restaurants”) to market and offer for sale meals for dine in, delivery, and/or pick up and customers to search for and purchase such meals. You should closely review the information concerning the Restaurants to ensure you are able to properly utilize and benefit from the Local Chow services. The Restaurants are obligated to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for you to understand that Local Chow does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws. You must make yourself comfortable through information provided by Restaurants on the Local Chow website or as requested by you directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws. Local Chow does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as “organic,” “kosher,” “macrobiotic” or allergen-specific standards such as “nut-free,” “gluten-free,” or “lactose-free.” However, Local Chow does not independently investigate or verify such representations. Local Chow shall not be liable or responsible for any food or services offered by Restaurants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. You are solely responsible for verifying the accuracy of delivery addresses, and Local Chow shall have no liability or responsibility for any such erroneous addresses.
LOCAL CHOW SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE OR YOUR USE THEREOF. THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT AND LINKS TO OTHER SITES, ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS AND MAY BE CHANGED WITHOUT PRIOR NOTICE. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Local Chow MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, ADEQUACY, APPROPRIATENESS, COMPLETENESS, CONDITION, CONTENT, QUALITY, RELIABILITY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEBSITE OR WHETHER SAME WILL BE UNINTERRUPTED. Local Chow EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
ARBITRATION AND WAIVER OF CLASS ACTION AND JURY TRIAL
ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS TERMS AND CONDITIONS ARE TO BE SETTLED BY BINDING ARBITRATION IN SAN FRANCISCO. YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES, WHETHER SUBMITTED TO ARBITRATION OR DECIDED BY A COURT, MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. YOU AND Local Chow HEREBY VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR Local Chow WHETHER THE DISPUTE OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT, TO THE FULLEST EXTENT ALLOWED BY LAW.
Reviews and Comments
If at any time, Local Chow enables site visitors to post reviews of and comments on products featured on the site, the party posting that comment or review grants Local Chow and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant Local Chow and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.
You may create a text link to the home page of this website only for legitimate business reasons on the condition that it is clear to the users that they are exiting your own website and entering a new website, you do not frame or in-line our website or its content, and you do not create a false association or endorsement or otherwise misrepresent your relationship with Local Chow. Likewise, as a convenience to you, Local Chow may provide links to third party websites, or permit third parties to link to this website. Because these other websites are not under our control, we cannot guarantee the quality, accuracy, timeliness or security of those websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Local Chow and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A link to or from another website does not necessarily imply an affiliation between Local Chow and the third party website owner or an endorsement of the third party site or any products or services that it describes. Your access to and use of any other websites linked to or from this website or any result of the presence of third-party advertisers on this website is at your own risk and we assume no obligation or liability in connection therewith. We may disable a link at any time and may remove links from this website at the third party owner’s request.
Products and Services Disclaimer
Please note that none of the information contained in this website should be viewed as a formal offer to sell or as a direct solicitation to purchase any of our products or services, nor should it be considered advice. Rather, the information on our products and services is provided to you so that you can learn what Local Chow can offer. We may make improvements and/or changes in the products, services and/or programs described on this site at any time without notice. Information on the website may include references to products or services not offered in your state or country or not available for purchase over the Internet in your state or country. Variations in state law may exist, and any statements that are general in nature are subject to change based on such variations. Availability of products or services may be dependent upon state regulations.
These Terms and any operating rules for this website established by Local Chow constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these terms are for the benefit of Local Chow, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. This website is controlled and operated by Local Chow from offices within the United States of America where you submit to the exclusive jurisdiction and venue of the courts in the state of California. We make no representation that materials at this website are appropriate or available for use outside of the United States or that access to their content from all territories is legal. You may not use the website or export the website materials in violation of U.S. laws and regulations. If you access this website from locations outside of the United States, you are responsible for compliance with all local laws. These terms and conditions which you have agreed to by visiting this website must be governed by the laws of the state of California, without giving effect to its conflict of laws provision.
Ordering Products and Services
You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of Local Chow websites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Local Chow website or use the Local Chow website services. All ordering is performed online. You will typically be billed directly by Local Chow for your orders, and “Local Chow” will be the name that appears on your payment records, but Local Chow shall not in any manner be considered the seller of the food. On occasion, credit card information will be provided to the Restaurants, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly. In such case, you hereby authorize Local Chow to transfer your credit card information to the Restaurant for processing.
Prices and Availability
All prices listed on Local Chow websites are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Local Chow shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card account charged. If your credit card account has already been charged for the purchase and your order is canceled, Local Chow shall immediately issue a credit to your credit card account in the amount of the charge. The availability of products or services and other items on each of Local Chow websites may change at any time, without notice.
Local Chow might offer premiums, subject to the terms and conditions expressly specified by Local Chow.
Terms of Purchase
Payment is due at the time of order. You agree to pay all fees and charges incurred in connection with your purchases including any sales taxes, surcharges and any delivery fees for the delivery service you select. The final charges for your order may be different than those stated on the website. Local Chow does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. Local Chow may require additional verification or information before accepting any order. By selecting to pay via credit card as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit card number information and associated payment information, including, but not limited to, the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. If Local Chow does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Local Chow or its agents. The final charges on your credit card may be different than those stated on the website. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges, if any. Local Chow does not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities. Without limiting other remedies, Local Chow reserves the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify Local Chow acceptance of your order, nor does it constitute confirmation of Local Chow offer to sell. Local Chow reserves the right at any time after receipt of your order to accept or decline your order for any reason. Local Chow reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Local Chow may require additional verifications or information before accepting any order. Your order is not accepted until Local Chow sends you a receipt and/or pick-up information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if Local Chow cancels all or a portion of your order or if Local Chow provides you less than the quantity you ordered, your sole and exclusive remedy is either (a) Local Chow will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) Local Chow will not charge your credit card for the cancelled portion of the order or the quantity not provided.
Questions and Suggestions
If you have questions or suggestions, please contact us at support@Local Chow.com.This agreement to which you consent constitutes the entire agreement between you and Local Chow and its affiliated companies with respect to your use of our website.
Because Local Chow is simply a marketplace platform, we allow each seller to set their own refund policy. Buyers who are unsatisfied with a purchase must first contact the seller for a refund. If circumstances arise which require Local Chow intervention, we reserve the right to process refunds for buyers.