Please review the following Terms carefully. If you do not agree to these Terms, you should not purchase our Products and Services or use or access the Website. The terms “Kooshi Gourmet” or “we” or “us” or “our” refer to Kooshi Gourmet LLC.
Acceptance of Agreement
We reserve the right, at our discretion and without prior notice, to revise these Terms from time to time without notice to you. The latest version of these Terms will be posted on this Website. You should review these Terms carefully before using our Website and purchasing any Products or Services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
The Website is not targeted toward or intended for use by anyone under the age of 18. By accessing and using the Website, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
Terms of Sale
You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. After having received your Order, we will send you a confirmation email and/or phone call with details of the Products and Services you have ordered.
All Orders from our Website are final and non-transferable. We do not offer refunds on purchased days of meal delivery service. If you have questions, please consult a representative prior to ordering.
Purchased days of Kooshi Gourmet meal delivery service do not expire. You can pause and resume service upon two business days’ notice by contacting us at (310) 694-4734.
For any changes to meal programs or delivery schedules, you must provide at least two business days’ notice by contacting us at (310) 694-4734. Without advance notice, we reserve the right to charge for any services rendered or not rendered. We also reserve the right to make changes to our offered Products and Services without notice to you.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your meal programs or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
We do not guarantee the accuracy of any nutritional information provided by us. You agree to disclose all dietary restrictions and allergies to us. We take great care to ensure that all of our dishes are prepared safely and separately. However, all of our meals are processed in the same kitchen, where allergens like milk, eggs, fish, shellfish, tree nuts, peanuts, and soy are present. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider.
We recommend you to inspect delivered meals you receive from us for damage or other issues upon delivery and to refrigerate meals upon delivery. The U.S. Department of Agriculture (“USDA”) provides instructions on refrigeration and food safety. We encourage you to comply with the USDA’s instructions. The USDA’s instructions on refrigeration and food safety can be found here. and its instructions on safe food handling can be found here. If Kooshi Gourmet meals will be consumed by pregnant women, young children, the elderly or individuals with compromised immune systems, we strongly encourage compliance with the USDA’s recommendations on food consumption for at-risk groups, which can be found here.
If you are not at home when your meal delivery arrives, we will generally leave the package for you at your door. Our meals are packaged in an insulated cooler bag and will typically remain cold and fresh for several hours, but advance planning by you should be made for immediate and proper storage of your meals. We recommend that you specify delivery instructions when you complete your Order, such as requesting that your delivery be left with a lobby attendant or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery unless you state otherwise in your delivery instructions to us. These Terms shall apply to deliveries accepted by any such alternative receiver as if you had personally accepted the deliver.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order (for example, flood, fire, earthquake, power outage, and such other acts or circumstances beyond our control), we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. If timely delivery of your Order is not feasible, we will cancel your Order for the period so affected and issue you a credit of promotional value that will be automatically applied to your next eligible Order or refund of the purchase price for that portion of the Order.
Unless otherwise stated, Kooshi Gourmet and/or our licensors own the intellectual property rights for all material on Kooshi Gourmet. All intellectual property rights are reserved. You may view and/or print pages from http://kooshigourmet.com for your own personal use subject to restrictions set in these Terms.
You agree that you will not:
Republish material from our Website;
Sell, rent or sub-license material from our Website;
Reproduce, duplicate or copy material from our Website; or
Redistribute content from our Website (unless content is specifically made for redistribution).
Certain parts of this Website offer the opportunity for users to post and exchange opinions, information, material and data (such user posts, “Comments”) in areas of the website. Kooshi Gourmet does not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of Kooshi Gourmet, our agents or our affiliates. We do not endorse any Comment posted to our Website, or any opinion, recommendation or content expressed therein. To the extent permitted by applicable laws, Kooshi Gourmet shall not be responsible or liable for Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of Comments on this Website.
Kooshi Gourmet reserves the right to monitor all Comments and to remove any Comments which the Company considers in its absolute discretion to be inappropriate, offensive, unlawful or otherwise in breach of these Terms.
You warrant and represent that:
You are entitled to post all Comments submitted by you on our Website and have all necessary licenses and consents to do so;
Your Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party.
Your Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; and
Your Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Kooshi Gourmeta non-exclusive, royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without obtaining prior written approval:
Online directory distributors, provided, that they must list us in the directory and link to our website in the same manner as other listed businesses; and
Systemwide Accredited Businesses, except in no event may soliciting non-profit organizations, charity shopping malls, and charity fundraising groups hyperlink to our Website.
The following organizations may link to our Website only if they are granted prior written approval from us, which approval may be granted or denied in our sole discretion:
Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
com community sites;
Associations or other groups representing charities, including charity giving sites;
Online directory distributors;
Accounting, law and consulting firms whose primary clients are businesses; and
Educational institutions and trade associations.
We will typically approve link requests from the organizations listed in paragraph 22 if we determine that: (i) the link would not reflect unfavorably on us or our businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (ii) the organization does not have an unsatisfactory record with us; and (iii) the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization. However, for the avoidance of doubt, we may deny any request made under this paragraph for any reason or for no reason at all.
If you are among the organizations listed in paragraph 22 and are interested in linking to our Website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization’s name, contact information (such as a phone number and/or e-mail address) as well as the URL of your organization’s website, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our Website to which you would like to link. We will respond to your request within two to three weeks.
Regardless of paragraphs 21 and 22 of these Terms, in no event may any organization link to our Website if the link: (a) is in any way misleading; (b) falsely implies our sponsorship, endorsement or approval of the linking party or its products or services; or (c) does not fit within the context of the linking party’s site.
Organizations authorized to link to our Website under paragraphs 21 and 22 shall hyperlink to our Website as follows:
By use of our corporate name, “Kooshi Gourmet”; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party’s website.
In no event shall an organization use our logo or other artwork for linking absent a trademark license agreement.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, offensive or illegal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Website. In the event we make such a request, you agree to immediately remove all links to our Website.
Without our prior approval and express written permission, you may not create frames around our webpages or use other techniques that alter in any way the visual presentation or appearance of our Website.
Third Party Content; Copyright Infringement
If you find any link on our Website or any linked website objectionable for any reason, you may notify us in writing. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. We do not control, endorse or adopt third-party content on our Website (including, without limitation, advertisements and Comments), and we make no representations or warranties regarding such third party content.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Your written notice to us must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You can direct your written notice to our Copyright Agent at 8581 Santa Monica Blvd. #464, Hollywood, CA 90069 or via email at firstname.lastname@example.org. If you fail to comply with these requirements, your written notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Whilst we endeavor to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy, nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE MAKE NO AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE PRODUCTS AND SERVICES, TO THE EXTENT PERMITTED BY APPLICABLE LAW. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY OR ADEQUACY OF THE PRODUCTS AND SERVICES FOR ANY PURPOSE OR USE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, PUNITIVE, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF THE WEBSITE, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE KOOSHI GOURMET FROM AND AGAINST, AND COVENANT NOT TO SUE KOOSHI GOURMET FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Notice to California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to Kooshi Gourmet, LLC, Attn: Legal, 8581 Santa Monica Blvd. #464, Hollywood, CA 90069 with your email address and a request for these Terms. In addition, under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The provider of this Website is Kooshi Gourmet, LLC. If you have a question or complaint, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Dispute Resolution and Binding Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH KOOSHI GOURMET AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KOOSHI GOURMET.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Products and Services, you and Kooshi Gourmet agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of Kooshi Gourmet or you may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Los Angeles, California. Kooshi Gourmet and you both give up the right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Kooshi Gourmet are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Kooshi Gourmet intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
These Terms, your access to and use of the Website, and your order of Products and Services are governed by, and construed in accordance with, the laws of the State of California (including its statutes of limitations and Cal. Civ. Code § 1646.5), without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.
You agree to indemnify, defend and hold harmless Kooshi Gourmet, and our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including reasonable attorneys’ fees, costs, penalties, interest and disbursements) arising out of or related to (a) your use this Website; (b) your violation of these Terms; (c) your conduct with respect to our Products and Services; or (d) your infringement of intellectual property or any rights of any third party.
You will 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.
The failure by use 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 Kooshi Gourmet LLC.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To you. We may provide any notice to you under these Terms by: (a) sending a message to the email address you provide or (b) by posting to the Website. It is your responsibility to keep your email address current.
To us. To pause, resume or amend your order with us, contact us at (310) 694-4734. To give us any other notice under these Terms, you must contact us as follows: (a) by email to email@example.com or (b) by personal delivery, overnight courier or registered or certified mail to Kooshi Gourmet, 8581 Santa Monica Blvd. #464, West Hollywood, CA 90069. We may update the email address or address for notices to us by posting a notice on the Website.
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.