Forrest AM Food, LLC Terms of Service Agreement
Last Updated: September 6, 2019
Thank you for using the Forrest AM Food, LLC (“Forrest”) website (“Website”) and associated services, which include, but are not limited to, the placement of reservations, the purchase of dining tickets, and the provision of meal services (“Services”). Forrest provides you with the Website and the Services subject to the terms and conditions contained within this Terms of Service Agreement (hereinafter “Agreement”).
YOU HAVE A DUTY TO READ THIS TERMS OF SERVICE AGREEMENT.
By using the Website and the Services, including by purchasing tickets through the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of this Website and the Services immediately. Forrest reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Forrest replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website or Services after a change in the Last Updated date above will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.
a. User Warranties
By using the Website and its associated Services, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website or the Services on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
b. Limited License
You acknowledge and agree that the Website is the property of or is licensed by Forrest and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Forrest reserves all of rights not expressly granted through this Agreement.
Forrest provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
c. Acceptable Use Policy
You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.
d. Ordering and Payment
Payment for all orders for Services placed through the website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and Forrest until Forrest accepts your invitation to deal by performance, specifically, by accepting your order and providing the Services. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or Services, including, but not limited to, taxes applicable to the purchase of reservation tickets through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Forrest is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Forrest’s payment processor. You agree that you will not initiate any chargebacks to Forrest unless otherwise authorized by Forrest in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Forrest.
Though Forrest’s Food Studio is open to the general public, many of Forrest’s Services, such as date night cooking classes, brunch, lunch, or dinner services, and cooking demonstrations, may require ticketed reservations because seating within Forrest’s Food Studio is limited and because reservations help Forrest adequately plan its menus. Forrest may provide you with the ability to make reservations and purchase tickets for the Services through the Website. For Services that require ticketed reservations, reservations are granted on a first-come, first served basis. While Forrest strives to ensure that it has sufficient ticketing inventory for Services that require reservations and that its event listings are current, accurate, and complete, you understand and agree that Forrest will not be held liable or responsible for any lack of ticket inventory or inaccurate information in the listings provided on the Website. In the event Forrest discovers that inaccurate information is reflected on the Website, Forrest may, but is not required to, contact you to advise you of the issue.
Services that may require ticketed reservations include, but are not limited to, date night cooking classes, brunch, lunch, or dinner services, and cooking demonstrations. Where Forrest provides these Services, you understand and agree that all cancellations for Services that require ticketed reservations must be made a week in advance of the date scheduled for the Services. Amounts paid for all Services that require ticketed reservations that are not cancelled one week in advance of the date scheduled for the Services are non-refundable.
Where Forrest provides Services to you that require ticketed reservations including, but not limited to, date night cooking classes, brunch, lunch, or dinner services, and cooking demonstrations, you have a duty to read the menu for those Services prior to the date scheduled for the Services. You understand and agree that Forrest will not substitute foods displayed on the menu associated with the Services. Should you have any food allergies, you understand and agree that you are required to convey those food allergies to Forrest at least one week prior to the rendering of the Services so that Forrest may remove such foods from the Services.
f. Third Party Links
You acknowledge and agree that the Website may contain links to third party websites or content that Forrest does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Forrest will not be responsible for websites not under the ownership or control of Forrest.
g. Term and Termination
The term of this Agreement will begin upon your first accessing of the Website and will continue until the Services are terminated. Forrest reserves the right to terminate the Website or Services or your access to the Website or Services in its sole and absolute discretion and without prior notice.
You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Forrest, including but not limited to FORREST, A FOOD STUDIO, are common law or registered trademarks owned by or licensed to Forrest. You are expressly prohibited from using the trademarks of Forrest to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Forrest in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
i. Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS ASSOCIATED SERVICES IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT FORREST WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE OR ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR ITS SERVICES OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE AND ITS SERVICES IS AT YOUR SOLE RISK AND THAT FORREST'S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR SERVICES OR $1000, WHICHEVER IS LESS.
FORREST WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO THE SERVICES OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
You agree to indemnify, defend, and hold harmless Forrest, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of Services; (iii) your use or misuse of Services; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Forrest will not provide you with the ability to control Forrest's defense, and Forrest reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
k. Choice of Law and Stipulation to Jurisdiction
You agree any and all claims arising out of or related to your use of the Website or the Services shall be exclusively brought in Grand Traverse County District or Circuit Court or the Western District of Michigan. You specifically agree to the exclusive jurisdiction in Grand Traverse County District or Circuit Court or the Western District of Michigan. This agreement is to be governed exclusively by Michigan law. No other forum or choice of law is acceptable. In the event Forrest prevails in any action arising out of or related to this Agreement, Forrest shall be entitled to its reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief it may be entitled.
l. Force Majeure
Forrest will not be responsible for any delay or failure in performance of the Website or its associated Services arising out of any cause beyond Forrest's control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, including, but not limited to, your duty to indemnify and defend Forrest.
In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
You are expressly prohibited from assigning your rights and duties under this Agreement. Forrest reserves the right to assign its rights and duties under this Agreement, including in a sale of Forrest or its Website.
No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.