STORK BITES, INC.

Terms and Conditions of Service


Welcome to the Stork Bites, Inc. (“Stork Bites”) website at http://www.stork-bites.com (the “Site”). These Terms and Conditions of Service (this “Agreement”) apply to those who visit and use the Site (such users, collectively or individually “Users”) and to all services provided by Stork Bites in connection with the Site (such services together with the Site, the “Services”) including without limitation our subscription baby food service.

Please read this Agreement carefully, as it (among other things) provides in Section 24 that you and Stork Bites will arbitrate certain claims instead of going to court and that you will not bring class action claims against Stork Bites.

BEFORE VIEWING OR BROWSING THE SITE OR USING THE SERVICES, PLEASE READ THIS AGREEMENT CAREFULLY. BY VIEWING OR BROWSING THE SITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN PLEASE DO NOT VIEW OR BROWSE THE SITE OR USE THE SERVICES.

Note for Children. Use of the Site by anyone under the age of 13 is prohibited. By using the Site, you represent and warrant that you are at least 13 years of age. Additionally, the Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.

1. PRIVACY POLICY.

Stork Bites’ Privacy Policy, is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

Individual Features and Services. When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services, offers and features which may be posted from time to time, including, without limitation, guidelines for pausing or cancellation of the Services available in the password-protected member account management area at http://www.stork-bites.com/user/sign_in (the “Guidelines”). All such Guidelines are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.

2. MODIFICATION.

We may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

3. REGISTRATION AND MEMBERSHIP; PRODUCT SALES.

In order to start your ongoing Stork Bite subscription, you must register as a member on our Site. To register, you must provide information about your baby (including its name and age), your selected subscription plan and shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Stork Bites, including your credit card information, is subject to Stork Bites’ Privacy Policy. You are responsible for keeping your registration information up to date through the member account management area on the Site. As a registered user of Stork Bites, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our newsletter and similar communications. You may opt-out from receiving special promotions or our newsletter by opting to unsubscribe as may be provided in the applicable e-mail correspondence. You cannot opt-out of certain e-mails regarding transactions you enter into with us.

4. DELIVERY.

As a subscribed Stork Bites member, at the intervals specified in your selected subscription plan, we will ship you a package with the meals specified in your selected subscription plan (“Products”). BY SUBSCRIBING YOU AGREE TO PAY THE SUBSCRIPTION FEE APPLICABLE TO YOUR SUBSCRIPTION PLAN.

5. BILLING AND PAYMENTS.

A. The price of the Services and/or Products is payable in full before delivery. You will automatically be charged each month during the subscription period. If you have committed to a subscription plan, you will automatically be charged during that subscription period. Guidelines and policies for pausing or cancellation of the Services available in the password-protected member account management area at https://www.stork-bites.com/user/sign_in. "You authorize us to continue billing the credit card on file for each shipment date in your subscription plan until and unless the subscription plan ends, changes, is paused or cancelled in accordance with the foregoing guidelines and policies. It is your responsibility to keep your payment method up-to-date, as well as to cancel your membership as described in the password-protected member account management area should you wish to discontinue your purchase of Products.

B. Payment processing for the Services is provided by Stripe, Inc. or such other third party payment processor as we may utilize from time to time (“Payment Processor”). Stork Bites does not collect or store your credit card information. You can find out more about both our privacy practices and our Payment Processor’s privacy practice in our Privacy Policy and the links therein. By providing a credit card or other payment method accepted by Stork Bites, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your use of your account.

6. SHIPPING AND RISK OF LOSS; TAXES.

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. You must notify Stork Bites within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped Products claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered Products may result in the cancellation of your membership. You may be charged, and are solely responsible for, applicable local and state sales tax, if applicable.
Our bundles ship twice a month, on the 1st and/or 15th. If those dates land on a weekend (Friday-Sunday) or a Holiday, the bundle will ship on the first business day thereafter.
Your bundle must be purchased 5 business day prior to the 1st or the 15th in order process your order and meet the ship date. If you place an order less than 5 business days, your shipment will go out with the next scheduled ship date. For instance, a purchase made on the 30th of the month will miss the 1st of the month shipment and will go out on the 15th.
As these Products are perishable, Stork Bites does guarantee the condition of the food Products of any delivery that has to be re-routed or is held for pick-up. Our Product packaging is designed to keep your order frozen for at least 24 hours from the time it leaves our facility. Shipments are scheduled for delivery no later than 5:00pm on the specified delivery date. You have a duty to accept and inspect each Product shipment immediately upon arrival to confirm that it is in good condition and to ensure that each Product is still frozen. If your delivery arrives later than 5:00pm on the specified delivery date of your order then immediately freeze all the meals and contact us at hello@stork-bites.com within 24 hours of receiving your package and prior to serving the meals that arrived in your package. We will determine in our discretion if a replacement package or refund is appropriate.
In the event that delivery is delayed as the result of weather or other impediments beyond our reasonable control, a scheduled delivery date may be modified or cancelled. If Stork Bites reasonably determines that a delivery cannot be made at or before the scheduled date/time, we may, in our sole discretion, offer a credit or refund. If You are not at home when Your delivery arrives, the courier will generally leave the package at the front door. Detailed delivery instructions can be provided when subscribing to a Plan, such as requesting that a delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a Product delivery is presumed to have authority to receive such delivery. In cases in an alternative recipient is designated, such person shall accept the delivery under all of the same terms and conditions that apply when You accept delivery personally.
The delivery address provided when subscribing to our Services/Product Plans will be the default delivery address. The Company will deliver a Product shipment to an alternative address upon request only if: (1) the request is made prior to the date on which You are to be charged for Your next order; and (2) the alternative address is within the geographic area in which Stork Bites then provides Services/Products. Stork Bites will continue to ship deliveries to the alternative address provided until notified otherwise. You remain solely responsible for providing the correct delivery address for shipments and Stork Bites has no responsibility for refused, returned, misaddressed or lost packages due to Your inadequate delivery instructions or failure to select the correct delivery address.
To ensure our food arrives frozen, our bundles are packed using dry ice. Please carefully open your bundle and KEEP IT OUT OF REACH OF CHILDREN. Dry ice should never been handled with bare hands, and should not be ingested. Please safely discard the dry ice by carefully picking up the bag it was stored it, refraining from touching the ice contents and safely discard. Then immediately place your food in your freezer. Stork Bites is not responsible for mishandling dry ice.

7. RETURNS AND EXCHANGES.

As the Products are perishable food items, Products may not be returned or exchanged. If you have concerns or problems with the Products you receive, please contact us at hello@stork-bites.com or via the contact area on the Site at https://www.stork-bites.com/contact and we will attempt to resolve the issue. Stork Bites shall not issue any refunds for the Products or Services except at its sole discretion.

8. INTERNATIONAL ACCESS.

The Site may be accessed from countries other than the United States. However, the Products and Services are only available for sale within the United States and U.S. territories. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

ERRORS, INACCURACIES, AND OMISSIONS.

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

9. OWNERSHIP; PROPRIETARY RIGHTS.

The Services are owned and operated by Stork Bites. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Services that are provided by Stork Bites (“Stork Bites Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Stork Bites Materials contained on the Site are the copyrighted property of Stork Bites or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Stork Bites or its affiliates and/or third-party licensors. Except as expressly authorized by Stork Bites, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Stork Bites Materials.

10. THIRD PARTY SITES.

The Services may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that Stork Bites is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.

11. THIRD-PARTY SERVICES.

The Services may include features or functionality that interoperate with online services operated by third parties (such services, “Third-Party Services”), pursuant to agreements between Stork Bites and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Stork Bites does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. Stork Bites shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Services in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.

12. PROHIBITED USES.

A. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. Access to the Stork Bites Materials or the Services from territories where their contents are illegal is strictly prohibited. Stork Bites Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.

B. Any use of any of the Stork Bites Materials other than for private, non-commercial use is strictly prohibited.

C. You may not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair them or interfere with any other party’s use of the Services. You may not intentionally interfere with or damage the operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services. You may not attempt to gain unauthorized access to the Services, or any part of them, other accounts, computer systems or networks connected to the Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services.

D. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.

E. You may not utilize framing techniques to enclose any trademark, logo, or other Stork Bites Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Stork Bites’s name or trademarks without our express written consent.

F. You may not deep-link to the Services and will promptly remove any links that Stork Bites finds objectionable in its sole discretion. You may not use any Stork Bites logos, graphics, or trademarks as part of the link without our express written consent.

G. You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

13. INFORMATION.

In order to access certain services on the Services, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Services under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

14. USER COMMUNICATIONS.

Under this Agreement, you consent to receive communications from Stork Bites electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. OWNERSHIP OF FEEDBACK.

Stork Bites alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any reviews, comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services (collectively, “Feedback”). You are not required to provide any Feedback to Stork Bites. To the extent you do provide any Feedback to Stork Bites, you agree to assign and hereby do assign to Stork Bites all right, title and interest in and to such Feedback and agree that Stork Bites may freely utilize such Feedback without compensation to you.

16. AVAILABILITY OF SERVICES.

Stork Bites may make changes to or discontinue any of the media, contests, products, or services available within the Services at any time, and without notice. The media, products, or services on the Services may be out of date, and Stork Bites makes no commitment to update these materials on the Services.

17. NOTICE.

Except as explicitly stated otherwise, legal notices shall be served on Stork Bites’ national registered agent or to the email address you provide to Stork Bites during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.

18. VIOLATIONS; TERMINATION.

You agree that Stork Bites, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Services or your use of the Services, at any time. Stork Bites may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Stork Bites shall not be liable to you or any third-party for any such termination. Stork Bites does not permit copyright infringing activities on the Services, and reserves the right to terminate access to the Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Stork Bites may have at law or in equity. You agree that Stork Bites shall not be liable to you or any third-party for any such termination. Sections 6 (with respect to payment obligations accruing prior to such termination or expiration), 8, 11, 12, 13, 15, 17 and 19 through and including 25 will survive any termination of this Agreement.

19. DISCLAIMERS; NO WARRANTIES.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR Baby. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR INTERACTIONS WITH ANY MEDICATIONS. THE SERVICES AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Stork Bites, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

STORK BITES, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

STORK BITES, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Stork Bites NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION; HOLD HARMLESS.

You agree to indemnify and hold Stork Bites, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Stork Bites reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

21. LIMITATION OF LIABILITY AND DAMAGES.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Stork Bites OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE Stork Bites MATERIALS ON THE SERVICES, THE SERVICES THEMSELVES, OR ANY OTHER INTERACTIONS WITH Stork Bites, EVEN IF Stork Bites OR A Stork Bites AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, STORK BITES’ LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL STORK BITES’ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE FEES ACTUALLY PAID BY YOU TO STORK BITES IN THE MONTH IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE APPLICABLE CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN STORK BITES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SERVICES.

22. ARBITRATION.

A. AGREEMENT TO ARBITRATE. This Section 24 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Stork Bites arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

B. CLASS ACTION WAIVER. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

C. PROCEDURES. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 23. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Stork Bites.

D. VENUE. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Stork Bites may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.

E. GOVERNING LAW. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.

F. COSTS OF ARBITRATION. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

G. CONFIDENTIALITY. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

H. SEVERABILITY. If a court decides that any term or provision of this Arbitration Agreement other than Section 24.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 24.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.

23. NO RESALE.

You are not permitted to resell or otherwise use for commercial purposes Stork Bites food or other products.

24. MISCELLANEOUS.

A. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

A. JURISDICTION. You agree that any action at law or in equity arising out of or relating to this Agreement or the Services that is not subject to arbitration under Section 24 shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

B. WAIVER. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

C. SEVERABILITY. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

D. ASSIGNMENT. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Stork Bites without restriction.

B. HEADINGS. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.

E. ENTIRE AGREEMENT. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Stork Bites as set forth in Section 3 above.

F. CLAIMS. YOU AND STORK BITES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

G. DISCLOSURES. The Site is operated by Stork Bites, Inc., located at 1278 Glenneryre Street, Suite 31, Laguna Beach, CA 92651, email: hello@stork-bites.com. If you are a California resident, you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.