Table of Contents
- Site Usage & Usage Termination
- User Content and Conduct
- Copyright Infringement Policy
- Consent to Communications
- Liability Disclaimer
- Copyright, Trademarks and other Intellectual Property
- Severability; Interpretation
- Applicable Law; Jurisdiction; Dispute Resolution & Class Waiver
- Contact Us
By using the Site, ordering any products, using any services offered through this Site or disclosing to us any personal information: (i) you agree that you have read and understand the terms of this Agreement, (ii) you accept and agree to be bound by the terms of this Agreement, and (iii) you accept and agree to abide by all laws and regulations applicable to the subject matter of this Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE SITE, ORDER ANY PRODUCTS, OR DISCLOSE TO US ANY PERSONAL INFORMATION.
2. Usage & Termination
By using our Site or ordering any of our products, you represent and agree that you are at least 18 years of age or older and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement. If you are under the age of 18, you are not permitted to use this Site.
In order to access some features of the Site, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity. You also agree to promptly update such information to maintain accurate, true, complete and current information. If you provide any inaccurate, false, incomplete or outdated information or we in our sole discretion suspect that such information is inaccurate, false, incomplete or outdated, we reserve the right to suspend or terminate your account and prohibit any and all current or future use of the Site or any portion thereof by you. During the registration process you will create a username and password. You are responsible for the confidentiality of your account and password and are fully responsible for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password or any other security breach and to ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account on the Site including charges resulting from unauthorized use of your account. We are not liable for any loss or damage resulting from your failure to comply with this section.
You agree to use the Site for lawful purposes and that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through the Site any unlawful, infringing, defamatory, obscene, indecent, threatening, offensive or otherwise objectionable material of any kind including any material that encourages illegal conduct or conduct that would encourage civil liability, infringe on other’s intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use the Site in a manner that would interfere with normal operation or infringe on any others use of the Site.
You agree not to access the Site by any means other than the interface we provide. Displaying or running the Site or any information or material displayed on the Site in frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
We make no representation that Materials contained on the Site or that products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of the Site outside the United States do so at their own initiative and risk and are responsible for complying with all applicable laws and regulations. You agree not to access the Site from any location or territory where its contents are illegal and that you and not us, are responsible for compliance with all applicable laws and regulations.
We reserve the right to terminate any account if your order is deemed fraudulent or credit card charges are disputed. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of any part of this Agreement, laws or regulations or is harmful to another user or us or our affiliates.
The following shall survive any termination of the Agreement either by us or you; Copyright Infringement Policy; Privacy, Liability Disclaimer, Indemnification, Copyrights, Trademarks and Intellectual Property, Severability; Interpretation, Applicable Law; Jurisdiction, Dispute Resolution & Class Waiver and Miscellaneous.
3. User Content and Conduct
All User Generated Content must comply with the following guidelines which are a binding part of this Agreement.
Momofuku does not endorse any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under this Agreement, at law or in equity, Momofuku reserves the right, in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Content.
If you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service issues, please contact us directly at email@example.com. Do not submit this feedback through a product review or Question and Answer. Any such reviews will be removed from the Site.
For product reviews and answers, you can report possible violations of these guidelines by clicking the “Report Abuse” link next to each content where the link has been made available. If no “Report Abuse” link is available, please email firstname.lastname@example.org with specifics on the abuse, a link to the page, screenshot, and the reason you believe it violates these guidelines.
By submitting User Content, you hereby grant Momofuku a perpetual, unlimited, non-exclusive, fully sub-licensable, irrevocable, worldwide right and license touse, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. Please do not share anything you do not want to share with the general public. You represent and warrant that the user content you posted does not violate the privacy or publicity rights, copyrights, contract rights or any other rights including moral rights of any person. We will not be liable for any User Content, including, any errors or omissions, or any loss or damage incurred as the result of the use of any User Content in any manner. We are not responsible for any user’s use or misappropriation of any User Content you submit.
You understand that we may preserve User Content and may disclose User Content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce this Agreement, respond to claims that any User Content violates the rights of third-parties, or protect the rights, property or personal safety of us, our users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may require transmitting over different networks and changes to conform to technical requirements of connecting devices or networks.
4. Copyright Infringement Policy
We endeavor to observe all applicable requirements of the Digital Millennium Copyright Act. If you believe that any content provided through the Site infringes a copyright, you may contact our designated agent by e-mail to email@example.com or at the following mailing address:
104 W 27th St, 9th floor
New York, NY 10001
You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing with respect to the Site;
- contact information (i.e., your e-mail address, mailing address, and telephone number) sufficient to enable Momofuku or its legal representative to contact you;
- a statement by you that you have a good faith belief that the use of the material on the Site is not authorized by the copyright owner, the copyright owner’s agent or law;
- an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
6. Consent to Communications
Where required by law, you consent to receive SMS messages (including text messages) from us, our agents, representatives, affiliates or anyone sending messages on our behalf to the specific number(s) you have provided to us with information or questions about your account and/or orders and/or marketing offers. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Momofuku and our agents, representatives, affiliates and anyone sending messages on our behalf may use such means of communication described in this section even if you will incur costs to receive such messages, text messages, e-mails or other means, which may occur.
Message and data rates may apply and message frequency may vary.
7. Liability Disclaimer
YOU AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT. MOMOFUKU AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF ANY OF THEM (COLLECTIVELY, “MOMOFUKU ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MOMOFUKU ENTITIES MAKE NO WARRANTY THAT THE SITE OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED, THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND ANY SITE ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. NO INFORMATION OBTAINED BY YOU FROM MOMOFUKU ENTITIES, THROUGH THE SITE SHALL CREATE ANY WARRANTY RELATING TO THE SITE OR SUCH PROGRAM NOT EXPRESSLY STATED IN THIS AGREEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MOMOFUKU ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOMOFUKU ENTITIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS ATTRIBUTABLE TO NORMAL WEAR, PRODUCT MISUSE OR MODIFICATION, ABUSE, INCORRECT PRODUCT SELECTION AND NOT FOLLOWING PRINTED DIRECTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOMOFUKU ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MOMOFUKU ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE ARRANGEMENT BETWEEN MOMOFUKU AND YOU. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) IF YOU ARE A CUSTOMER, THE MAXIMUM LIABILITY OF MOMOFUKU ENTITIES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM MOMOFUKU ON THE SITE.
WE MAKE NO GUARANTEE OR WARRANTY WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES FOR INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NEW JERSEY, THIS LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY DUE TO INTENTIONAL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, STRICT LIABILITY, NEGLIGENCE OR VIOLATION OF A STATUTORILY IMPOSED DUTY ON THE PART OF MOMOFUKU.
9. Copyright, Trademarks and other Intellectual Property
You acknowledge that all materials on the Site, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, “Materials”), are our property and are subject to and protected by United States and international copyright or other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, “Marks”) contained on the Site, including without limitation Momofuku®, Momofuku Daisho®, Momofuku Ko®, Momofuku Ssäm Bar®, Bāng Bar®, Fuku®, Kāwi®, Lucky Peach®, Majordomo®, Noodle Bar®, Peach Mart®, Ssäm Bar® are the sole property of Momofuku. In addition all page headers, custom graphics and custom icons are Marks of Momofuku. Momofuku grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Materials and Marks only in the manner permitted by Momofuku for your personal and non-commercial use only (the “License”). This License remains in effect until this Agreement is terminated by either you or us in accordance with this Agreement. Any unauthorized use of the Materials or Marks shall be grounds for termination of the License. All rights not expressly granted herein are reserved by Momofuku and its licensors. Other copyrights, trademarks, product names, company names, logos or intellectual property are the property of the respective owners with all rights reserved.
This Agreement constitutes the only Agreement between us and you with respect to the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
11. Severability; Interpretation
If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remainder of this Agreement will remain in force. When used in this Agreement, the term “including” will be deemed to be followed by the words “without limitation”.
12. Applicable Law; Jurisdiction; Dispute Resolution and Class Waiver:
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of New York, without giving effect to any choice of law or conflict of law.
To the fullest extent permitted by law, you and Momofuku agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement, including but not limited to claims based on contract, tort, negligence, statutory or regulatory provisions. EACH PARTY IS GIVING UP ITS RIGHT TO SUE IN COURT AND TO HAVE ANY CONTROVERSY, CLAIM OR DISPUTE HEARD BY A JUDGE OR JURY.
EXCEPT FOR CLAIMS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, YOU AND MOMOFUKU EXPRESSLY AGREE TO ARBITRATE ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO THRESHOLD ARBITRABILITY ISSUES, INCLUDING ISSUES RELATED TO WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU ALSO AGREE THAT ANY ARBITRATION MAY ONLY BE BROUGHT IN YOUR AND OUR INDIVIDUAL CAPACITIES, NOT AS A CLASS, PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
The mutual promise by you and Momofuku to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate.
Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
Unless you and Momofuku otherwise agree, if you are a U.S. resident, the arbitration will be conducted in New York, New York by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the American Arbitration Association (AAA) (available on line at www.adr.org). If the dispute involves a Canadian resident, the dispute shall be submitted to binding arbitration in Ontario, Canada with such arbitration conducted pursuant to the then prevailing rules of the Canadian Arbitration Association.
Payment of all filing, administration and arbitrator fees will be governed by the arbitration tribunal’s rules.
The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
To the fullest extent permitted by law, you will not be permitted to obtain awards for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased. Any and all claims, judgments, and awards shall be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and costs.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
The failure of Momofuku to enforce your strict performance of any term of this Agreement will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be permanently barred. The “Liability Disclaimer” provisions of this Agreement are for the benefit of all Momofuku entities as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
14. Contact Us: If you have any questions about this Agreement, contact firstname.lastname@example.org.
© Copyright 2020 MomoIP, LLC. All rights reserved. Momofuku®, Momofuku Ko®, Momofuku Ssäm Bar®, Bāng Bar®, Bar WāyoSM Fuku®, Kāwi®, Kojin®, Majōrdomo®, Noodle Bar®, Peach Mart®, Peachy Keen®, Seiobo®, Ssäm Bar® and related marks are registered trademarks of MomoIP, LLC. Logos are trademarks of MomoIP, LLC.