Please read this agreement (“Agreement”) carefully before using our CK Website at www.companykitchen.com, our CK Portal at https://clientapp.companykitchen.com or our CK Mobile App available at the Apple App Store or Google Play store. By accessing or using our CK Website, CK Portal or the CK Mobile App, you agree to be bound by this Agreement and all of its terms without change. This agreement is between Company Kitchen, you the user, and, if you are using the CK Website, CK Portal or CK Mobile App on behalf of a company or organization, such company or organization will also be considered a party to this Agreement.
Neither Company Kitchen nor its representatives are engaged in rendering legal services or other such advice. Your use of the website is subject to the additional disclaimers and notices that may appear throughout the website.
We are not providing investment advice through this website, and the material on this website should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of Company Kitchen or its affiliates.
Company Kitchen and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on the CK Website, CK Portal or CK Mobile App. While we strive to keep the information on the CK Website, CK Portal and CK Mobile App accurate, complete and up-to-date, Company Kitchen and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the website.
Services and Information
We provide the CK Website, CK Portal and CK Mobile App to track and analyze Company Kitchen purchasing data and to offer savings to individual users of the CK Portal. The CK Website provides information about Company Kitchen products and services and allows customers to access their Company Kitchen account to process requests and transactions relating to their CK Card. The CK Portal is a web based business application designed for use primarily by employee benefits administrators of Company Kitchen clients. Users have access to their workplace micro-market data such as purchases, trends, inventory and aggregate nutrition information. The system has an emphasis on health and wellness including a CK sponsored wellness blog with employer HR targeted content. The CK Mobile App is a tool to increase customer engagement that is available for iPhones and Android Phones. The app’s primary focus is to offer exclusive money-saving offers to users who have downloaded and signed in on the app. The CK Mobile App includes the following functionality:
o Add funds
o View transaction history
o Reset password
o Contact Company Kitchen
We grant you access to the CK Website, CK Portal and CK Mobile App during the term of this agreement solely to receive the services and information described above. You may access, download, and print materials as necessary to receive the services and information. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from the CK Website, CK Portal or the CK Mobile App. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the website without our prior written permission. You will comply with all privacy laws. Your use of the Mobile App is only for use by you on any iPhone, iPod touch, Android, iPad or other mobile device or that you own or control and as permitted by the usage rules set forth in the terms and conditions of the App Store, Google Play or other applicable mobile app store.
All materials on the CK Website, CK Portal and CK Mobile App (as well as the organization and layout of the CK Website, CK Portal and CK Mobile App) are owned and copyrighted, licensed by, or used with permission that is granted to Company Kitchen. No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of Company Kitchen.
If you use the CK Website, CK Portal or CK Mobile App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the CK Website, CK Portal and CK Mobile App is terminated, you will (i) stop using the CK Website, CK Portal and CK Mobile App and any information obtained from the CK Website, CK Portal and CK Mobile App, and (ii) destroy all copies of your account information, password and any information obtained from the CK Website, CK Portal and CK Mobile App.
The consumer is responsible for all taxes associated with the purchase of a product.
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is obtained from password protected portions of the CK Website, CK Portal and CK Mobile App or (ii) which is (A) marked “Confidential,” “Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
No Unlawful or Prohibited Use
As a condition of your use of the CK Website, CK Portal and CK Mobile App, you warrant to Company Kitchen that you will not use the CK Website, CK Portal and CK Mobile App for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use the CK Website, CK Portal and CK Mobile App automatically ends.
You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the CK Website, CK Portal and CK Mobile App or accessed through the CK Website, CK Portal and CK Mobile App. You may not republish Company Kitchen content or other content from the CK Website, CK Portal and CK Mobile App on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to the CK Website, CK Portal and CK Mobile App. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.
If you are under the age of 13, you may not use the CK Website, CK Portal or CK Mobile App.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CK WEBSITE, CK PORTAL AND CK MOBILE APP AND THE SERVICES OFFERED AT THE CK WEBSITE, CK PORTAL AND CK MOBILE APP IS AT YOUR SOLE RISK. THE CK WEBSITE, CK PORTAL AND CK MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Company Kitchen EXPRESSLY DISCLAIMS 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.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CK WEBSITE, CK PORTAL OR CK MOBILE APP IS DONE 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.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Company Kitchen SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CK WEBSITE, CK PORTAL, CK MOBILE APP OR SERVICES; (ii) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE CK WEBSITE, CK PORTAL AND CK MOBILE APP OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CK PORTAL AND CK MOBILE APP OR (v) ANY OTHER MATTER RELATING TO THE CK PORTAL AND CK MOBILE APP OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
Links to Third Party Sites
Links to Our Website
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of the CK Website, CK Portal and CK Mobile App, such information will be deemed to be non-confidential. We will have no obligation with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
Changes to the CK Website, CK Portal and CK Mobile App
We may make improvements or changes in the information, services, products, and other materials on the CK Website, CK Portal and CK Mobile App, or terminate the CK Website, CK Portal or CK Mobile App at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the CK Website, CK Portal and CK Mobile App will be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the CK Website, CK Portal and CK Mobile App or the services provided on the CK Website, CK Portal and CK Mobile App will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the Company Kitchen rules exceed $125, and you are unable to pay the additional fees and deposits, Company Kitchen retains the right to forward them to Company Kitchen on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company Kitchen retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
The CK Website, CK Portal and CK Mobile App are intended to and directed to residents of the United States and all advertising claims contained in the CK Website, CK Portal and CK Mobile App are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or the CK Website, CK Portal and CK Mobile App will be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by Company Kitchen to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CK Website, CK Portal and CK Mobile App or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
Company Kitchen and other logos, product and service names are trademarks and service marks owned by or licensed to Company Kitchen or its affiliates (the “Marks”). Without the prior written permission of Company Kitchen, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2017 Company Kitchen LLC. All rights reserved.