Terms + Conditions

Introduction
The terms and conditions stated in this Terms of Service (the “Agreement”) govern your participation as the purchaser of Food Services (“Food Services”) on the marketplace (“Marketplace”) developed and maintained by Food Fire + Knives, LLC. (“Food Fire + Knives”), as made available through the Food Fire + Knives web site (www.FoodFireKnives.com) or any mobile or other application, any and all of which shall be referred to herein as the “Food Fire + Knives App”). Food Fire + Knives is willing to provide you with access to the Marketplace and the Food Fire + Knives App only on the condition that you accept and agree to all of the terms and conditions stated in this Agreement as well as the Food Fire + Knives Privacy Policy, each of which are incorporated into this Agreement by this reference. This Agreement will take effect at the time you use the Food Fire + Knives App, whichever is earliest.
All references herein to Food Fire + Knives or “we” mean Food Fire + Knives Marketplace, LLC., including its successors and assigns, which operates the Food Fire + Knives Marketplace and Food Fire + Knives App. All references herein to “User” or “you” refer to any person participating in the Marketplace as a user of the App who is not participating as a chef (“Chef”). The right to participate in the Marketplace is personal to you and is not transferable to any other person or entity without the express written permission of Food Fire + Knives.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

The Food Fire + Knives Marketplace
The Food Fire + Knives Marketplace enables Chefs to provide Food Services for sale to Users through the Marketplace and to arrange for the in home preparation of meals to Users through Chefs provided by Food Fire + Knives. The Food Fire + Knives Marketplace and Food Fire + Knives App include certain features and functionalities to facilitate Chefs’ sales of Food Services on the Food Fire + Knives Marketplace, which features may include, without limitation, Food Service listings, search functions, Chef biographies, User reviews, order-taking functions, payment processing mechanisms, delivery system interfaces, and other features, at the sole discretion of Food Fire + Knives.
As between Food Fire + Knives and you, Food Fire + Knives role is solely (a) to facilitate the availability of the Marketplace for Chefs and Users, and (b) to collect payment from Users.
Food Fire + Knives CANNOT AND DOES NOT CONTROL THE PREPARATION OF ANY FOOD SERVICES, THE INGREDIENTS USED, THE CONDITION, LEGALITY, OR SUITABILITY OF ANY FOOD SERVICES OR THE KITCHENS IN WHICH THEY ARE PREPARED. FOOD SERVICES MAY BE PREPARED IN KITCHENS THAT ARE NOT SUBJECT TO REGULATION OR INSPECTION BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AUTHORITIES. Food Fire + Knives IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO ANY FOOD SERVICES OFFERED FOR SALE THROUGH THE MARKETPLACE. ACCORDINGLY, ANY PURCHASE AND CONSUMPTION OF FOOD SERVICES BY YOU ARE MADE AT YOUR OWN RISK.

User Account Setup
To become a User of the Marketplace, you must be at least age 18 (or the age of majority in your jurisdiction) and set up a Food Fire + Knives account (“Account”) by submitting an application (“Application”) either through a sign-in service such as Facebook, or by submitting your contact information, email address, and password directly to the Food Fire + Knives App.
A valid Application must include your legal name, delivery address, billing address, e-mail address, and any other information requested by Food Fire + Knives. You have an ongoing responsibility to update any information provided to Food Fire + Knives in your Application to ensure that Food Fire + Knives files for your Account remain current. Food Fire + Knives reserves the right to refuse acceptance of your Application at its sole discretion, with or without cause. Access to your Account allows you to view your past purchases, modify your preferences, and ensure permissible use of the Food Fire + Knives App.
If you provide any false, inaccurate, untrue, or incomplete information in your Application, we may immediately terminate your access to and use of the Service. You are solely responsible for all activities that occur under your Account. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Account. If you become aware of any unauthorized use of your Account, you must notify Food Fire + Knives immediately by writing to Contact@FoodFireKnives.com. Food Fire + Knives will not be liable for any loss or damage arising from the unauthorized access to or use of your Account. Upon termination of this Agreement for any reason, Food Fire + Knives will disable and/or delete your Account.

Food Service Purchases; Cancellations; Delivery; Refunds
1. Food Service Purchases. You agree to pay the stated price for each Food Service that you order through the Food Fire + Knives App, plus any applicable taxes and fees.
2. Cancellations. All sales will follow the cancellation policy listed on the Food Fire + Knives web site. If something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason. If we cancel your order, we’ll refund any payment made. If you would like to request a cancellation of an order, please e-mail us at Contact@FoodFireKnives.com or call us at 843-405-3050
3. Arrival. We cannot guarantee every Chef will arrive at the specified time stated. In the case of events outside our control, such as inclement weather or traffic, we will attempt to arrive as soon as reasonably possible. If arrival is not feasible, we will cancel your order and issue you a credit or refund the charges paid for that order. If a Chef is late, you agree that you will still accept the order and release us from any loss or damages that you encounter as a result of early or late arrival.
4. Refunds. If your order is cancelled in conformity to the cancellation policy listed on the Food Fire + Knives web site (FoodFireKnives.com), any collected payment will be reimbursed to you. Otherwise, collected payments are final and non-refundable, unless otherwise determined by Food Fire + Knives.

Food Allergies; Food Fire + Knives Disclaimers
YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU OR THOSE YOU ARE ORDERING FOR MAY HAVE AND FOR VERIFYING THE CONTENT OF THE FOOD SERVICE AND THEIR INGREDIENTS AND THE WAY IN WHICH THE FOOD SERVICES ARE PREPARED BEFORE HANDLING, USING OR CONSUMING SUCH FOOD SERVICE. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A CHEF MAY STORE AND USE INGREDIENTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.
Food Fire + Knives IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLNESS OR OTHER RESULTS OR DAMAGE CAUSED BY THE CONSUMPTION OF ANY FOOD SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY, OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY CHEF-PROVIDED FOOD SERVICE ORDERED THROUGH THE Food Fire + Knives APP. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

Release Of Liability And Hold Harmless
To the extent permitted under applicable laws, you expressly absolve and release Food Fire + Knives and its affiliates, officers, directors, employees, agents, and other representatives from any liability or claim of harm related to or resulting from (a) any incorrect or inaccurate information about any Food Service posted on the Food Fire + Knives App, whether caused by our error or by any of the equipment or programming associated with or utilized in the Food Fire + Knives App; (b) any injury, loss, or damages caused by a Chef, any other User, any Food Service, or Food Service information posted on or in connection with the Food Fire + Knives App, whether online or offline; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Food Fire + Knives App, (d) severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, or (e) governmental or regulatory restrictions or actions.

Changes To This Agreement
Food Fire + Knives reserves the right to make any changes to this Agreement at any time with or without advance notice to you. When these changes are made, Food Fire + Knives will post at its website the revisions to the appropriate section of the Food Fire + Knives App for your review. A revised Agreement is effective immediately when posted. It is your responsibility to review periodically to learn of any revisions to this Agreement. Your continued use of and participation in the Marketplace after the posting of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Agreement.

Additional Disclaimers
Food Fire + Knives DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE FOOD SERVICES PROVIDED BY THE CHEFS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
THE Food Fire + Knives MARKETPLACE AND Food Fire + Knives APP ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Food Fire + Knives MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE Food Fire + Knives MARKETPLACE AND Food Fire + Knives APP AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE Food Fire + Knives MARKETPLACE AND Food Fire + Knives APP MADE AVAILABLE BY Food Fire + Knives. NEITHER Food Fire + Knives NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE Food Fire + Knives MARKETPLACE AND Food Fire + Knives APP FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. NEITHER Food Fire + Knives NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE Food Fire + Knives MARKETPLACE AND Food Fire + Knives APP WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION. Some jurisdictions do not allow the disclaimer of certain warranties. Accordingly, only the disclaimers which are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.

Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Food Fire + Knives NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE Food Fire + Knives APP OR THE MARKETPLACE; (II) ANY CHANGES WHICH Food Fire + Knives MAY MAKE TO THE Food Fire + Knives APP OR THE MARKETPLACE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE Food Fire + Knives APP OR THE MARKETPLACE (OR ANY FEATURES WITHIN THEM); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE Food Fire + Knives APP OR MARKETPLACE; (III) YOUR FAILURE TO PROVIDE Food Fire + Knives WITH ACCURATE ACCOUNT INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON Food Fire + Knives LIABILITY TO YOU IN THIS SUBSECTION SHALL APPLY WHETHER OR NOT Food Fire + Knives HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Notwithstanding the foregoing, total liability of Food Fire + Knives for any reason whatsoever related to use of the Food Fire + Knives Marketplace or App shall not exceed the total amount paid for Food Services in connection with the subject matter of the particular dispute.

Term And Termination
This Agreement shall remain in effect for as long as you participate in the Marketplace or use the Food Fire + Knives App. Food Fire + Knives may temporarily or permanently stop providing the Food Fire + Knives Marketplace or Food Fire + Knives App to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) Food Fire + Knives is required to do so by law, (c) Food Fire + Knives believes, in its sole discretion, that you have committed fraud with respect to your access to and use of the Food Fire + Knives Marketplace or Food Fire + Knives App, (d) the provision of the Marketplace to you or others by Food Fire + Knives is, in Food Fire + Knives sole opinion, no longer commercially viable, or (e) Food Fire + Knives is no longer providing the Marketplace to customers in the jurisdiction in which you reside or from which you use the Food Fire + Knives Marketplace or Food Fire + Knives App. Termination is effective without notice. Food Fire + Knives may disable access to your Account or otherwise prevent you from accessing the Food Fire + Knives Marketplace or Food Fire + Knives App. All provisions of this Agreement which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Governing Law
This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of South Carolina and North Carolina, without regard to principles of conflicts or choice of law.

Dispute Resolution
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your participation in the Marketplace or any matter concerning Food Fire + Knives (collectively “Disputes”) shall be governed exclusively by the laws of the Commonwealth of South Carolina and North Carolina, excluding its conflict of law provisions.
If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us with Disputes by writing to us at Contact@FoodFireKnives.com. Food Fire + Knives will contact you by letter or email to your address that we have on file for you.
If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolution Procedures in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of South Carolina and North Carolina: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
You shall have thirty (30) days from the date you set-up your Food Fire + Knives account to opt-out of this arbitration agreement. To opt out of arbitration you must contact us at Contact@FoodFireKnives.com. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

Miscellaneous
This Agreement, including the Food Fire + Knives Privacy Policy which is incorporated herein, constitute the entire agreement of the parties with respect to your use of the Food Fire + Knives Marketplace and Food Fire + Knives App. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by Food Fire + Knives, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.

Introduction
Food Fire + Knives Marketplace, Inc. (“Food Fire + Knives”, “we”, and “us”) has developed this Privacy Policy (the “Privacy Policy“) to provide its users (“you”) with more information about its information practices. Food Fire + Knives collects information about you when you use our website and mobile application and through other interactions and communications you have with us. By using our website or mobile application (our “Service”), you are accepting the practices described in this Privacy Policy. If you have any questions, please refer to the contact information at the end of this Privacy Policy for information on how to contact us. This Privacy Policy applies to information we collect:
• On the Website (FoodFireKnives.com);
• Through email, Slack, text, or other communication between you and Food Fire + Knives; and
Through our Mobile App.

Collection of Information
Personal Information
We may collect personal information about you when you voluntarily provide us with such information. The personal information that we collect may include your name, email address, phone number, address, transaction information, and payment card information. We collect this information when you register as a user with Food Fire + Knives, use our products and services, communicate with us, rate your chef, respond to surveys, create or update your account information or provide us feedback or communicate with us in any way.
Non-Personal Information
Food Fire + Knives may collect non-personal information. This information could include your IP address, device ID and type, your browser type and language, the operating system used by your device, access time, and the referring website address. Additionally, we may use cookies or similar technologies to facilitate access to our Service and to personalize your experience.
Location Information
We may also collect geolocation data pertaining to your mobile device and associate it with the personal information that you provide. We may collect this information in the background even if you are not actively using Food Fire + Knives. We may use this information to provide our services to you and to provide more relevant content to you. If you do not want to provide your location to us, please use the settings available on your mobile device to limit this sharing. If you choose to limit our ability to collect information about your precise location, certain of Food Fire + Knives features may not work.
Third-Party Services
We may use analytics services provided by third parties. These service providers may use various technologies to collect information about your activities on Food Fire + Knives, and across other sites over time, to increase Food Fire + Knives functionality.
Use of Information
We may use both personal and non-personal information that we collect from you for various purposes including to:
• Deliver and improve our Service;
• Authenticate users;
• Manage your account and provide you with customer support;
• Communicate with you by email about products or services that may be of interest to you;
• Perform analytics on our Service;
• Engage in our own marketing activities;
• Prevent fraud and protect the integrity of our systems;
• Enforce or exercise any rights in our Terms of Service;
Perform functions or services as otherwise described to you at the time of collection.

Sharing Information
We may share the information we collect about you as described in this Privacy Policy or as described at the time of collection.
We may share your information:
• With chefs, and other service providers such as payment processors who need such information to carry out work on our behalf and to enable them to provide the Services you request;
• In response to a subpoena, court order, or a request for cooperation from a law enforcement or other government agency, or otherwise required by law;
• To establish or exercise our legal rights or defend against legal claims;
• In connection with the sale of the business or its assets however structured, or in the event of a bankruptcy; and
• With your notice and consent.
We may also share aggregate information, including information about our users’ general location, and other aggregate information with third parties. We may share de-identified information with third parties in our discretion. Food Fire + Knives may include social media plug-ins that link to and share information with third-party social media websites. If you use these tools to share information about your use of our Service or otherwise interact with any social media features on our Website, those social media companies may collect information about you and may use and disclose that information in accordance with their own privacy policies and your account settings. We encourage you to carefully review the privacy policy of any social media company before using any social media plug-ins to understand the practices that will apply to any information that you provide to these companies.

Your Choices
Our Service may also deliver notifications to your phone or mobile device. You can disable these notifications by going into Account > Settings in the Mobile App and can also be disabled by changing the settings on your mobile device. Updating Personal Information If you would like to access or update the personal information that we maintain about you or you would like to deactivate your account, please email us at Contact@FoodFireKnives.com If you request that we deactivate your account, we may retain certain personal information about you for record keeping purposes. We also are unable to retrieve or delete any information that has already been provided to a third party.

Third Party Websites
Our Service may contain links to third-party websites or mobile applications. Please note that this Privacy Policy does not apply to any such third-party websites or applications. We do not control how the owners of these websites and applications collect, use, or disclosure your information. If you click on any of these links, we encourage you to read the privacy policy of the website or application that you visit before you provide any information to the owner of that website or application.

How We Protect Your Information
We have implemented reasonable administrative, technical, and physical safeguards to protect the confidentiality, security, and integrity of the personal information that we collect through Food Fire + Knives.

Changes to Our Privacy Policy
We reserve the right to modify or revise this Privacy Policy at any time and in our sole discretion. If we revise this Privacy Policy, we will make the revised Privacy Policy available through our Service, and we will update the effective date identified above. We encourage you to visit this Privacy Policy regularly to stay informed about our practices with respect to your information and to learn of any changes to those practices.

Contact Us
If you have any questions about this Privacy Statement, please contact us at Contact@FoodFireKnives.com.

Vendor Agreement
Introduction
This vendor agreement (the “Agreement”) is entered into between Food Fire + Knives, LLC., a South Carolina Corporation (“Food Fire + Knives”), and the person or entity providing chef services and prepared food (“Vendor”) via Food Fire + Knives.
All references herein to Food Fire + Knives or “we” mean Food Fire + Knives Marketplace, Inc., including its successors and assigns, which operates the Food Fire + Knives App and the Marketplace. All references herein to “Chef,” “Vendor,” or “you” refer to any person participating in the Marketplace as a Vendor. The right to participate in the Marketplace is personal to you and is not transferable to any other person or entity without the express written permission of Food Fire + Knives.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

The Food Fire + Knives Marketplace
The Food Fire + Knives Marketplace (“Marketplace”) enables Vendors to provide their services and menus (“Menus”) for sale to Customers through the Marketplace and to arrange for the delivery of Menus to Customers through delivery mechanisms provided by Food Fire + Knives. The Marketplace includes certain features and functionalities to facilitate Vendor’s sales of Menus on the Food Fire + Knives Marketplace, which features may include, without limitation, Menu listings, search functions, Chef biographies, User reviews, order-taking functions, payment processing mechanisms, delivery system interfaces, and other features, at the discretion of the Marketplace.

Responsibilities of Vendor
1. General Safety and Compliance Obligations. Vendor is solely responsible for the preparation and offering of Menus through the Food Fire + Knives Marketplace, including but not limited to preparation of Menus, in a manner this is consistent with the Food Fire + Knives Chef Handbook, Food Fire + Knives Chef Code of Conduct, and otherwise compliant with all laws, rules, regulations, local ordinances, rental agreements, fire codes, zoning laws, tax laws (including, but not limited to, collection, remittance and reporting obligations with respect to sales, use, meal and similar taxes) and any other such requirements or restrictions applicable to Vendor’s conduct in the Marketplace. Vendors must comply with permit, licensing, registration, or similar requirements applicable to Chefs under federal, state, or local laws, regulations, or ordinances. You should consult with your legal counsel to the extent you have any questions about the legal or other compliance requirements set forth in this Agreement.
2. Order Confirmation and Acceptance. Once you accept an order, you commit to making the Menu available to Customers in the quantities and during the dates and times specified (barring extreme circumstances that would prohibit the safe preparation of Meals, such as Chef illness, power outages, or forces of nature outside of Vendor’s control) and you agree to abide by all the terms and policies defined in the Food Fire + Knives Chef Handbook. You are responsible for all costs involved in preparing each Menu, including but not limited to all food costs, storage costs, electricity, gas, water, and other expenses.
3. Acceptance of Reasonable Modification. You will be required to accept reasonable modification to the menus sold on the Food Fire + Knives Marketplace, which include but are not limited to, gluten free, dairy free, and nut free alternatives.
4. Authorization to Make Recordings and Use Imagery. You consent to allow Food Fire + Knives to document, photograph, illustrate, video record, image, or otherwise record and publish in any media or format your provision of a Menu and agree that (a) any such documentation, photograph, illustration, video recording, imagery, or other recording (collectively, “Recording”) will be owned exclusively by Food Fire + Knives, and (b) to the extent that your name, likeness, biography, and/or voice (collectively, “Imagery”) appears in any such Recording, you grant to Food Fire + Knives an unrestricted, perpetual, worldwide right to use your Imagery as contained in the Recording in all media now known and later developed for any purpose, including for the purpose of promoting the Food Fire + Knives App and Marketplace.
5. Pricing. You and Food Fire + Knives will agree in writing on your pricing for each menu. You will not have the option to change your pricing of any menu.
6. Payment. You will receive payment for each Menu sold through the Food Fire + Knives by ACH at Food Fire + Knives sole discretion. Payment will be made weekly and include all orders from the prior week as specified in the Food Fire + Knives Chef Handbook. Vendors should not charge Food Fire + Knives sales tax as Food Fire + Knives will collect and remit sales tax. Upon on-boarding, Vendor will receive any required sales tax exemption and/or resale certificate forms.
7. Non-Circumvention. You agree that you will not engage in any conduct that disparages or undermines (a) H Food Fire + Knives or the operation of the Food Fire + Knives Marketplace; (b) any other Chef participating in the Food Fire + Knives Marketplace; or (c) any User using the Food Fire + Knives Marketplace. You may not accept any fees, gratuities, or additional charges from Customers that do not go through Food Fire + Knives. You may not solicit Customers to participate in any event or activity, including but not limited to sales transactions, outside of the Marketplace.
9. Special Relationship. For the duration of the agreement, and in exchange for being able to provide menus on the Food Fire + Knives Marketplace, you agree that you will not, without the prior written consent of Food Fire + Knives (which may be withheld in its sole discretion), enter into any agreement to perform (or otherwise perform) services for any third party entity, other than Food Fire + Knives, where Vendor is marketed as an individual chef similar to the marketing used by Food Fire + Knives to promote Vendor on the Food Fire + Knives Marketplace and any promotional materials. This section does not prevent Vendors from working for or creating a registered entity and selling menus under the brand of that registered entity, providing personal chef services, or providing direct catering services on their own behalf.

Indemnification of Food Fire + Knives
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Food Fire + Knives and its officers, directors, employees, agents and other representatives free and harmless from and against any claims, actions, expenses and demands (collectively, “Claims”), including, without limitation, any legal and accounting fees resulting from your use of the Food Fire + Knives Marketplace, your participation in the Marketplace, and/or your breach of your obligations as stated in this Agreement (including, without limitation, the Chef Code of Conduct) and/or resulting from any and all Meals you provide to Customers by means of the Marketplace. Food Fire + Knives shall provide notice to you of any such claim, suit or proceeding upon becoming aware of it. You agree not to settle any matter without the prior written consent of Food Fire + Knives. Notwithstanding the foregoing, Food Fire + Knives reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Food Fire + Knives in asserting any available defenses. The provisions of this indemnification section shall survive termination of your Account or this Agreement.
You further agree to indemnify, defend, and hold harmless Food Fire + Knives and its affiliates, officers, directors, employees, agents, and other representatives from an against any Claim made by a User, including any losses, personal injuries, death, or any other occurrence or event of whatsoever. Notwithstanding the foregoing, you will have no indemnification obligation under this paragraph with respect to any claims based upon or arising in whole or in part from the gross negligence or willful misconduct of Food Fire + Knives.

Term and Termination
This Agreement shall remain in effect for as long as you continue to accept orders sent to you by Food Fire + Knives. Food Fire + Knives may temporarily or permanently stop providing orders to you, or terminate this Agreement, at any time if (a) you have breached any provision of this Agreement, (b) Food Fire + Knives is required to do so by law, (c) Food Fire + Knives believes, in its sole discretion, that you have committed fraud with respect to the information you provide to Food Fire + Knives, (d) in Food Fire + Knives sole opinion, it is no longer commercially viable to continue sending orders to you, or (e) Food Fire + Knives is no longer providing its services to customers in the jurisdiction in which you reside or from which you provide services to Food Fire + Knives. Termination is effective without notice. All provisions of this Agreement, which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Independent Contractors
You understand and agree that you are at all times an independent contractor of Food Fire + Knives and are not an employee of Food Fire + Knives.

Governing Law; Dispute Resolution
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your participation in the Marketplace or any matter concerning Food Fire + Knives (collectively “Disputes”) shall be governed exclusively by the laws of the Commonwealth of South Carolina and North Carolina, excluding its conflict of law provisions.
If a Dispute arises under this Agreement, we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to contact us about Disputes by writing to us at Contact@FoodFireKnives.com. Food Fire + Knives will contact you by letter or email to your address that we have on file for you.
If any Dispute cannot be resolved informally, we each agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolution Procedures in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of North Carolina and South Carolina: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
You shall have thirty (30) days from the date you submit your contact information through an application form to Food Fire + Knives to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at Contact@FoodFireKnives.com. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

Miscellaneous
This Agreement, including the vendor handbook incorporated herein, constitute the entire agreement of the parties with respect to your ability to sell menus on the Food Fire + Knives Marketplace. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headlines are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. You agree that this Agreement and all agreements and notices incorporated herein may be automatically assigned by Food Fire + Knives, in our sole discretion, to a third party. You may not assign your obligations to any other person or entity.

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