Welcome to Grubity!

These Terms of Use govern your use of Grubity and provide information about the Grubity Service, outlined below. When you create a Grubity account or use Grubity, you agree to these terms.

The Grubity Service is one of the Freakick Products, provided to you by Freakick, Inc. These Terms of Use therefore constitute an agreement between you and Freakick, Inc.

Grubity is an online culinary platform that connects both cooking experts and aficionados with a wide variety of food enthusiasts around their love for food. The company’s social network ranks creations according to user feedback and popularity with recommendations based on browsing history, user ratings, locations, and interests.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

READ THESE CENTRAL TERMS OF SERVICE CAREFULLY. THEY ARE A LEGAL CONTRACT GOVERNING YOUR USE OF THE SITE PROVIDED BY FREAKICK COMPANY AND ITS SUBSIDIARIES AND AFFILIATES (collectively, “Freakick,” “we,” or “us,” or “our”).

The Grubity Service

We agree to provide you with the Grubity Service. The Service includes all of the Grubity products, features, applications, services, technologies, and software that we provide to advance Grubity's mission: Through the sharing of culinary inspirations, and lifestyle motivations, Grubity connects people around the table through shared experiences.

The Service is made up of the following aspects (the Service):

• Fostering a positive, inclusive, and safe environment. We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and violations of our Terms and policies, as well as harmful and deceptive behavior. We use all the information we have - including your information- to try to keep our platform secure. We also may share information about misuse or harmful content with other Freakick Companies or law enforcement.

• Developing and using technologies that help us consistently serve our growing community. Organizing and analyzing information for our growing community is central to our Service. A big part of our Service is creating and using cutting-edge technologies that help us personalize, protect, and improve our Service on an incredibly large scale for a broad global community. Technologies like artificial intelligence and machine learning give us the power to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service.

• Providing consistent and seamless experiences across other Freakick Company Products. Grubity is part of the Freakick Companies, which share technology, systems, insights, and information-including the information we have about you in order to provide services that are better, safer, and more secure. We also provide ways to interact across the Freakick Company Products that you use, and designed systems to achieve a seamless and consistent experience across the Freakick Company Products.

• Connecting you with brands, products, and services in ways you care about. We use data from Grubity and other Freakick Company Products, as well as from third-party partners, to show you ads, offers, and other sponsored content that we believe will be meaningful to you. And we try to make that content as relevant as all your other experiences on Grubity.

• Research and innovation. We use the information we have to study our Service and collaborate with others on research to make our Service better and contribute to the well-being of our community.

These Central Terms of Service (“Terms”) govern your access to and use of the website, mobile application or other online service where these Terms are posted (collectively, the Site). By clicking an Accept, Register or similar button or icon, connecting to the Site through a third party such as Facebook or by accessing, browsing, or using the Site in any manner, you agree to be bound to these Terms and our Privacy Policy, whether or not you registered with the Site. All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Site in any manner, and each of your heirs, assigns, and successors. The Site reserves the right to deny access to any person who violates these Terms.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use Grubity. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the Grubity community.

• You must be at least 13 years old.

• You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.

• We must not have previously disabled your account for violation of law or any of our policies.

• You must not be a convicted sex offender.

How You Can't Use Grubity. Providing a safe and open Service for a broad community requires that we all do our part.

• You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on Grubity, but you must provide us with accurate and up to date information (including registration information). Also, you may not impersonate someone you aren't, and you can't create an account for someone else unless you have their express permission.

• You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.

• You can't do anything to interfere with or impair the intended operation of the Service.

• You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.

• You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.

• You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.

• You can't use a domain name or URL in your username without our prior written consent.

WARNING: A VIOLATION OF THESE POSTING RULES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.

You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Site by sending an email to terms@grubity.com, and you shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.

You acknowledge that we have no obligation to monitor any users’ access to or use of the Site, or to review or edit any Content, but we have the right to do so in our sole discretion: (i) for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) to ensure your compliance with these Terms; (iii) to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body; or (iv) to address content that we determine is otherwise objectionable or violates these Terms. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms, otherwise harmful to the Site, or for any other reason that we deem appropriate. In order to protect the integrity of the Site, we also reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing and using the Site.

You acknowledge, consent, and agree that we may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary: (i) to respond to claims asserted against us or to comply with legal process (for example, subpoenas, warrants, or other process ); (ii) to enforce or administer our agreements with users, including without limitation these Terms; (iii) to render services you request; (iv) to protect the rights or property of the Site, Freakick, and their respective third-party suppliers and licensors; (v) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; (vi) to protect the rights, property or safety of the Site, its users, or members of the public; or (vii) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of us, you or others.

Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.

• We do not claim ownership of your content, but you grant us a license to use it.

• Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.

• Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.

• You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Freakick Products, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Grubity. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.

• You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

• If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).

• If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

• You can only use our intellectual property and trademarks, or similar marks as expressly permitted with our prior written permission.

• You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

• We can remove any content or information you share on the Service if we believe that it violates these Terms of Use, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us at help@grubity.com.

• Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

Our Agreement and What Happens if We Disagree

Our Agreement.

• If any aspect of this agreement is unenforceable, the rest will remain in effect.

• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

• We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement.

• This agreement does not give rights to any third parties.

• You cannot transfer your rights or obligations under this agreement without our consent.

• Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

Who Has Rights Under this Agreement.

• Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

• We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

• Your dealings or communications through the Site with any party other than Freakick are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Site be liable for any goods, services, resources or content available through such third-party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party.

• Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.

• You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

How We Will Handle Disputes.

• Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or Grubity ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Grubity users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.

• Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.

• The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Platform Policy, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

This arbitration provision is governed by the Federal Arbitration Act.

You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Grubity account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Freakick, Inc. ATTN: Grubity Arbitration Opt-out, 15 Court Square #350, Boston, MA 02108.

• Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Grubity account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Freakick, Inc., ATTN: Grubity Arbitration Filing, 15 Court Square #350, Boston, MA 02108.

• Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Grubity account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

• We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $5,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

• For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in The United States District Court for the District of Massachusetts. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.

• The laws of the Commonwealth of Massachusetts, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Unsolicited Material.

• We are happy to hear from our users and welcome feedback regarding our Site. The Site is not responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the Site. If you do transmit unsolicited submissions to us through the Site or otherwise, you grant Freakick a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Freakick sees fit.

• By using the Site and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Site, Freakick and its parents, officers or directors relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.

Linked Sites.

• If we provide links to other websites, you should not infer or assume that we operate, control, or are otherwise connected with these other websites. Please be careful to read the applicable terms and conditions and privacy policy of any other website before you provide any personal information or engage in any transactions. We are not responsible for the content or practices of any website not part of the Site, even if the website is operated by a company affiliated or otherwise connected with us. By using the Site, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted, served, or residing on the domain from any websites other than the Site and then only to the extent provided for herein.

• During your visit to the Site, you may link to, or view as part of a frame, certain content that is actually created, hosted and/or licensed by a third party. Because the Site has no control over third-party sites and resources, you acknowledge and agree that the Site is not responsible for the availability of external websites or resources, nor for the content, actions, or policies of those sites. Information you provide on such websites, including personal information and transactional information, is subject to the applicable terms and conditions and privacy policy of those websites.

Errors in Advertisements.

• On occasion, a product or service may not be available at the time or the price as it appears in an advertisement or other material in the Site. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology error, error in the date or length of publication, error in pricing or product information received from our advertisers or suppliers, or for any other reason, you agree the Site is not responsible for such errors or discrepancies.

Notice of Intellectual Property Infringement.

• In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of the Site, in appropriate circumstances, to terminate the registration account of a member who is deemed to infringe third-party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  • 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • 2. a description of your copyrighted work or other intellectual property that you claim has been infringed;

  • 3. a description of where the material you claim is infringing is located on the Site (providing us with website URL is the quickest way to help us locate content quickly);

  • 4. your address, telephone number, and e-mail address;

  • 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

By signing up for our service, you agree to allow us to send email to you with links to your weekly plans and from time to time with membership information or to let you know about new features.

Nutritional information.

• We may provide information using third party software and is to be used as approximate values only. This information should NOT be used in making medical decisions. Nutritional values provided will vary from final results depending on actual measurements, products and the brand used to prepare the recipe. Unless otherwise noted on the recipe, the serving size used in the calculation is for five people. Subscribers should consult with a nutritionist or doctor as to your individual dietary needs and /or restrictions as well as the appropriateness of any of our recipes. While we try to provide accurate data, Grubity provides no warranty of the accuracy of nutritional data.

• Freakick will not be held liable for any adverse reactions due to the preparation and/or consumption of the recipes, whether related to allergies, medical conditions, or other causes.

• Freakick is not affiliated with the grocery stores for which we provide menu plans. Our weekly menus are based on what is on sale at these stores, per the store’s advertised, publicly available sales. The grocery stores are responsible for the availability of the items on sale. Advertised sales items may vary from store to store and may be out of stock. Sales information is provided as an information only and subscribers are free to purchase any brand they like and in many cases, non-sale items may be less expensive than sales items.

• EXCEPT AS EXRPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, FREAKICK MAKES NO OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES, WITH RESPECT TO RECIPES, AND NUTRITIONAL INFORMATION PROVIDED HERUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, ARE HEREBY DISCLAIMED BY FREAKICK IN NO EVENT SHALL FREAKICK INC. BE LIABLE FOR INDIRECT, INCIDENTAL, LIQUIDATED, OR CONSEQUENTIAL DAMAGES.

Updating These Terms.

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account, here.

By subscribing to this service, you agree to the above Terms and Conditions of the service.

Revised: March 31, 2020