The following Terms of Use ("Terms") constitute an agreement between Scarlati Family Kitchen LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through paid products or free resources, as the "Company Content." These Terms apply to the website administered by Company ("Website"), located at https://scarlatifamilykitchen.com/, in addition to any other Company Content.
By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.
CHANGES TO THESE TERMS
Company reserves the right to modify, alter, amend, or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.
Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
ADDITIONAL POLICIES INCORPORATE INTO THESE TERMS
Any additional policies or terms adopted by Company are incorporated into these terms by reference. This includes:
- Privacy Policy, located at INSERT URL, which defines Company's practices related to consumer privacy and data usage.
- Disclaimer, located at INSERT URL, which reviews Company's liability for aspects of the Company Content
PERMITTED USERS
This Website is meant for users over 16 years or older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.
PURCHASE POLICIES
The Website may offer products ("Products") for purchase. The following policies ("Purchase Policies") will apply to all purchases you make on the Website.
BY PURCHASING PRODUCT(S) FROM THE WEBSITE, YOU AFFIRM THAT YOU: A) ARE OF LEGAL AGE TO MAKE THE PURCHASE; B) THAT YOU MEET ANY AND ALL ELIGIBILITY REQUIREMENTS OUTLINED IN THESE PURCHASE POLICIES; AND, C) YOU AGREE TO COMPANY'S PURCHASE POLICIES AND THE TERMS OF USE.
From time to time, Company may offer free downloadable content, which you may access by providing your email address. You understand that the license related to paid Products will also apply to this content. Please see the section below on Downloadable Product purchases for more information.
Order Acceptance and Cancellation
By placing an order to purchase Products on the Website, your order is considered an offer to buy, under the terms set forth in these Purchase Policies, the products and/or services listed in your order. Company may review your order and determine whether or not to accept it; however, Company is not obligated to accept any order.
Company reserves the right, but is not obligated to, limit the sale of Products to any person, geographic region, or jurisdiction. Company may exercise this right on a case-by-case basis. Company may exercise its right to reject your order, even if you have received confirmation of the purchase. In such circumstances, you will be refunded for any payments made at the time you submitted your order.
Company reserves the right to limit quantities of Products available for purchase, even if such Products are available digitally.
Purchaser Eligibility
The Products are available to individuals over the age of 18.
All Products are available to those who are seeking information for themselves. You are not eligible for purchase if you intend to create a commercial product based on your purchase or Company's methodologies.
If Company becomes aware that you have submitted an order to purchase the Products in violation of these eligibility requirements, Company will immediately reject your order. Company reserves all rights to defend its intellectual property.
Prices
All prices listed on the Website are subject to change without notice. The price you will be charged will be the price in effect at the time you submit your order. Any applicable sales tax or other charges will be added to your total before the purchase is completed.
Company strives to ensure that all information displayed on the Website related to the Products is accurate, including pricing, availability, and product descriptions. In the event that Company discovers an error in any Product information, including pricing, Company reserves the right to make corrections to any inaccuracies or incorrect information. Company reserves the right to cancel orders for Products that contain errors.
Payments
Unless otherwise stated, payments are due and will be collected at the time you place your order. Company will collect all payments through the Website, which are processed through Company's payment processor. All acceptable methods of payment will be listed at the time of purchase.
By purchasing any Product(s), you agree to pay the total amount due and authorize Company, through its payment processor, to charge your payment method under the payment method you choose for the amount listed. By entering the payment information, you represent a) that all payment information is true and accurate, b) that you are authorized to use the payment method, and, c) all charges you incur will be honored by your payment method.
Refunds
The refund policies on the Product(s) are listed below. You agree that you have received and carefully reviewed the refund policy prior to making any purchase on the Website.
If you live in a jurisdiction that has rules regarding refunds that conflict with these Purchase Policies, Company will honor the rules of the jurisdiction, if applicable to the type of purchase you have made.
You agree that you have reviewed the applicable refund policies and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy in Company's defense against the request.
Discounts
Occasionally, Company may offer discounts on its Products. Such discounts are offered in Company's sole discretion. Company reserves the right to limit discounts to particular time periods or particular Products. Discounts may be available for a limited time. After the expiration of a discount offer, Company will not honor the past discount.
Company will not offer refunds for failure to apply a discount at the time of purchase. Additionally, Company does not offer price adjustments for discounts offered after the time of purchase.
License to Use the Products
Company is the creator and owner of the Products, subject to any licensed materials which authorize Company to utilize certain content within the Products. Company reserves all rights in the Products. Unauthorized use of any of Company's intellectual property will be considered infringement and Company reserves all rights and remedies.
By purchasing the Products, Company is granting you, the purchaser, a revocable limited license for your personal use of the Product(s). Commercial use of the Products is strictly prohibited. You may not share, distribute, display, perform, resell, republish, or create derivative works based upon the Products.
This means that you, the purchaser, are permitted to use the Products that you purchase; however, you may not share the Products with any third party. Additionally, you may not reproduce or resell the information to third parties.
Downloadable Product Purchases
On the website, you can purchase downloadable products ("Downloadable Products"), such as ebooks. For purposes of these terms, free downloadable content is also included in this section.
Upon receipt of your payment, you will receive a link to download the product, along with an email that will also contain a link. You have lifetime usage of the downloaded Downloadable Product.
Because Downloadable Products are immediately available for you to access, Company does not offer refunds.
You understand that you are downloading files related to these Products at your risk. Company is not liable for any errors and omissions in these downloadable files. Company is not liable for any technological problems that you may encounter downloading the files.
Unless otherwise stated, all products are offered in English. Company is not responsible for offering translations of the Downloadable Products and Company cannot guarantee that translation tools will accurately translate the content of the Downloadable Products.
Group Class Purchases
On the website, you can purchase enrollment in virtual group cooking classes ("Group Classes"). When you enroll in a Group Class, you understand that it will be held live, via Zoom, on a specific date and time. Please be aware that your attendance will be required to participate. Recordings of the Group Class will not be sent.
Upon receipt of your payment, you will receive information on how to attend the Group Class, such as the Zoom link. You agree that you will not share the link with individuals who have not paid to enroll in the Group Class. If, during the Group Class, you include your name or have your video on, that information may be visible to other participants.
Company reserves the right to change the date and time of the Group Class and will provide you with notice, if this happens. Please ensure that your email is correct at the time of purchase so you will receive this information. If Company needs to cancel the Group Class, you will be offered the opportunity to reschedule or receive a full refund.
Enrollment in Group Classes is nonrefundable. If you are unable to attend, you may reschedule your enrollment one time if you provide us with at least 24 hours notice. To reschedule, please email amanda@scarlatifamilykitchen.com. Once approved, your registration will be transferred. This is subject to availability.
Private Class Purchases
On the website, you can purchase enrollment in virtual private classes ("Private Classes"). When you enroll in a Private Class, you understand that it will be held live, via Zoom, on a specific date and time. Please be aware that your attendance will be required to participate.
Upon booking, you will be required to make a 50% non-refundable deposit, which will hold the date of your Private Class. The remaining balance is due 48 hours in advance of the Private Class.
Upon registration, we will send you additional information on your Private Class, such as the link to attend.
Company reserves the right to change the date and time of the Private Class and will provide you with notice, if this happens. Please ensure that your email is correct at the time of purchase so you will receive this information. If Company needs to cancel the Private Class, you will be offered the opportunity to reschedule or receive a full refund.
Enrollment in a Private Class is nonrefundable. If you are unable to attend, you may reschedule your enrollment one time if you provide us with at least 72 hours notice. To reschedule, please email amanda@scarlatifamilykitchen.com. Once approved, a new date will be scheduled, subject to availability.
Courses
On the Website, you may purchase enrollment in online courses ("Course(s)"), such as Cooking 101: From Kitchen to Plate.
You must pay for any Courses at the time of your purchase. Company offers a 14-day no-risk guarantee. You may receive a refund at any time within the first 14 days. To calculate the time, the date of your purchase is considered the first of the 14 days. To request a refund, email amanda@scarlatifamilykitchen.com. After the 14th day, no refunds will be granted.
Upon acceptance of your enrollment, Company will grant you access to the Course platform. You will have "Lifetime Access" to the Course content, which Company defines as follows: You will have access to the Course for as long as the Company hosts the Course. In the event that Company determines the Course will no longer be available, Company will provide you with notice.
The Course may contain downloadable content. You agree to use all elements of the Course, including downloadable content, in accordance with the license outlined above.
Testimonials
If you provide us with a testimonial regarding your experience with the Products, you grant us the right to publish the testimonial for marketing purposes. If you provide it with your testimonial content, this includes the right for us to use your name and likeness.
Communication about Products
If you purchase a Product, you will enter your email address at the time of purchase. You agree that we may email you regarding this purchase.
Termination
Company reserves the right to terminate your access to the Company Content at any time in its sole discretion.
No Guarantee - Products
Company does not guarantee that the Product(s) will be error-free.
ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS DO NOT LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IF YOU LIVE IN SUCH A JURISDICTION.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all Company Content. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing the Company Content;
- Reproduction or duplication of any Company Content for commercial purposes;
- Modification of any Company Content.
Provision of any Website functionality to share Company Content to social media does not constitute any waiver of Company's intellectual property rights. These tools provide you with a limited license to republish the content on the approved social media channels only with full credit to Company.
You are permitted to use a link to Company Content that is publicly available on the Websie. You may use one photo or paragraph from any post on the Website, with a mandatory do-follow link back to the post on our Website where it originated. You are not permitted to post an entire recipe or more than one paragraph of a post, use a photo without linking back, or presenting any of our content as your own. Any distribution of content from the Website beyond what is described herein constitutes copyright infringement.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.
You must not use the Website for any third-party marketing without Company's express written permission.
ARTIFICIAL INTELLIGENCE
Company does not consent to the use of any portion of the Company Content being used in any format, in whole or in part, for the development, training, or operation of artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.
CONSENT TO DATA COLLECTION
These Terms incorporate the Company Privacy Policy, which you may find at https://scarlatifamilykitchen.com/privacy-policy/. As is more fully described in our Privacy Policy (including links to policies provided by our vendors and service providers), the Website engages in data collection, either directly or through vendors or service providers, which may include behavior-tracking technology.
By using the Website, you are expressly consenting to Company's data collection, whether collected directly by Company or through Company's vendors or service providers. If you wish to revoke your consent, the Privacy Policy contains more information on how to do so.
INTELLECTUAL PROPERTY RIGHTS
Copyright
Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Trademarks
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company's rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
CONTRIBUTION POLICY - COMMENTS AND RATINGS
The Website offers the ability for users to leave reviews through comments and ratings. Pursuant to the FTC's rules, Company has enacted the following policies related to consumer reviews.
Company does not knowingly publish false reviews or testimonials in the Company Content. To the best of Company's knowledge, all comments were left by individuals who have experience with Company Content. Company does not pay for comments or reviews.
Company does not suppress negative reviews, such as comments or ratings. Under the FTC's rules, a negative review is not considered suppressed if Company applies the same criteria for withholding reviews to all submissions. Company adopts the following policies related to any deletion of any submissions, such as comments, reviews, or other forms of testimonials.
- Company reasonably believes the review, including any star ratings or written text, is fake.
- The review is not related to the products or services for which it was made.
- The review contains content in violation of Company's policies, which prohibit: inclusion of trade secrets or confidential information; defamatory, harassing, abusive, obscene, vulgar, or sexually explicit content; the personal information or likeness of another individual; content that is discriminatory with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; or, the content is clearly false or misleading.
Any submissions in violation will be promptly deleted and no further explanation will be due to you if your contribution is determined to be in violation of this policy.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Scarlati Family Kitchen LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.
FTC DISCLOSURE
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
CHANGES TO THE COMPANY CONTENT
Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.
COMMUNICATION
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
MONITORING AND ENFORCEMENT
Company has the right to:
- Take any action with respect to any contribution made to the Website.
- Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
- Take appropriate legal action for any illegal or unauthorized use of the Website.
Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.
TERMINATION
The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website or Company Content without notice to you.
LINKS FROM THE WEBSITE
Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.
THIRD PARTIES
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Company Content is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.
Company makes no warranty the Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY AS IT MAY BE RELATED TO ANY CLAIMS RELATED TO YOUR USE OF THE WEBSITE OR COMPANY CONTENT.
COMPANY, IN ADDITION TO ITS VENDORS AND SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, ITS VENDORS, OR ITS SERVICE PROVIDERS, EXCEED $100 FOR ANY CLAIMS RELATED TO THE WEBSITE.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
BINDING ARBITRATION
Applicability of Arbitration Agreement
You agree that any dispute or claim against Company, or Company's vendors or service providers (collectively, "We" or "Us"), related in any way to your access or use of this Website, to these Terms, or to any aspect of your relationship with Us that is related to use of the Website, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.
You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.
PROCESS
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to hello@scarlatifamilykitchen.com. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Fees
If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys' fees and costs in the arbitration, to the extent permitted by applicable law.
Authority of Arbitrator
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.
Waiver of Jury Trial
You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions
Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.
Batch Arbitration
You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that - in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration - (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a "Batch Arbitration"). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.
Survival
This Arbitration Agreement will survive the termination of your relationship with Us.
Modification
Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.
CHOICE OF LAW AND FORUM
The Terms shall be governed by the laws of the State of Utah. You agree to personal jurisdiction therein.
To the extent that any Dispute is not governed by the Arbitration provision above, you agree that the courts of Utah will have jurisdiction. You agree that any claims will be brought and maintained on an individual basis and not as part of any class, consolidated, collective, or representative capacity, and that you waive the right to a jury trial.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.
All notices with respect to the Terms must be in writing and may be via email to hello@scarlatifamilykitchen.com or Company and to your email address.
UPDATED: October 24, 2025