Terms & Condition
Welcome to www.PlatePick.com. The www.PlatePick.com website (the "Site") is comprised of
various web pages operated by PlatePick, Inc ("PlatePick"). www.PlatePick.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices contained
herein (the "Terms"). Your use of www.PlatePick.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
www.PlatePick.com is an E-Commerce Site.
PlatePick partners with food service providers to provide consumers with goods through their
website and app. The items that will be sold on this website will consist mostly of food and
Policy, which also governs the Site and informs users of our data collection practices.
Visiting www.PlatePick.com or sending emails to PlatePick constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. You may not assign or otherwise transfer your
account to any other person or entity. You acknowledge that PlatePick is not responsible for third
party access to your account that results from theft or misappropriation of your account. PlatePick
and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under Thirteen
PlatePick does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.PlatePick.com only with permission
of a parent or guardian.
Once an order is placed, you will only be able to cancel the order if our chefs have not already
prepared your order. If the chefs have not already prepared the order, then your account will be
credited for the purchase amount.
Links to Third Party Sites/Third Party Services
www.PlatePick.com may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of PlatePick and PlatePick is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. PlatePick is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by PlatePick of the site or any association with its operators.
Certain services made available via www.PlatePick.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the www.PlatePick.com
domain, you hereby acknowledge and consent that PlatePick may share such information and data
with any third party with whom PlatePick has a contractual relationship to provide the requested
product, service or functionality on behalf of www.PlatePick.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
Site, you warrant to PlatePick that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You
may not obtain or attempt to obtain any materials or information through any means not intentionally
made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of PlatePick or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
PlatePick content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for your
personal use, and will make no other use of the content without the express written permission of
PlatePick and the copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the intellectual property
of PlatePick or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information; upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received
all necessary consents; upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication Service
specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such manner; falsify or delete any author
attributions, legal or other proper notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded; restrict or inhibit any other user from
using and enjoying the Communication Services; violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service; harvest or otherwise collect
information about others, including email addresses, without their consent; violate any applicable
laws or regulations.
PlatePick has no obligation to monitor the Communication Services. However, PlatePick reserves
the right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. PlatePick reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
PlatePick reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in PlatePick's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. PlatePick does not control or endorse the content,
messages or information found in any Communication Service and, therefore, PlatePick specifically
disclaims any liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized PlatePick
spokespersons, and their views do not necessarily reflect those of PlatePick.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload
Materials Provided to www.PlatePick.com or Posted on Any PlatePick Web Page
PlatePick does not claim ownership of the materials you provide to www.PlatePick.com (including
feedback and suggestions) or post, upload, input or submit to any PlatePick Site or our associated
services (collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting PlatePick, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
PlatePick is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in PlatePick's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide, post, upload, input or submit
Third Party Accounts
You will be able to connect your PlatePick account to third party accounts. By connecting your
PlatePick account to your third party account, you acknowledge and agree that you are consenting
to the continuous release of information about you to others (in accordance with your privacy
settings on those third party sites). If you do not want information about you to be shared in this
manner, do not use this feature.
The Service is controlled, operated and administered by PlatePick from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with all
local laws. You agree that you will not use the PlatePick Content accessed through
www.PlatePick.com in any country or in any manner prohibited by any applicable laws, restrictions or
You agree to indemnify, defend and hold harmless PlatePick, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. PlatePick
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with PlatePick in
asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only
by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral
arbitrator and administered by the American Arbitration Association, or a similar arbitration service
selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award
shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that
any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and
Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees.
The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or
any disputes arising as a result of these Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and Conditions. The parties agree that the
Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire
dispute, including the scope and enforceability of this arbitration provision shall be determined by the
Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A
PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
PlatePick agree otherwise, the arbitrator may not consolidate more than one person's claims, and
may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PlatePick, INC
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
PlatePick, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
PlatePick, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PlatePick,
INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE
DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PlatePick, INC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
PlatePick reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent permitted
by law, this agreement is governed by the laws of the State of California and you hereby consent to
the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to
the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you
and PlatePick as a result of this agreement or use of the Site. PlatePick's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of PlatePick's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by PlatePick
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and PlatePick with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and PlatePick
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties that
this agreement and all related documents be written in English.
Changes to Terms
PlatePick reserves the right, in its sole discretion, to change the Terms under which
www.PlatePick.com is offered. The most current version of the Terms will supersede all previous
versions. PlatePick encourages you to periodically review the Terms to stay informed of our updates.
PlatePick welcomes your questions or comments regarding the Terms:
3739 Balboa St #1060
San Francisco, California 94121