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UNITE KITCHENS TERMS AND CONDITIONS


Unite Kitchens Inc. (“Unite Kitchens,” “we,” “us,” or “our”) welcomes you.  We provide you access to our tools and services (our “Services”) through our website (the “Site”) subject to these Terms of Use, which may be updated by us from time to time without notice to you.  By browsing the public areas of the Site or by accessing and using our Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).  If you do not agree to any of these terms, then you are not permitted to use the Site.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

  1. DESCRIPTION AND USE OF UNITE KITCHENS

We provide Host and Guests with access to the Site as described below.  

Guests. Guests, as the term implies, are people who do not register with us, but want to explore the Site.  No login is required for Guests.  Guests can: (i) view all content and access all publicly-available features and functionality on the Site; (ii) subscribe to Unite Kitchens communications, alerts, and other notifications; and (iii) contact us.

Host.  Host can do all the things that Guests can do, and: (i) access non-public features and functionality available only to Host; (ii) create, access, manage, and update their own personal accounts on the Site; (iii) post listings, comments, reviews, and other content on the Site and/or interact with other Host of the Site (all content and information provided in connection with the foregoing is collectively referred to herein as “Host Content”); and (iv) provide or book third-party spaces through Unite Kitchens (“Spaces”). Unite Kitchens is under no obligation to accept any individual as a Host and may accept or reject any registration in its sole and complete discretion.  In addition, Unite Kitchens may deactivate any account at any time, including, without limitation, if it determines that a Host has violated this Agreement.

  1. FEES AND TAXES

(a) Fees and Payments. You understand that Unite Kitchens may initiate charges to you for the goods or services you receive. By using our Services, you authorize Unite Kitchens to receive and/or enable your payment of applicable charges for the goods or services (including third party services like Host Services and Vendor Services) obtained through your use of the Platform and Platform Services.

(b) Fees Charged by Unite Kitchens. Unite Kitchens charges services fees to its users in exchange for use of the Platform Services or for providing Concierge Services. Hosts are charged Host Fees; Guests are charged Guest Fees, and Vendors are charged Vendor Fees (collectively “Service Fees”).

(c) Host Charges and Additional Fees. A Booking provides a limited use of a Space or Vendor Service as described in the Listing and Booking Agreement, if applicable, for which the Host charges a fee (the “Booking Price”). Where Host Services or Host Add-Ons are provided to supplement the use of a Space, such services must be processed through our Platform. A Host may sometimes also charge a Cleaning Fee in association with the use of a Space. If the Host offers Host Add-Ons in a Booking, the Host may also charge a Host Add-On Fee. 

(f) Taxes and Fines. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Spaces or Vendor Services including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Unite Kitchens will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Space, or providing or using Vendor Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Unite Kitchens for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this PSA including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this PSA or misuse of the Platform, Services, Space, or Vendor Services (collectively, “Fines”). You understand and agree that Unite Kitchens does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding Taxes.

(g) Payment. You will timely and fully pay any Fees, Deposits, Taxes, Fines, or other amounts you owe under this PSA. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as direct debit, wire transfer, or cashiers’ check). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses. In our discretion, any late payments of more than 7 days may incur a late charge of up to ten percent (10%) and accumulate interest of ten percent (10%) per month until delinquency is resolved. We may use any legal means available to us to collect delinquent payments, including collections agencies or court filings.

(h) Payment Processing. Acceptance and payment of funds between users or Unite Kitchens on the Platform (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement that includes the Stripe Services Agreement(collectively, the “Stripe Agreement”). By agreeing to this PSA or continuing to operate as a Host on Unite Kitchens, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Unite Kitchens does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.

Appointment of Unite Kitchens as a Limited Collection Agent. Each user (such as Hosts, Vendors, or Guests who facilitate certain transactions through our Platform) who collects payment for services provided via the Platform (“Collecting User”) hereby appoints Unite Kitchens as the Collecting User’s payment collection agent solely for the limited purpose of accepting funds from other users purchasing such services.  

Each Paying User acknowledges and agrees that, notwithstanding the fact that Unite Kitchens is not a party to the agreement between you and the Collecting User, Unite Kitchens acts as the Collecting User’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Collecting User. Once a Paying User makes payment of funds to Unite Kitchens, the Paying User’s payment obligation to the Collecting User for the agreed upon amount is extinguished, and Unite Kitchens is responsible for remitting the funds to the Collecting User in the manner described in this PSA, which constitutes Unite Kitchens’s agreement with the Collecting User. In a case whereby Unite Kitchens does not remit any funds, the Collecting User will have recourse only against Unite Kitchens.

Each Collecting User agrees that payment made by a Paying User through Unite Kitchens shall be considered the same as a payment made directly to the Collecting User. The Collecting User will provide the purchased services to the Paying User in the agreed-upon manner as if the Collecting User has received the payment directly from the Paying User. Each Collecting User agrees that Unite Kitchens may refund the Paying User in accordance with this PSA (including all applicable terms referenced herein) and each Collecting User understands that Unite Kitchens’s obligation to pay the Collecting User is subject to and conditional upon successful receipt of the associated payments from Paying User. Unite Kitchens shall be obligated to make payments to Collecting User only for such amounts that have been actually received by Unite Kitchens from Paying User in accordance with this PSA. In accepting appointment as the limited payment collection agent of the Collecting User, Unite Kitchens assumes no liability for any acts or omissions of the Collecting User.

  1. RESTRICTIONS ON USE

By accessing and/or using the Site or the Services, you agree to comply with the following restrictions on use:

  • If you wish to become a Host or a Guest, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater;

  • You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful or otherwise fraudulent purpose;

  • You will not upload, post, e-mail, transmit, or otherwise make available any Host Content that:

  • infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

  • constitutes promotion or advertising of any third-party website, product or service; or

  • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or

  • discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

  • You will not “stalk,” threaten, or otherwise harass another person;

  • You will not access or use the Site to collect any market research for a competing business;

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;  

  • You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; providedhowever, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

  • Circumvent Unite Kitchens in order to transact with a Host or Guest introduced to you via the Site outside of the Unite Kitchens ecosystem in violation of Section 4 below.

  • You will let us know about inappropriate Host Content of which you become aware.

We have the right, but not the obligation, to review and reject or remove any Space listing or other Host Content that, in our sole discretion, violates these Terms of Use in any respect.  We also reserve the right, in our sole and absolute discretion, to deny you access to the Site, or to any portion of the Site, without notice.

  1. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS 

If you wish to become a Host, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).  When creating your account, you must provide true, accurate, current, and complete information.  Each Sign-In Name and corresponding Password can be used by only one Host.  You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Site using one or more of them.  You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier.  We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.  Unite Kitchens will not be liable for any loss or damage caused by any unauthorized use of your account.

  1. NO CIRCUMVENTION

You acknowledge and agree that the Site and Unite Kitchens’s Services are designed to facilitate booking transactions.  Notwithstanding anything in this Agreement to the contrary, in no case shall any Host, whether a Guest or a Host, circumvent Unite Kitchens in order to transact with another Host it has met via Unite Kitchens to book a Space that is listed on the Site. Although Guests and Hosts may communicate off-Site about a Space booking, including, without limitation, for purposes of offering a physical tour of the Space, once the parties decide to transact (i.e., once Guest decides to book the Space in question), the parties must bring the transaction back to Unite Kitchens and follow the prescribed steps to consummating the transaction, including payment of all fees hereunder.  

Unite Kitchens reserves the right to monitor all Host’ activity on the Site or using the Services, including, without limitation, communications by and between Guests and Hosts, in order to monitor compliance with the foregoing non-circumvention requirements.  If Unite Kitchens determines that any Host is in violation of this Section 4, it reserves the right to immediately close your account with the Site, deny you future access to the Site, and remove any Space listings you may have on the Site.

  1. INTELLECTUAL PROPERTY

The Site contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of Unite Kitchens (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Unite Kitchens (the “Unite Kitchens Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Unite Kitchens.  Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Unite Kitchens Trademarks, the “Trademarks”).  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of the Unite Kitchens Trademarks inures to our benefit.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

  1. HOST CONTENT

As noted above, the Site provides Host the ability to post and upload Host Content.  You expressly acknowledge and agree that once you submit your Host Content other than Secret Listings (as defined below), it will be accessible by others, and that there is no confidentiality or privacy with respect to such Host Content, including, without limitation, any personally identifying information that you may make available.  It is also understood and agreed by you that you shall have no expectation of privacy with respect to information that you exchange with other Host via the Site’s messaging functions.  For the avoidance of doubt, the content of such messages between you and other Host may be monitored by Unite Kitchens for compliance purposes as set forth in Section 5 above, but will not be disclosed to other Host or made publicly available.  YOU, AND NOT UNITE KITCHENS, ARE ENTIRELY RESPONSIBLE FOR ALL HOST CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE SITE, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH ANY SUCH HOST CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Host Content.  You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Host Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.  You also grant us and our sublicensees the right, but not the obligation, to use your Host Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Host Content permitted by the previous sentence and/or to advertise and promote the Site, Unite Kitchens, the Services, and our other products and services.  Without limiting the foregoing, you acknowledge and agree that uses of your Host Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Host Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Host Content to us, each such submission constitutes a representation and warranty to Unite Kitchens that such Host Content is your original creation (or that you otherwise have the right to provide the Host Content), that you have the rights necessary to grant to Unite Kitchens the license to the Host Content as set forth above, and that it and its use by Unite Kitchens and third parties as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates this Agreement.

In addition, if you are a Host and you submit Host Content in the form of a Space listing, your submission constitutes a representation and warranty to Unite Kitchens that you have the full right, power, and authority to offer the Space for rent through Unite Kitchens and to collect money in connection with the rental of the Space through Unite Kitchens.  

  1. COMMUNICATIONS WITH US

Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information.  With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

  1. NO WARRANTIES; LIMITATION OF LIABILITY

All Spaces are provided by the third-party Hosts, and not by Unite Kitchens; therefore, Unite Kitchens has no control over, and hereby disclaims any and all liability arising out of or associated with, the condition, quality, safety, legality or suitability of any Space. HOSTS AND GUESTS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE ASSIGNS, SUBROGEES, REPRESENTATIVES AND ALL OTHER PERSONS OR ENTITIES ACTING FOR, BY OR THROUGH IT, HEREBY RELEASE AND FOREVER DISCHARGE UNITE KITCHENS, ITS DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND INSURERS, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, OF WHATEVER NATURE, CHARACTER OR DESCRIPTION, FOR PERSONAL INJURY, PROPERTY DAMAGE OR DEATH THAT ARISE FROM, ARE RELATED TO OR ARE IN ANY WAY CONNECTED WITH THE RENTING OR USE OF ANY SPACE. IN A CASE WHERE EITHER HOST OR GUEST SUFFERS ANY LOSS TO PERSON OR PROPERTY, SUCH HOST OR GUEST SHALL LOOK SOLELY TO ITS OWN INSURANCE COVERAGE, AND HEREBY WAIVES ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER THAT GUEST OR HOST, OR ITS SUCCESSORS OR ASSIGNS, MAY HAVE AGAINST UNITE KITCHENS.

YOU ACKNOWLEDGE THAT THE SITE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. THE SITE, THE SERVICES, AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE SPACES GIVING RISE TO ANY CLAIM.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.  

  1. EXTERNAL SITES; THIRD-PARTY VENDOR

The Site may contain links to third-party websites, including, without limitation, websites maintained or owned by other Host or the websites of third-party vendors that may provide services complimentary to our Services (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites.  The External Sites are developed and provided by others, and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites or the third-party vendors highlighted on such External Sites, and we do not make any representations regarding the content or accuracy of materials on such External Sites or any such third-party vendors.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

  1. INDEMNIFICATION; INSURANCE 

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content, the Site, or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your rental, booking, or use of a Space.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Hosts and Guests must maintain adequate general liability insurance against any claim or claims that might arise out of such Host’s or Guest’s rental, booking, or use of a Space. Upon request by Unite Kitchens, such Host or Guest shall furnish an insurance certificate signed by an authorized agent evidencing such insurance coverage.

  1. COMPLIANCE WITH APPLICABLE LAWS

The Site is based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access or use the Site, the Content, or the Services from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. If we terminate the Agreement or discontinue the Services without cause, we shall provide you a pro-rata refund of any pre-paid, but unused, fees you have paid us in connection with any Subscription.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT

Unite Kitchens respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Copyright Agent

Unite Kitchens

<admin e-mail>

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  1. CONTROLLING LAW

The Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions.

  1. BINDING ARBITRATION

In the event of a dispute arising under or relating to the Agreement, the Site, the Content, or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.  All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Los Angeles, California.  The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.  As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

  1. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  1. EQUITABLE RELIEF

You acknowledge and agree that in case of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.

  1. MISCELLANEOUS 

If the Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of Sections 4 through 19, which shall remain in full force and effect.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.  

Additional Host Terms

  1. HOST REPRESENTATIONS AND WARRANTIES

Host hereby represents and warrants that (i) any and all information in any registration questionnaire is truthful and accurate, (ii) the Space is safe for purposes of any booked Space and conforms to all applicable laws, regulations, and codes, and (iii) it has the full right, power, and authority to offer the Space for rent through Unite Kitchens and to collect money in connection with the rental of the Space through Unite Kitchens. All representations and warranties run to the benefit of Unite Kitchens and Guests.





  1. SPACE RULES FOR HOSTS

Host, not Unite Kitchens, is solely responsible for obtaining any and all permits and/or approvals necessary to rent out a Space, to host Spaces, or to otherwise use the Services. Host, not Unite Kitchens, is solely responsible for paying all applicable taxes, levies, or fees with respect to providing use of a Space. Host, not Unite Kitchens, is responsible for obtaining and maintaining insurance policy or policies sufficient to cover the use of each Space offered via the Site. Unite Kitchens reserves the right at any time to refuse to list a Space or cancel the listing of a Space or to remove a Space listing for any reason whatsoever. Hosts agree that there shall be no recourse against Unite Kitchens for exercising its right to refuse a listing, or for removing the listing of a Space from the Site.

  1. CANCELLING A BOOKED SPACE

You must submit all cancellations through the Unite Kitchens platform. Your cancellation of a booked Space is not effective unless and until you have requested the cancellation through your Unite Kitchens account. You acknowledge and agree that any and all Transaction Fees (as defined below) are 100% non-cancellable and non-refundable.

You may only cancel one booked Space in any six (6) month period, and if you cancel any booked Space less than thirty (30) days prior to the Space Date, you will be charged a cancellation fee equal to the greater of $100 or fifteen percent (15%) of the Total Booking Fees (as defined below) for the canceled Space, in addition to any Transaction Fees paid by the Guest (which Unite Kitchens may refund to the Guest in its discretion). We will automatically deduct any applicable cancellation fees for which you are responsible from any fees or amounts owed by Unite Kitchens to you.

If you cancel any booked Space, your calendar will stay blocked for the cancelled Space Date and you will not be able to accept another reservation for the same date of the canceled reservation.

  1. PAYMENTS

Guests are required to pay all fees charged by the applicable Host for use of the Space (“Usage Fees”), any prepaid or reserved security deposit that may be required by the Host (“Security Deposit”), and any transaction fees posted by Unite Kitchens and applied to the booking (“Transaction Fees,” and, collectively with all other amounts due hereunder in connection with a booking, the “Total Booking Fees”).  You agree that Unite Kitchens may deduct all Transactions Fees, commissions, and other fees posted by Unite Kitchens in advance of paying out any Usage Fees, referral fees, or other amounts owed to you in connection with your use of the Services. By booking any Space, you also agree to the terms of service and privacy policy of Unite Kitchens’ third-party payment processor.



Additional Guest Terms

  1. GUEST REPRESENTATIONS AND WARRANTIES

Guest is responsible for (a) its own compliance, and the compliance of all individuals provided access to the Space in connection with an Space, with all laws, regulations, codes, Booking Terms, and terms and conditions of this Agreement and (b) leaving a rented Space in the same condition as it was found, excluding ordinary wear and tear. All representations and warranties run to the benefit of Unite Kitchens and Hosts.

  1. SPACE RULES FOR GUESTS

Guest is authorized to use the Space to hold the Space solely in accordance with the Booking Terms and the description of the Space as set forth on in Guest’s request for Quote, unless Host gives Guest prior written authorization for additional permitted uses. Host shall have the right to enter the Space at any time and for any reason, including, without limitation, any emergency or threatened emergency that may pose a danger to the Space or an injury to any person in or near the Space.

All equipment, installments, decorations, and personal property of Guest or any of Guest’s service providers, guests or invitees must be removed from the Space by the conclusion of the Space. Unless otherwise agreed to in writing by Host, any such equipment, installments, decorations, or personal property left in the Space after the Space shall be considered abandoned and may be disposed of by Host accordingly. If any property or equipment is left in the Space after the designated end time of the Space, or if any individuals remain in the Space past such time, you may be subject to overtime fees in accordance with the Booking Terms.

Guest shall leave the Space in the same or similar condition as when Guest entered the Space. Guest shall be responsible for any damage caused to the Space during use, beyond ordinary wear and tear, and shall be responsible for any repair needed to remedy such damage. In case that Guest does not satisfactorily remedy any such damage, Host shall be entitled to make the necessary repairs at Guest’s expense. If any such charges exceed the agreed Security Deposit (which, for avoidance of doubt, may be charged at the time an Space is booked or after such Space) Guest shall reimburse Host for any such repairs within thirty (30) days of receipt of Host’s written request for reimbursement.

  1. CANCELLING A BOOKED SPACE

You must submit all cancellations through the Unite Kitchens platform. Your cancellation of a booked Space is not effective unless and until you have requested the cancellation through your Unite Kitchens account. You acknowledge and agree that any and all Transaction Fees are 100% non-cancellable and non-refundable, except when otherwise designated in the Unite Kitchens cancellation policy, and that the Usage Fees and Security Deposit are refundable only to the extent designated by Host in the applicable Quote.

Each booked Space will be subject to the cancellation policy designated by the applicable Host. YOU WILL NOT BE ENTITLED TO ANY REFUND IN RESPECT OF CANCELLATIONS MADE NOT IN ACCORDANCE WITH THE APPLICABLE CANCELLATION POLICY.

  1. SPACE AND TRANSACTION FEES; DEPOSITS

When booking any Space through Unite Kitchens, you shall pay: (i) to Host, any required Security Deposit for the Space; and (ii) to Unite Kitchens, the full amount of all Usage Fees, as well as the Transaction Fees and any applicable taxes. Our third-party payment processor, Stripe, shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the Usage Fees, Transaction Fees, and applicable taxes, and you hereby consent to the same.  All payments will be charged and made in U.S. dollars.  By booking any Space, you agree to Stripe’s terms of service and privacy policy, which can be found here: https://stripe.com/us/terms and https://stripe.com/us/privacy.

You must provide current, complete, and accurate billing and credit card information in connection with each booked Space.  You must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).  If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand.  You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.  In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.  You are advised to check with your bank and credit card issuer for details.

You agree that your approved payment facility may be charged after a Space for any damages or overtime fees chargeable to you in accordance with this Agreement and the Booking Terms.