KAKADOODLE, LLC

WEBSITE TERMS OF USE

Welcome to the Kakadoodle Website and service platform (https://www.Kakadoodle.com/) (the "Website") of Kakadoodle, LLC. ("Kakadoodle"), a company located in Frankfort, IL. These Terms of Use ("Terms of Use") apply to users visiting or otherwise utilizing the Website (a "User").

Users are comprised of two types: those Users who are visiting the website to make purchases as customers of Kakadoodle ordering products (the "Customer") and Users who are visiting the website as third-party merchants providing products or services (the "Farmer"). A User may be a Customer, a Farmer, or both.

By clicking "I agree", User hereby consents to and accept these Terms of Use to access the Website and any pages thereof. If User does not agree to these Terms of Use, User may not use the Website.

INTRODUCTION

Kakadoodle will from time-to-time make changes to its Terms of Use, and when changes are made, Kakadoodle shall make customers aware of such changes to its Website via email or other similar method.

If User violates any of these Terms of Use, in Kakadoodle's sole discretion, User's right to use the Website will be terminated.

SERVICES & AUTHORIZED USE

Services offered by Kakadoodle on the Website are subject to these Terms of Use, Kakadoodle's Privacy Policy. User is authorized to use the Website for User's own personal use and in accordance with these Terms of Use.

RETURN/REFUNDS POLICY

All returns are subject to Kakadoodle's return policy.

PRODUCTS

Kakadoodle makes every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Website. However, Kakadoodle does not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and User's electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and Kakadoodle cannot guarantee that items will be in stock. Kakadoodle reserves the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

GUIDELINES FOR REVIEWS

Kakadoodle may provide User areas on the Website to leave reviews or ratings. When posting a review, a User must comply with the following criteria:

  1. User should have firsthand experience with the person/entity being reviewed;
  2. User's reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. User's reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. User's reviews should not contain references to illegal activity;
  5. User should not be affiliated with competitors if posting negative reviews;
  6. User should not make any conclusions as to the legality of conduct;
  7. User may not post any false or misleading statements; and
  8. User may not organize a campaign encouraging others to post reviews, whether positive or negative.

Kakadoodle may accept, reject, or remove reviews in Kakadoodle's sole discretion. Kakadoodle has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Kakadoodle, and do not necessarily represent Kakadoodle's opinions or the views of any of Kakadoodle's affiliates or partners. Kakadoodle does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, User hereby grants to Kakadoodle a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

UNAUTHORIZED USE

User shall not use the Website in any illegal activity nor to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations.

User shall provide true, accurate, current and complete information about User during sign up and as prompted by the registration form, if applicable. If any information provided by User is untrue, inaccurate, not current or incomplete, Kakadoodle has the right to terminate User's account and refuse any and all current or future use of the Website.

User shall not:

  1. Monitor, gather or copy any content on this Website by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind;
  2. Copy, modify or distribute any portion of the Website;
  3. Use the Website to process data on behalf of any third party that is not subject to these Terms of Use;
  4. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout of the Website);
  5. Engage in any activities through or in connection with this Website that seek to attempt to harm others or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party;
  6. Attempt to circumvent the security systems of the Website;
  7. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any server controlled or utilized by Kakadoodle;
  8. License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Website available to any third party;
  9. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
  10. Engage in any activity that interferes with any User's access to this Website or the proper operation of this Website;
  11. Impersonate any person or entity;
  12. Resell or transfer the Website, or use of, or access to the Website to any third-party.

If Kakadoodle becomes aware that User is engaging in any of the prohibited activities listed above, or other conduct, which in Kakadoodle's sole discretion is harmful to Kakadoodle or the Website, Kakadoodle reserves the right to revoke User's right to the Website and any permitted uses thereof.

UNAUTHORIZED USE BY FARMERS

If User is a Farmer using the website to provide Kakadoodle with goods, the Farmer promises to comply with any relevant laws and statutory regulations pertaining to the food items provided, including applicable licensure and permits, and the requisite insurance. If Kakadoodle becomes aware that any Farmer is using the Website without being in compliance as described herein, Kakadoodle reserves the right to revoke Farmer's right to the Website and any permitted uses thereof.

SITE MONITORING & COOKIES

Kakadoodle uses electronic means to track and monitor User's use of the Website, including Google Analytics. More information on Google Analytics and its policies are available here (https://policies.google.com/technologies/partner-sites). User acknowledges and agrees that Kakadoodle has the right to electronically monitor User's use of the Website using various methods, and to disclose any of the collected information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its subscribers. Kakadoodle reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Kakadoodle may use a cookie or similar text files on some pages of the Website. A cookie is an element of data that a website can send to a browser, which may then store it on a computer. A cookie does not retrieve any other data from User's hard drive, does not carry computer viruses and does not reveal anything about User that User have not already revealed. The Website makes extensive use of cookies to speed up certain functions by utilizing the processing capability of User's browser and provide other benefits. The Website may not function properly without cookies being enabled.

User's interactions with Kakadoodle are further governed by the Kakadoodle privacy policy which Kakadoodle encourages User to read at the link: https://Kakadoodle.com/privacy.

LINKS TO OTHER WEBSITES

The Website may contain web links to third-party websites. These links are provided as a convenience to User and such third-party websites are not under Kakadoodle's control. Kakadoodle makes no representations or warranties as to the accuracy and information on or from other websites. Please be advised that the privacy policy and security policy of third-party linked websites are not that of Kakadoodle.

ELECTRONIC MAIL SECURITY

Electronic mail over the Internet is not secure or confidential. Kakadoodle is not responsible for any damages in connection with electronic mail User sends to Kakadoodle or electronic mail sent to User, at User's request.

SOFTWARE AND HARDWARE REQUIREMENTS

Kakadoodle requires User to use a web browser that supports adequate security measures which includes the use of Secure Socket Layer (SSL) encryption technology with minimum 128 bit encryption, and such standards may change from time-to-time as determined by Kakadoodle.

Kakadoodle is not responsible for any computer virus or related computer hardware and software problems that may arise with User's use of the Website services over the Internet.

COPYRIGHTS, TRADEMARKS AND/OR RESTRICTIONS ON USE

User acknowledges and agrees that Kakadoodle owns all right, title, and interest to the Website and all content and works of authorship displayed on the Website, except where expressly noted; including without limitation photos, text, icons, source code, video, software, graphics and sound recordings (including how such information and materials are arranged on the Website).

Such items are protected by copyright and/or other laws. User is authorized to view such information and materials on the Website only for User's own purposes. User may not copy, distribute, disseminate, sell, reproduce, display, link to, license, create derivative works of or republish the Website or any portion of the Website for any commercial or public purpose without Kakadoodle's prior express written consent.

In addition, User acknowledges and agrees, that Kakadoodle (or others, as indicated) owns the trademarks, service marks, registered service marks or registered trademarks and logos (each referred to as "Marks") which are displayed on the Website. User shall not use such Marks without the prior express written consent of Kakadoodle or the indicated third-party that may own the Marks. User agrees that except as expressly provided herein, Kakadoodle has granted User no license, rights in or rights to use any of the Marks; Kakadoodle and/or applicable third parties and licensors retain all rights to the Marks.

USER ACCOUNT, USER INFORMATION, AND HACKING

User is responsible for maintaining the confidentiality of User's account, usernames and passwords, and for restricting access to User's computer. User agrees to accept responsibility for all activities that occur under User's account or password and shall immediately notify Kakadoodle of any unauthorized use of User's account or credentials.

If User needs help accessing or removing any of User's information, please contact Kakadoodle at support@kakadoodle.com.

Kakadoodle tries to ensure that the website is secure and that the information shared with Kakadoodle is safe. However, no security measure is perfect, and unauthorized intrusions into the website are possible. User acknowledges and agree that Kakadoodle shall not be responsible for any damages stemming from such unauthorized intrusions or disruption of the website.

REPRESENTATION AND WARRANTY

Kakadoodle here represents and warrants that they are compliant with any legally required permit or license in conducting their business and that any Farmer working with them shall represent and warrant the same. Kakadoodle reserves the right to request certification of compliance from any Farmer at any time and to cease their business relationship if not properly maintained and furnished by any Farmer.

WARRANTY DISCLAIMER

The information, products, and services (collectively "Materials") contained in, or provided via, the Website, including eggs and other food items, and applicable related delivery or subscription services, whether originating from Kakadoodle, Farmers, or any other third parties, or any other items, are provided "as available" and "as is." Kakadoodle makes no warranties of any kind, express or implied, with respect to the Website and materials, or any related service, or the fitness of the Website and/or Materials for User's use. Customers understand and accept risks associated with delivery of food products which may carry foodborne illness despite best efforts of Kakadoodle and third-party providers.

Kakadoodle hereby expressly disclaims any implied warranty of merchantability, fitness for a particular purpose or implied warranties arising from a course of dealing or course of performance. No oral or written information given by Kakadoodle, its employees, licensors or the like will create a warranty hereunder. Also, Kakadoodle disclaims any and all representations and warranties, express or implied, with respect to the website and materials pertaining to non-infringement, security, accuracy, non-interruption and freedom from computer virus(es). Kakadoodle does not warrant the accuracy, completeness or adequacy of the information and materials on the Website.

Kakadoodle makes no representation that Materials on this Website are appropriate or available for use in locations outside the United States. Access to this Website from countries or territories where such access is illegal is prohibited. If User accesses this Website outside the United States, User does so on User's own initiative and are responsible for compliance with local laws.

Certain products on Kakadoodle's website are provided to Kakadoodle by independent third-party merchants. Kakadoodle provides no warranty express or implied as to the products offered for sale on the Website beyond what is contained herein.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, under no circumstances shall either User or Kakadoodle (and their related parties) (collectively, "the parties") be liable for any of the following: (i) direct damages in excess of the actual fee(s) paid by User to Kakadoodle for access to the website/use of the services (if any) or, (ii) any incidental, special, consequential, exemplary, punitive, or other indirect damages whatsoever (including damages for loss of profits, goodwill, use, data, or other intangibles) arising out of or in any way connected with the website or its related services whether based on contract, tort, negligence, strict liability or otherwise, even if the party or its related parties have been advised of the possibility of such damages.

Customers understand the limitation of liability by Kakadoodle related to goods provided by Kakadoodle and/or shipped to them by Kakadoodle.

Farmers understand the limitation of liability by Kakadoodle related to handling of third-party products from Farmers.

The parties intend that the limitations and disclaimers contained in this section shall be valid and enforced even if they fail of their essential purpose.

INDEMNIFICATION

User agrees to indemnify, defend and hold harmless Kakadoodle and its respective directors, officers, employees, and agents from and against all claims and expenses (including reasonable attorneys' fees) arising out of User's violation of these Terms of Use or misuse of the Website.

GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Use are governed by and shall be interpreted under the internal laws of the State of Illinois, excluding its conflict of law principles. Any unresolved dispute or controversy arising from or relating to these Terms of Use shall be mediated by both parties prior to any party pursuing any other legal or equitable remedy in any other forum whatsoever (the "Mediation"). All such Mediations shall be conducted through the platform provided by New Era ADR, Inc. (https://app.neweraadr.com/) (the "New Era Platform") in accordance with its rules and procedures by a professional neutral(s) with substantial experience in mediating and resolving commercial disputes (the "Neutral"). The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. If and only if any such unresolved dispute or controversy arising from or relating to these Terms of Use is not finally settled through Mediation, such unresolved dispute or controversy shall be finally resolved by binding arbitration through the New Era Platform in accordance with its rules and procedures for Virtual Standard Arbitrations. The Neutral shall be chosen in accordance with the rules and procedures of the New Era Platform. The parties will bear costs as provided for under this Agreement or, if silent, in accordance with the rules and procedures of the New Era Platform. The prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees and all other expenses) incurred in connection therewith, at the Neutral's discretion.