Terms of Service
Terms of Use Agreement
These Terms of Use establish an agreement between you and Petite Palates Inc. (“Petite Palates,” “Company,” “we,” or “us”). The following terms and conditions, along with any referenced documents (collectively, “Terms of Use”), govern your access to and use of www.petitepalates.com, including all content, functionality, and services available on or through the website (the “Website”), whether as a visitor or a registered user.
Please review these Terms of Use carefully before using the Website. By accessing or using the Website, you acknowledge and agree to these Terms of Use as well as our Privacy Policy, available at [insert privacy policy link], which is incorporated herein by reference. If you do not agree to these terms, you must not use or access the Website.
Eligibility
The Website is intended for users who are at least 13 years old and reside in the United States or its territories. By using the Website, you confirm that you meet these eligibility requirements and have the legal capacity to enter into a binding agreement with Petite Palates. If you do not meet these criteria, you are prohibited from using the Website.
Updates to the Terms of Use
We reserve the right to modify or update these Terms of Use at our sole discretion. Changes take effect immediately upon posting and apply to all subsequent use of the Website. However, modifications to dispute resolution terms will not apply to disputes for which both parties had prior notice before the update was posted.
By continuing to use the Website after any revisions are made, you agree to the updated Terms of Use. It is your responsibility to review this page periodically for changes, as they are binding upon you.
Website Access and Security
We may alter or discontinue any part of the Website, including content or services, at any time without prior notice. We are not liable if the Website becomes unavailable, whether temporarily or permanently. Access to certain areas of the Website may be restricted to registered users.
As a user, you are responsible for:
Ensuring you have the necessary internet access to use the Website.
Ensuring that anyone accessing the Website through your internet connection complies with these Terms of Use.
To access certain Website features, you may be required to provide accurate and up-to-date registration details. Any information submitted through the Website is subject to our Privacy Policy, and by providing such information, you consent to its collection and use as outlined therein.
If you are assigned login credentials, including a username and password, you must keep this information confidential. You are responsible for all activities conducted under your account. If you suspect unauthorized access or security breaches, notify us immediately at [insert contact email]. We reserve the right to disable accounts at our discretion if we determine a violation of these Terms of Use.
Intellectual Property Rights
The Website and all its contents—including text, graphics, images, software, and audiovisual materials—are owned by Petite Palates or its licensors and are protected under copyright, trademark, patent, and other intellectual property laws.
You may use the Website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any content from the Website except under the following conditions:
Your device may temporarily store Website content in RAM for browsing purposes.
Your browser may automatically cache files to improve loading speed.
You may print or download a reasonable portion of the Website for personal, non-commercial use only.
If we provide downloadable applications, you may download one copy for personal use, subject to the terms of the applicable end-user license agreement.
You may not:
Modify any Website content.
Use images, videos, or graphics separately from their accompanying text.
Remove or alter copyright, trademark, or other proprietary notices.
Use any part of the Website for commercial purposes without prior written permission from Petite Palates.
If you violate these Terms of Use, your right to access the Website will be revoked immediately, and you may be required to return or destroy any copied materials. No ownership rights are transferred to you through the use of the Website, and all rights not expressly granted remain with Petite Palates.
Trademarks
The Petite Palates name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Petite Palates or its licensors. You may not use these marks without our prior written consent. Any other trademarks appearing on the Website belong to their respective owners.
For inquiries regarding the use of Website content beyond what is permitted in these Terms of Use, please contact us at info@petitepalates.com.
Prohibited Uses
You may use the Website only for lawful purposes and in compliance with these Terms of Use. You agree not to use the Website:
In violation of any applicable federal, state, local, or international laws or regulations, including but not limited to those governing data or software export.
To exploit, harm, or attempt to exploit or harm minors, including exposing them to inappropriate content or soliciting personally identifiable information.
To upload, download, transmit, or reuse any material that does not comply with the Content Standards outlined in these Terms of Use.
To send unauthorized advertising or promotional materials, such as spam, junk mail, or chain letters.
To impersonate Petite Palates, its employees, other users, or any other person or entity, including through misleading email addresses or usernames.
To engage in any activity that restricts or inhibits others from using the Website or that may harm Petite Palates or its users, as determined by us.
Additionally, you agree not to:
Use the Website in a way that could disable, overburden, or damage it, or interfere with others’ ability to engage in real-time interactions.
Use automated tools, such as bots or scrapers, to access or monitor Website content.
Manually copy or monitor Website content without prior written authorization.
Introduce viruses, malware, or any harmful technology that could disrupt Website functionality.
Attempt unauthorized access to the Website, its servers, or any connected databases.
Engage in attacks, such as denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks.
Otherwise interfere with the Website’s proper functioning.
Linking to the Website and Social Media Features
You may link to our Website as long as you do so in a way that is fair, lawful, and does not harm our reputation or misrepresent any affiliation, endorsement, or approval by Petite Palates.
The Website may include social media features that allow you to:
Link to specific Website content from your site or third-party platforms.
Share content via email or other communication methods.
Display limited Website content on your own or third-party websites.
You may only use these features as provided and must not:
Link from websites you do not own.
Frame or mirror the Website’s content elsewhere.
Use Website materials in a manner inconsistent with these Terms of Use.
The site from which you link must comply with the Content Standards. We reserve the right to withdraw linking permissions at any time without notice and to disable any social media features as needed.
User Contributions
The Website may provide interactive features, such as message boards and profiles, where users can post content (“User Contributions”). All contributions must comply with our Content Standards.
By submitting content, you grant Petite Palates and its affiliates a perpetual, irrevocable right to use, modify, distribute, and share your contributions for any purpose. You represent and warrant that:
You own or have the right to grant usage of your content.
Your contributions comply with these Terms of Use.
You are solely responsible for any content you post. Petite Palates assumes no liability for content posted by users.
Monitoring and Enforcement
We reserve the right to:
Remove or refuse any User Contributions at our discretion.
Take action against contributions that violate these Terms, infringe on rights, or pose risks to users.
Disclose user information in response to legal claims, intellectual property disputes, or privacy concerns.
Pursue legal action or cooperate with law enforcement regarding unlawful Website use.
Suspend or terminate Website access for violations of these Terms.
By using the Website, you waive any claims against Petite Palates and its affiliates for actions taken in response to investigations by law enforcement or regulatory authorities. While we strive to monitor content, we do not guarantee the immediate removal of objectionable material and assume no liability for user-generated content.
Content Standards
These content standards apply to all user contributions and interactions within our services. All user contributions must fully comply with applicable federal, state, local, and international laws and regulations. Specifically, user contributions must not:
Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit content, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
Infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights of any party.
Violate privacy, publicity, or other legal rights of individuals, or contain material that could result in civil or criminal liability under relevant laws or regulations.
Be misleading or deceptive.
Encourage or promote illegal activities or behavior.
Cause unnecessary inconvenience, distress, or alarm to others.
Impersonate any person or misrepresent your identity or affiliation with an entity.
Include unauthorized commercial activities, such as contests, sweepstakes, promotions, or advertisements.
Falsely imply endorsement or approval by Petite Palates or any other individual or entity.
Copyright Policy
Petite Palates respects intellectual property rights and requires users to do the same. We have policies in place to remove infringing content and may suspend or terminate users who repeatedly violate copyright laws.
If you believe your copyrighted work has been unlawfully used on our platform, you must submit a written notice (per 17 U.S.C. § 512(c)) with the following details:
- Your physical or electronic signature.
- Identification of the copyrighted work being infringed.
- Identification of the infringing material and a request for its removal.
- Sufficient information for us to locate the infringing content.
- Your contact details (address, phone number, and email).
- A statement affirming your good-faith belief that the use of the material is unauthorized.
- A declaration that the information provided is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.
Be aware that under 17 U.S.C. § 512(f), knowingly misrepresenting infringement claims may result in liability for damages, including legal fees.
For copyright concerns, please contact:
Petite Palates Customer Service Department
144 E31, Brooklyn, NY 11226 | Email: info@petitepalates.com
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We provide all information to you for your convenience and, by your access to the Website, at your request. We do not provide medical advice. We are not a medical organization and cannot give medical advice or provide diagnoses. Our website is for consumer purposes only. Nothing on our website is or should be considered medical advice, diagnosis, or treatment. If you are seeking medical advice or have questions regarding health or medical conditions, we encourage you to seek the advice of a physician or other healthcare professional.
We do not warrant the accuracy, completeness, or usefulness of the information presented on or through the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Petite Palates, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Petite Palates. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our Website or other transactions for the sale of goods formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in North Carolina, NC, in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
Petite Palates makes no representations or warranties with respect to the Website that extend beyond the description thereof. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED "AS IS." WITHOUT LIMITING THE FOREGOING, PETITE PALATES DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THIS DISCLAIMER OF WARRANTIES DOES NOT APPLY IN NEW JERSEY.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PETITE PALATES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES.
Some states, including New Jersey, do not allow the exclusion or limitation of liability, and some of the above limitations may not apply in those states.
Indemnification
You agree to defend, indemnify, and hold harmless Petite Palates, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law
All matters related to the Website and these Terms of Use, as well as any dispute or claim arising from or connected to them (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the internal laws of the State of North Carolina, without regard to any choice or conflict of law provisions or rules (whether of North Carolina or any other jurisdiction).
Arbitration
YOU AND PETITE PALATES AGREE TO WAIVE ANY RIGHTS TO LITIGATE CLAIMS IN COURT OR BEFORE A JURY, AS WELL AS THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. OTHER LEGAL RIGHTS THAT WOULD BE AVAILABLE IN COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND PETITE PALATES ARISING FROM OR RELATING TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules (“AAA Rules”) in effect at the time, except as modified by this section. (AAA Rules are available at www.adr.org or by calling 1-800-778-7879.) The Federal Arbitration Act governs the interpretation and enforcement of this section.
The arbitrator shall have the exclusive authority to decide any issues regarding the arbitrability or enforceability of this arbitration provision, including any claims that the arbitration provision or these Terms of Use are void, voidable, or otherwise invalid. The arbitrator may award the same remedies as would be available in court. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that entitles you to attorney’s fees, the arbitrator may award reasonable fees under applicable law.
You agree to arbitrate on an individual basis. NEITHER YOU NOR PETITE PALATES MAY CONSOLIDATE CLAIMS OR PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. The arbitrator lacks the authority to hear consolidated or class arbitration claims. Any challenge to this class arbitration waiver must be brought in a court of competent jurisdiction.
If any part of this arbitration agreement is found to be unenforceable, the remaining arbitration provisions shall continue in effect.
Limitation on Time to File Claims
ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER IT ARISES, OR IT WILL BE PERMANENTLY BARRED.
Waiver and Severability
No waiver by Petite Palates of any term or condition in these Terms of Use shall be deemed a continuing waiver or a waiver of any other term or condition. A failure by Petite Palates to enforce a provision shall not constitute a waiver of that right.
If any provision of these Terms of Use is found invalid, illegal, or unenforceable by a court or tribunal, it shall be eliminated or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms of Use, along with our Privacy Policy and Terms of Sale, constitute the entire agreement between you and Petite Palates regarding the Website. They supersede all prior or contemporaneous agreements, understandings, representations, and warranties, both written and oral.
Sweepstakes Terms
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES ARE ONLY OFFERED IN CERTAIN STATES WITHIN THE UNITED STATES. MANY WILL ENTER, ONLY ONE WILL WIN. VOID WHERE PROHIBITED.
OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY.
Your Comments and Concerns
This Website is operated by Petite Palates.
For copyright infringement claims, please refer to our Copyright Policy.
For feedback, technical support, or other inquiries, please contact us at: info@petitepalates.com.
Petite Palates Messaging Terms & Conditions
By signing up, you agree to receive recurring automated promotional, transactional, and personalized marketing text messages (e.g., order updates, cart reminders) from Petite Palates at the phone number you provide. Messages may be sent via an automatic telephone dialing system. Consent is not required for any purchase. Message and data rates may apply.
Message frequency varies. Petite Palates may alter the frequency of messages at any time. We may also change the phone number or short code from which messages are sent.
Not all mobile devices or carriers are supported, and message delivery is not guaranteed. Petite Palates, its service providers, and supported mobile carriers are not liable for delayed or undelivered messages.
By signing up, you also agree to the Petite Palates Terms of Use and Privacy Policy.
Cancellation
To cancel, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. You will receive a confirmation message upon successful unsubscribe. Requests that do not use the specified keywords may not be recognized.
Help
email info@petitepalates.com.
Customer Care
If you experience issues, contact us at info@petitepalates.com.
Contact
This messaging program is operated by Petite Palates.
Dispute Resolution
Any dispute regarding these Messaging Terms or your receipt of text messages from Petite Palates will be resolved through binding arbitration. By agreeing, YOU WAIVE THE RIGHT TO A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION. Arbitration is governed by the Federal Arbitration Act.
Exceptions:
This arbitration agreement does not preclude you from:
(i) filing an individual claim in small claims court,
(ii) pursuing enforcement action through a relevant agency,
(iii) seeking injunctive relief in court, or
(iv) filing claims regarding intellectual property rights.
Arbitration Process:
If you wish to initiate arbitration, you must send a written notice to:
Petite Palates, Attn: Chief Executive Officer.
The notice must describe the claim and relief sought. If a resolution is not reached within 30 days, arbitration may proceed. The arbitrator's decision will be binding, confidential, and enforceable by a court.
No Class Actions
YOU AND PETITE PALATES MAY ONLY BRING CLAIMS INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Changes to Arbitration Terms
If Petite Palates makes any future changes to this arbitration provision (except changes to the notice address), you may reject them by sending written notice within 30 days. In that case, the previous arbitration terms will apply.
If any part of these arbitration terms is deemed unenforceable, the remainder will still apply.