Profile - Fork Station

TERMS OF USE

Last Updated: March 14, 2025

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("User" or "you"), and ForkStation, Inc., including its subsidiaries and affiliates (collectively, “ForkStation,” “we,” “us,” or “our”), concerning your access to and use of the ForkStation Platform, The Platform includes our websites (including related subdomains), mobile and tablet applications, smart device applications, application programming interfaces (APIs), in-store kiosks, and other online services, tools, technologies, and programs (collectively, the “Platform”).

The ForkStation Platform enables restaurants ("Restaurants") to market and offer for sale meals for delivery and/or pickup, and allows customers to search for and purchase such meals ("Services"). The ForkStation Services are hosted in the United States and may be subject to certain geographical restrictions.

All Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the ForkStation Platform. If you are a minor, your parent or guardian must read and agree to this Agreement on your behalf prior to your use of the Platform. Persons under the age of 13 are not permitted to register for the ForkStation Platform or use the ForkStation Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE PLATFORM. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO ANY MODIFICATIONS THAT FORKSTATION MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS, OR CONTINUE TO USE OR ACCESS, THE FORKSTATION SERVICES OR THE PLATFORM.

1. OUR PURPOSE

ForkStation has created the Platform to serve as a marketplace facilitating food ordering and delivery services. ForkStation acts as an intermediary, providing buyers with the ability to search for and connect with local restaurants ("Restaurants") that offer food for delivery or pickup. ForkStation itself does not sell, produce, or control the production of any food prepared by the Restaurants.

While ForkStation requires Restaurants to comply with all applicable federal, state, and local laws, regulations, and standards related to food preparation, sale, marketing, and safety, Users should be aware that ForkStation does not independently verify the credentials, representations, ingredients, or compliance of Restaurants with these laws.

Users are encouraged to evaluate the quality, reliability, and legal compliance of the Restaurants through information provided on the Platform or directly from the Restaurants. ForkStation does not guarantee the quality of any food or that it complies with applicable laws. For example, while a Restaurant may claim that its food is prepared according to specific standards such as "organic," "kosher," "macrobiotic," or allergen-specific standards like "nut-free," "gluten-free," or "lactose-free," ForkStation does not independently investigate or verify these claims.

ForkStation is not liable or responsible for any food or services provided by Restaurants that may be unhealthy, cause injury, be otherwise unacceptable to Users, or fail to meet Users' expectations in any way. Users are solely responsible for verifying the accuracy of delivery addresses, and ForkStation assumes no liability for erroneous addresses provided by Users.

Users are encouraged to direct any complaints concerning Restaurants or their services to ForkStation through the contact information provided on the Website.

2. ALCOHOLIC BEVERAGES POLICY

ForkStation, in partnership with Restaurants, may facilitate the sale and delivery of alcoholic beverages where permitted by law. Restaurants are solely responsible for ensuring that all sales and deliveries of alcoholic beverages comply with applicable federal, state, and local laws and regulations. This includes, but is not limited to, verifying that the buyer is of legal drinking age and ensuring that any required licenses or permits are in place.

By placing an order for alcoholic beverages through the ForkStation Platform, you represent and warrant that you are of legal drinking age in your jurisdiction. ForkStation, the Restaurant, or the delivery personnel may require you to present valid government-issued identification to verify your age at the time of delivery or pickup. If you are unable to provide such identification, or if there is any doubt about your age, the alcoholic beverages will not be delivered, and you may still be charged for the order.

Alcoholic beverages may only be delivered to a location where the recipient is present and of legal drinking age. Alcoholic beverages will not be left unattended at the delivery location. Delivery personnel have the right to refuse delivery of alcoholic beverages if the recipient appears intoxicated, fails to provide valid identification, or is under the legal drinking age.

ForkStation does not independently verify the compliance of Restaurants with applicable laws regarding the sale and delivery of alcoholic beverages. By using the ForkStation Platform, you acknowledge that ForkStation is not liable for any damages or penalties arising from the improper sale or delivery of alcoholic beverages by Restaurants.

You agree to consume alcoholic beverages responsibly and in accordance with applicable laws. ForkStation is not liable for any harm, damages, or legal actions resulting from the misuse or illegal consumption of alcoholic beverages purchased through the Platform.

ForkStation reserves the right to modify this Alcoholic Beverages Policy at any time without prior notice. It is your responsibility to review the Terms of Use periodically to ensure compliance. ForkStation may take any necessary action to enforce this policy, including terminating your access to the Platform for violations.

3. ORDERING AND PAYMENT

All ordering is performed online through the platform. Buyers are usually billed directly by ForkStation for their orders, and "ForkStation" will be the name that appears on your payment records, but ForkStation shall not in any manner be considered the seller of the food.

When you place an order through the ForkStation Platform, you are making an offer to purchase food or beverages from the selected restaurant ("Restaurant"). Your order is not confirmed until the Restaurant accepts it, which will be communicated to you via the Platform. ForkStation acts solely as an intermediary between you and the Restaurant and does not assume any responsibility for the Restaurant’s acceptance or fulfillment of your order.

All payments for orders placed through the ForkStation Platform must be made at the time of ordering. The Platform supports various payment methods, including credit cards, debit cards, and other payment gateways as may be available from time to time. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize ForkStation to charge your order to that payment method. Payment processing is handled by third-party payment processors, and ForkStation does not retain or store your payment information.

The prices for menu items displayed on the ForkStation Platform are determined by the Restaurants and may vary depending on the location, availability, and other factors. ForkStation does not guarantee that the prices displayed on the Platform will match the prices offered by the Restaurants directly or through other services. Restaurants may charge additional fees, such as delivery fees, which will be disclosed to you at checkout.

Applicable sales taxes, service fees, and other charges may be added to your order total based on your location and the nature of the items ordered. These charges will be displayed at checkout before you complete your order. You are responsible for paying all such taxes and fees associated with your order.

Once an order is placed and accepted by the Restaurant, it cannot be modified or canceled through the Platform. If you wish to make changes or cancel an order, you must contact the Restaurant directly. Please note that the Restaurant may not be able to accommodate your request, and any modifications or cancellations are subject to the Restaurant’s policies.

If you believe that there has been an unauthorized or fraudulent transaction made through your account, you must notify ForkStation immediately. ForkStation will work with its payment processing partners to investigate and, if appropriate, address the issue. However, ForkStation is not responsible for any losses incurred due to unauthorized transactions unless such transactions result from a security breach on ForkStation's Platform.

4. REFUND POLICY

At ForkStation, customer satisfaction is a top priority. If you encounter any issues with your food order such as incorrect or missing items, or quality concerns, reach out to the Restaurant directly. If you are unable to resolve the issue with the Restaurant, please contact ForkStation for assistance.

If you were billed directly by ForkStation and experience issues such as not receiving your order or receiving an incorrect order, ForkStation may issue a refund. Refunds may be full or partial depending on the situation, full refund if the entire order is missing or incorrect or partial refund if only part of the order is missing or incorrect. All refund requests are evaluated on a case-by-case basis at ForkStation's sole discretion.

To request a refund from ForkStation, please contact our customer service team with your order details and a description of the issue. We will review your request and determine the appropriate resolution. ForkStation is only responsible for refunds for orders billed directly by us. We cannot issue refunds for transactions processed by Restaurants.

5. USER REPRESENTATIONS

I. General

By using the ForkStation Services, you represent and warrant that:

All registration information you provide is accurate, complete, and up-to-date. You will maintain the accuracy of such information.
You will keep your account credentials, including your password, confidential. You are responsible for all activities that occur under your account.
You are not a minor in your jurisdiction, or if you are a minor, you have obtained parental or guardian consent to use the Platform.
Your use of the ForkStation Services complies with all applicable laws and regulations

II. Content you provide

You are solely responsible for the content you post, submit, or make available on the interactive portions of the Platform ("Contribution"). When you create or make available a Contribution, you represent and warrant that:

Your Contribution does not infringe the intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights, of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize ForkStation and its users to use your Contribution as necessary to exercise the licenses granted by you under these Terms.
Your Contribution does not contain any viruses, worms, Trojan horses, malicious code, or other harmful or destructive content.
Your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable (as determined by ForkStation), and does not: Advocate violence or illegal activities. Incite, encourage, or threaten immediate physical harm against another person. Violate any applicable law, regulation, or rule. Violate the privacy or publicity rights of any third party.
Your Contribution does not contain or promote spyware, malware, or other computer code designed to gather information about or monitor the activities of others.
Your Contribution does not flood the Platform with excessive or irrelevant communications or traffic.
Your Contribution does not violate, or link to material that violates, any provision of these Terms or any applicable laws or regulations.
Your Contribution does not include excessively large files or content, as determined by ForkStation in its sole discretion.

III. Contribution license

By posting Contributions to any part of the ForkStation Platform, you automatically grant, and represent and warrant that you have the right to grant, to ForkStation a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute your Contributions for any purpose, including but not limited to commercial, advertising, or promotional purposes, on or in connection with the Platform or its promotion. Prepare derivative works of, or incorporate your Contributions into other works. Grant and authorize sublicenses of the foregoing rights.

ForkStation reserves the right, at its sole discretion, to edit, redact, or otherwise modify any Contributions. Re-categorize Contributions to more appropriate locations within the Platform. Pre-screen, remove, or delete any Contributions deemed inappropriate or in violation of these Terms.

You represent and warrant that you own or control all rights in and to your Contributions, or have obtained all necessary permissions and licenses to grant the above rights. The posting and use of your Contributions on the Platform do not violate any laws or the rights of any third party. By submitting Contributions, you acknowledge that ForkStation is not obligated to use, display, or keep your Contributions and that you have no expectation of compensation for any use of your Contributions.

IV. Guidelines for ratings and reviews

ForkStation values user feedback and strives to ensure that ratings and reviews on the Platform are helpful and constructive. However, ForkStation retains the sole discretion to accept, reject, or remove restaurant ratings and reviews at any time. ForkStation is not obligated to screen or delete reviews, even if they are considered objectionable or inaccurate by some users.

To maintain the integrity and usefulness of ratings and reviews, users posting ratings and reviews should be based on the reviewer’s firsthand experience with the restaurant being reviewed. Reviews based on hearsay or third-party experiences are not permitted.

Reviews must not contain offensive language, profanity, or abusive, racist, or hate speech. Discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability. References to illegal activities or conduct.

Reviewers must not be affiliated with competitors or have any personal or financial interest that may bias their review, particularly when posting negative feedback. Reviews should not make or imply conclusions regarding the legality of the establishment’s conduct or operations.

Reviews posted on the Platform are not endorsed by ForkStation and do not reflect the views or opinions of ForkStation, its subsidiaries, or any affiliate or partner of ForkStation. ForkStation does not assume any responsibility or liability for the content of reviews, or for any claims, liabilities, or losses resulting from any review. Users post reviews at their own risk. ForkStation reserves the right to remove or modify any review that, in its sole discretion, violates these guidelines or is otherwise deemed inappropriate. Users who repeatedly violate these guidelines may face suspension or termination of their accounts.

V. Submissions

By providing ForkStation with any questions, comments, suggestions, ideas, feedback, or other information related to the Platform or ForkStation Services (collectively, "Submissions"), you acknowledge and agree to all Submissions are considered non-confidential. ForkStation is under no obligation to treat Submissions as confidential or proprietary.

You grant ForkStation, its affiliates, and any designees of ForkStation a perpetual, irrevocable, royalty-free, worldwide license to use, copy, modify, distribute, display, perform, and otherwise exploit your Submissions in any manner and for any purpose, including commercial purposes, without any obligation to provide acknowledgment or compensation to you.

ForkStation is not obligated to use, review, or respond to any Submissions and may, in its sole discretion, choose to use, incorporate, or disregard any Submissions. By submitting your Submissions, you warrant that you have all necessary rights to grant the above license. Your Submissions do not infringe on the intellectual property or other rights of any third party. Your Submissions are not subject to any confidentiality agreements or restrictions that would conflict with this agreement. You acknowledge that you will not receive any form of compensation or acknowledgment for the use of your Submissions.

VI. Prohibited activities

You may not access or use the Platform for any purpose other than that for which ForkStation makes it available. The Platform is intended solely for personal use and may not be used in connection with any commercial endeavors except those specifically endorsed or approved by ForkStation. The following activities are strictly prohibited:

Engaging in criminal or tortious activities, including but not limited to child exploitation, pornography, fraud, trafficking in illegal or obscene materials, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets.
Advertising to or soliciting any user to buy or sell products or services unless expressly authorized by ForkStation.
Systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without the prior written permission of ForkStation.
Collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or engaging in any unauthorized use of the ForkStation Services.
Engaging in unauthorized framing of or linking to the Platform.
Transmitting chain letters, junk emails, or other unsolicited communications to other users.
Using any information obtained from the Platform to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
Engaging in unauthorized automated use of the system, including but not limited to, using scripts to add friends, send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform.
Attempting to impersonate another user or person, or using the username of another user.
Selling or otherwise transferring your profile without ForkStation’s explicit permission.
Using the Platform or information obtained from it to harass, abuse, or harm another person, or engaging in behavior intended to harass, annoy, intimidate, or threaten any ForkStation employee or agent.
Using the ForkStation Service as part of any effort to compete with ForkStation or to provide services as a service bureau.
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Platform.
Attempting to bypass any measures of the Platform designed to prevent or restrict access to the Platform or any portion thereof.
Displaying advertisements or accepting payment or anything of value from a third party in exchange for performing any commercial activity on or through the Platform on behalf of that person, such as posting blogs or bulletins with a commercial purpose.
Deleting the copyright or other proprietary rights notice from any content or materials available on the Platform without proper authorization.
Using the Platform in a manner inconsistent with any and all applicable laws and regulations.

6. INTELLECTUAL PROPERTY RIGHTS

The content available on the Platform ("ForkStation Content") and the trademarks, service marks, and logos contained therein ("Marks") are owned by or licensed to ForkStation and are protected by copyright, trademark, and other intellectual property rights under United States and international laws and conventions.

ForkStation Content includes, without limitation, all source code, databases, functionality, software, website designs, mobile app designs, audio, video, text, photographs, and graphics. All ForkStation graphics, logos, designs, page headers, button icons, scripts, and service names are either registered trademarks, common law trademarks, or trade dress of ForkStation in the United States and/or other countries.

ForkStation’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service that is likely to cause confusion. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of ForkStation.

ForkStation Content on the Platform is provided to you "AS IS" for your information and personal use only. It may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners.

The systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from ForkStation is strictly prohibited. Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and ForkStation Content and to download or print a copy of any portion of the ForkStation Content to which you have properly gained access, solely for your personal, non-commercial use.

ForkStation reserves all rights not expressly granted to you in and to the Platform, ForkStation Content, and Marks. If you download or print a copy of the ForkStation Content for personal use, you must retain all copyright and other proprietary notices contained therein.

You agree not to circumvent, disable, or otherwise interfere with security-related features of the Platform or features that prevent or restrict use or copying of any ForkStation Content or enforce limitations on the use of the Platform or the ForkStation Content therein.

7. THIRD PARTY WEBSITES AND CONTENT

The Platform may contain (or you may be sent through the Platform or the ForkStation Service) links to other websites ("Third Party Websites") and content, including but not limited to articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other items belonging to or originating from third parties (the "Third Party Content"). These Third Party Websites and Third Party Content are not investigated, monitored, or checked by us for accuracy, appropriateness, completeness, or compliance with applicable laws, and we are not responsible for any Third Party Websites accessed through the Platform or any Third Party Content posted on, available through, or installed from the Platform. This includes but is not limited to, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or Third Party Content.

The inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval, endorsement, or affiliation with ForkStation. If you choose to leave the Platform and access the Third Party Websites or use or install any Third Party Content, you do so at your own risk, and our terms and policies no longer govern such actions. We strongly recommend that you review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform.

Any transactions or purchases you make through Third Party Websites will be conducted through other websites and companies, and ForkStation bears no responsibility or liability in relation to such transactions, which are exclusively between you and the applicable third party.

8. SITE MANAGEMENT

ForkStation reserves the right, but does not have the obligation, to:

Monitor the Platform for violations of this Agreement and ensure compliance with applicable laws and regulations.
Take appropriate legal action against anyone who, in ForkStation's sole discretion, violates this Agreement, including without limitation, reporting such users to law enforcement authorities.
Refuse, restrict access to, or disable (to the extent technologically feasible) any user's content, account, or other contributions that may violate this Agreement or any ForkStation policy, at ForkStation's sole discretion and without prior notice or liability.
Remove or disable any files, content, or user accounts that are deemed excessive in size, burdensome to ForkStation's systems, or otherwise detrimental to the operation or security of the Platform.
Terminate the accounts of repeat infringers who violate intellectual property rights or other significant provisions of this Agreement.
Manage the Platform in a manner designed to protect the rights, property, and safety of ForkStation, its users, and others, and to ensure the proper functioning and integrity of the Platform.

9. PRIVACY POLICY

We care about the privacy of our users. Please review the ForkStation Privacy Policy (available at https://www.forkstation.com/privacy-policy ). By using the Platform or the ForkStation Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Platform or the ForkStation Services, you are consenting to the terms of Privacy Policy.

10. REWARDS PROGRAM

ForkStation may, from time to time, offer a rewards program ("Rewards Program") to users of the Platform. The Rewards Program is subject to the terms and conditions outlined herein, as well as any additional terms provided in connection with the specific promotion or program. By participating in the Rewards Program, you agree to the Rewards Program is open to all users who have registered accounts on the ForkStation Platform and are in good standing. ForkStation reserves the right to determine eligibility for the Rewards Program. Rewards points, credits, or other incentives ("Rewards") may be earned through eligible purchases, participation in promotions, or other activities as specified by ForkStation. The methods for earning Rewards, and the amount of Rewards earned, will be communicated through the Platform or via other channels. Rewards may be redeemed for discounts, offers, or other benefits on the Platform as specified by ForkStation. Rewards are non-transferable, have no cash value, and may only be used in accordance with the terms set by ForkStation.

ForkStation reserves the right to establish expiration dates for Rewards. Any unused Rewards will expire on the date set by ForkStation. Additionally, Rewards may be forfeited if your account is terminated, if there is evidence of fraudulent activity, or if ForkStation otherwise deems it necessary to protect the integrity of the Rewards Program. ForkStation reserves the right to modify, suspend, or terminate the Rewards Program at any time, for any reason, without prior notice. Any changes to the Rewards Program will be effective immediately upon posting on the Platform, and continued participation in the Rewards Program constitutes acceptance of those changes.

Any disputes or errors regarding the calculation or use of Rewards must be reported to ForkStation within 30 days of the transaction. ForkStation reserves the right to correct any errors in the calculation or application of Rewards. The Rewards Program is void where prohibited by law. Participation in the Rewards Program is subject to all applicable laws and regulations. By participating in the Rewards Program, you agree to these terms and conditions. ForkStation's decision on all matters relating to the Rewards Program shall be final and binding.

11. REFERRAL PROGRAM

ForkStation may offer a referral program ("Referral Program") that allows registered users ("Referrers") to earn rewards by referring new users to the Platform. By participating in the Referral Program, you agree to the Referral Program is open to all registered users of the ForkStation Platform who are in good standing. ForkStation reserves the right to determine eligibility for participation.

Referrers will receive a unique referral link or code that can be shared with friends, family, or other potential new users ("Referred Users"). To qualify for rewards, the Referred User must sign up using the Referrer's unique link or code and complete a qualifying action, such as making a purchase or placing an order through the Platform. The specific rewards offered for successful referrals will be communicated through the Platform or via other channels. Rewards may take the form of credits, discounts, or other incentives. The value and type of reward may vary based on the promotion or program in effect at the time of the referral.

ForkStation may place limits on the number of referrals that can be made by a single user or the amount of rewards that can be earned. Additionally, ForkStation reserves the right to void referrals or withhold rewards if it suspects fraudulent or abusive activity, such as creating multiple accounts or using deceptive tactics to generate referrals. Rewards earned through the Referral Program are non-transferable, have no cash value, and may only be used in accordance with the terms set by ForkStation. Rewards may only be redeemed on the Platform as specified.

ForkStation reserves the right to modify, suspend, or terminate the Referral Program at any time, for any reason, without prior notice. Any changes to the Referral Program will be effective immediately upon posting on the Platform, and continued participation in the Referral Program constitutes acceptance of those changes. The Referral Program is void where prohibited by law. Participation in the Referral Program is subject to all applicable laws and regulations. Referrers are responsible for ensuring that their participation complies with any applicable rules, including disclosure requirements regarding the receipt of rewards. Any disputes or errors regarding the calculation or issuance of referral rewards must be reported to ForkStation within 30 days of the transaction. ForkStation reserves the right to correct any errors and to suspend or terminate the accounts of users involved in fraudulent activity. By participating in the Referral Program, you agree to these terms and conditions. ForkStation's decisions on all matters related to the Referral Program, including the determination of eligible referrals and rewards, shall be final and binding.

12. GIFT CARDS

ForkStation offers gift cards that can be purchased and redeemed through the Platform ("Gift Cards"). By purchasing, redeeming, or using a Gift Card, you agree to the Gift Cards are available for purchase through the Platform in various denominations. All sales of Gift Cards are final, and Gift Cards are non-refundable and non-transferable, except as required by law.

Gift Cards may be redeemed only on the ForkStation Platform for eligible purchases. To redeem a Gift Card, the user must enter the unique code associated with the Gift Card at checkout. The Gift Card balance will be applied to the total order amount, including any applicable taxes and fees. If the order total exceeds the Gift Card balance, the remaining amount must be paid using another payment method accepted by ForkStation.

Gift Cards cannot be redeemed for cash, except as required by law. They cannot be used to purchase other Gift Cards. Gift Cards do not expire, and no fees are associated with their purchase or use. Users may check the balance of their Gift Cards through their account on the Platform or by contacting ForkStation customer service. The risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission of the Gift Card to the recipient or delivery to the purchaser. ForkStation is not responsible for lost, stolen, or unauthorized use of Gift Cards.

ForkStation reserves the right to refuse, cancel, or hold for review any Gift Card order or Gift Card that is suspected of fraud or unauthorized use. Additionally, ForkStation may close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Card is redeemed or used on the Platform. The purchase, use, and redemption of Gift Cards are subject to all applicable federal, state, and local laws and regulations. Any Gift Card that is found to be in violation of these laws may be subject to suspension or forfeiture.

ForkStation reserves the right to modify the terms and conditions governing Gift Cards at any time and for any reason, without prior notice. Such modifications will be effective immediately upon posting on the Platform. Continued use or redemption of Gift Cards constitutes acceptance of the modified terms.

For any questions or issues related to Gift Cards, including balance inquiries or reporting lost or stolen Gift Cards, please contact ForkStation customer service as indicated on the Platform. By purchasing or using a Gift Card, you agree to these terms and conditions. ForkStation reserves all rights to enforce these terms in its sole discretion.

13. ADDITIONAL TERMS

Your use of the ForkStation Platform and Services is subject to certain additional terms and conditions that may apply to specific services, features, or content available on or through the Platform ("Additional Terms"). These Additional Terms include, without limitation, the Google Maps/Google Earth Additional Terms of Service, which are available at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy, which is available at https://www.google.com/intl/ALL/policies/privacy/index.html both of which are incorporated into this Agreement by reference.

All Additional Terms, including those referenced above and any others that may be presented to you when you use or interact with certain features on the Platform, are hereby incorporated into this Agreement by reference. By using the Platform, you agree to comply with these Additional Terms in addition to the main terms outlined in this Agreement. In the event of a conflict between the terms of this Agreement and the Additional Terms, the Additional Terms will govern with respect to the specific service, feature, or content to which they apply.

ForkStation reserves the right to update or modify any Additional Terms at any time. Such modifications will be effective immediately upon posting on the Platform or within the applicable service. Your continued use of the Platform or relevant services after any such changes constitutes your acceptance of the revised Additional Terms.

Certain features, tools, or services available on the ForkStation Platform may be subject to additional agreements, policies, or guidelines, which will be presented to you at the time of use. By engaging with these features or services, you agree to comply with the relevant terms.

Please ensure that you review all applicable Additional Terms before using any specific features or services on the Platform. Your compliance with these terms is essential to your continued use of the ForkStation Platform and its associated services.

14. LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORKSTATION, ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR FORKSTATION SERVICES, EVEN IF FORKSTATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FORKSTATION'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FORKSTATION FOR FORKSTATION SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FORKSTATION'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FORKSTATION, ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS, AND EMPLOYEES FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR FORKSTATION SERVICES, INCLUDING BUT NOT LIMITED TO: (I) YOUR CONTRIBUTIONS; (II) YOUR VIOLATION OF THIS AGREEMENT; (III) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER; OR (IV) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE, OR REGULATION.

NOTWITHSTANDING THE FOREGOING, FORKSTATION RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY FORKSTATION, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH FORKSTATION'S DEFENSE OF SUCH CLAIMS. FORKSTATION WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.

15. COMMUNICATIONS & TEXT MESSAGES

By using the ForkStation platform, you agree to receive communications from us through various channels, including but not limited to email, SMS, push notifications, and in-app messages. These communications may include updates about your account, transactional information, promotional content, and other relevant information pertaining to the services we provide.

When you provide your phone number and opt-in to receive text messages, you consent to receive automated text messages (SMS) from ForkStation related to your account, orders, promotions, and other relevant information. Message frequency may vary based on your activity and preferences. Message and data rates may apply.

You may opt out of receiving promotional text messages at any time by following the instructions provided in the message or by contacting our customer service. However, you may still receive essential communications regarding your account or services even if you opt out of promotional messages.

It is your responsibility to ensure that your contact information, including phone numbers and email addresses, is accurate and up-to-date. ForkStation is not liable for any communication errors or failures resulting from incorrect or outdated contact information.

ForkStation strives to ensure that all communications are clear, accurate, and relevant. However, we are not responsible for any errors or inaccuracies in the content of our communications. Any reliance you place on the information provided through our communications is at your own risk.

We may use third-party service providers to facilitate communications. By using our platform, you acknowledge that such third-party providers may have access to your contact information and message content for the purpose of delivering communications.

If you have any questions or concerns about our communications practices or need assistance with managing your communication preferences, please contact us at customerservice@forkstation.com or through the contact options available on our platform.

16. ADDITIONAL TERMS FOR MOBILE APPLICATIONS

These Additional Terms apply to your use of ForkStation's mobile applications (collectively, "Mobile Applications") that are available for download and use on mobile devices for personal, non-commercial use. By using our Mobile Applications, you agree to abide by these terms in addition to our general Terms of Use.

This license does not include the right to sublicense, distribute, or modify the Mobile Applications or its content. You agree to use the Mobile Applications in accordance with these Terms of Use and applicable laws. You may not, and you agree not to, use the Mobile Applications for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Mobile Applications or interfere with any other party’s use of the Mobile Applications.

ForkStation may from time to time provide updates, patches, or new versions of the Mobile Applications. Such updates may be required for the continued use of the Mobile Applications and may include bug fixes, enhancements, or new features. You agree to install these updates promptly. ForkStation is not obligated to provide updates or support for previous versions of the Mobile Applications. You may not copy, modify, or create derivative works based on the Mobile Applications. Decompile, disassemble, reverse engineer, or otherwise attempt to extract the source code of the Mobile Applications. Use the Mobile Applications for any commercial purpose or in any manner that could harm or exploit others. Your use of the Mobile Applications may involve the collection of personal data and information. By using the Mobile Applications, you agree to our Privacy Policy

(available at https://www.forkstation.com/privacy-policy ), which describes how we collect, use, and protect your information.

If you download the ForkStation Mobile Application from the Apple App Store ("Apple-Sourced Software"), you acknowledge that these Terms of Use are between you and ForkStation, not Apple Inc. ("Apple"). Apple is not responsible for the Mobile Application or its content. Apple grants you a limited, non-exclusive, non-transferable license to use the Apple-Sourced Software on an Apple-branded device that you own or control, and as permitted by the App Store Terms of Service. Apple has no obligation to provide any support or maintenance for the Apple-Sourced Software. Any claims or issues related to the Apple-Sourced Software are solely the responsibility of ForkStation. You acknowledge that Apple is not responsible for reviewing or approving the Apple-Sourced Software or its content. Apple has no liability for any claims related to the Apple-Sourced Software, including but not limited to product liability, legal claims, or any infringement of third-party rights.

If you download the ForkStation Mobile Application from the Google Play Store ("Google-Sourced Software"), you acknowledge that these Terms of Use are between you and ForkStation, not Google Inc. ("Google"). Google is not responsible for the Mobile Application or its content. Google grants you a limited, non-exclusive, non-transferable license to use the Google-Sourced Software on an Android device that you own or control, and as permitted by the Google Play Store Terms of Service. Google has no obligation to provide any support or maintenance for the Google-Sourced Software. Any claims or issues related to the Google-Sourced Software are solely the responsibility of ForkStation. You acknowledge that Google is not responsible for reviewing or approving the Google-Sourced Software or its content. Google has no liability for any claims related to the Google-Sourced Software, including but not limited to product liability, legal claims, or any infringement of third-party rights.

ForkStation reserves the right to terminate or suspend your license to use the Mobile Applications at any time if you violate these Terms of Use or engage in any activity that is harmful to the Mobile Applications or other users. Upon termination, you must cease all use of the Mobile Applications and uninstall it from your mobile device.

The Mobile Applications are provided "as is" and "as available," without warranties of any kind. ForkStation disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. ForkStation does not guarantee that the Mobile Applications will be error-free, secure, or available at all times.

To the fullest extent permitted by law, ForkStation shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Mobile Applications, even if we have been advised of the possibility of such damages. Our liability for any direct damages is limited to the amount you paid for the Mobile Applications or its services.

17. DISCLAIMERS

FORKSTATION CANNOT CONTROL THE NATURE OF ALL CONTENT AVAILABLE ON THE WEBSITE OR FOOD PRODUCTS SOLD VIA THE PLATFORM. BY OPERATING THE PLATFORM, FORKSTATION DOES NOT REPRESENT OR IMPLY THAT IT ENDORSES ANY SELLERS, SELLERS' PRODUCTS, BLOGS, CONTRIBUTIONS, OR OTHER CONTENT AVAILABLE ON OR LINKED TO BY THE PLATFORM, INCLUDING CONTENT HOSTED ON THIRD-PARTY WEBSITES. FORKSTATION DOES NOT GUARANTEE THAT ANY FOOD PRODUCTS, CONTRIBUTIONS, BLOGS, OR OTHER CONTENT ARE ACCURATE, USEFUL, OR NON-HARMFUL.

FORKSTATION DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR UNLAWFUL OR OTHERWISE OBJECTIONABLE PRODUCTS OR CONTENT YOU MAY ENCOUNTER ON THE PLATFORM OR IN CONNECTION WITH ANY SELLERS OR CONTRIBUTIONS. FORKSTATION IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM OR FORKSTATION SERVICES.

YOU AGREE THAT YOUR USE OF THE PLATFORM AND FORKSTATION SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORKSTATION, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND FORKSTATION SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FORKSTATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM. FORKSTATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM AND FORKSTATION SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.

FORKSTATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. FORKSTATION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY

Notifications

If you believe that content available on or through the Platform infringes one or more of your copyrights, please promptly notify our designated Copyright Agent via mail or email ("Notification"). This Notification must comply with the requirements of DMCA 17 U.S.C. § 512(c)(3). Upon receipt of a valid Notification, ForkStation will forward a copy to the person who posted or stored the material that is the subject of the Notification. Be aware that if you knowingly misrepresent material facts in a Notification, you may be held liable for damages under federal law. It is advisable to seek legal counsel before submitting a Notification if you are unsure whether the content infringes your copyright.

Your Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity, and information reasonably sufficient to permit ForkStation to locate the material.
Information sufficient to permit ForkStation to contact the complaining party, such as an address, telephone number, and an email address.
A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Notifications should be sent to: ForkStation, 7951 NE Bayshore Ct, Suite 151, Miami, Florida 33138
Attn: Copyright Agent. Upon receiving a valid Notification, ForkStation will take appropriate actions, including removing or disabling access to the infringing content, as required by law. We will also notify the alleged infringer of their right to file a Counter Notification under the DMCA.

Counter Notification

If you believe that your material was removed or disabled due to mistake or misidentification, you may submit a written counter notification ("Counter Notification") to our designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be effective, a Counter Notification must include the following:

Identification of the material that has been removed or disabled and the location where it appeared before it was removed or disabled.
A statement that you consent to the jurisdiction of the Federal District Court in the district where your address is located, or if outside the United States, for any judicial district where ForkStation is located.
A statement that you will accept service of process from the party that filed the original Notification or their agent.
Your name, address, and telephone number.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to mistake or misidentification.
Your physical or electronic signature.

Counter Notifications should be sent to the same contact information provided above.

Upon receiving a valid Counter Notification, ForkStation will restore the removed or disabled material within 10 to 14 business days unless we receive notice that the original complainant has filed a court action against you seeking to restrain the allegedly infringing activity.

Consequences of Misrepresentation

Please note that if you knowingly misrepresent that material was removed or disabled due to mistake or misidentification, you may be liable for damages, including legal costs and attorneys' fees. Filing a false Counter Notification is considered perjury under the law.

19. TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Platform or are otherwise a user of the Platform. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, FORKSTATION RESERVES THE RIGHT TO, IN FORKSTATION'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM AND THE FORKSTATION SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. FORKSTATION MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM AND THE FORKSTATION SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN FORKSTATION'S SOLE DISCRETION.

In order to protect the integrity of the Platform and ForkStation Services, ForkStation reserves the right, at any time, in its sole discretion, to block certain IP addresses from accessing the Platform and ForkStation Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

20. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ForkStation, its subsidiaries, affiliates, and their respective officers, directors, employees, agents, licensors, service providers, subcontractors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that the Indemnified Parties may incur as a result of or arising out of: (1) Your access to and use of the Platform or ForkStation Services, including any data or content transmitted or received by you. (2) Any breach or violation of this Agreement, including any representation, warranty, or covenant made by you herein. (3) Any content or information that you submit, post, or otherwise transmit through the Platform. (4) Your violation of any rights of another, including but not limited to intellectual property rights, privacy rights, and publicity rights. (5) Your violation of any applicable laws, rules, or regulations in connection with your use of the Platform or ForkStation Services. (6) Any claim that arises due to your own negligent or willful misconduct.

ForkStation reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ForkStation, and you agree to cooperate with ForkStation’s defense of these claims. You agree not to settle any such matter without the prior written consent of ForkStation. ForkStation will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This indemnification obligation will survive the termination of your use of the Platform and ForkStation Services and/or the termination of this Agreement.

21. MODIFICATIONS

To Agreement:

ForkStation reserves the right to modify this Agreement at any time. Any changes will be reflected on the Platform, and the date of the latest revision will be indicated at the top of the Agreement. You agree to be bound by any modifications to this Agreement by continuing to use ForkStation Services after such changes become effective.

To ensure you are aware of any modifications, ForkStation may, at its discretion, notify users of significant changes via email to the most recent email address provided. However, it is your responsibility to regularly review this Agreement and keep your contact information up to date in your account settings.

Modifications to this Agreement will become effective 30 days after being posted on the Platform, except for changes that apply to dispute resolution, which will not apply retroactively to disputes arising before the effective date of the modification.

To Services:

ForkStation reserves the right to modify, suspend, or discontinue any part of the ForkStation Services at any time, with or without notice. You agree that ForkStation shall not be liable to you or any third party for any modification, suspension, or discontinuance of the ForkStation Services.

22. CORRECTIONS

Occasionally, there may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, or other details. ForkStation reserves the right to correct any such errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice. However, these corrections do not imply any obligation on ForkStation to update the information, except as required by law.

23. GOVERNING LAW

Except as provided in the “Dispute Resolution” section, this Agreement, including all terms, conditions, and policies, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. The Federal Arbitration Act shall govern the interpretation and enforcement of the “Dispute Resolution” section. Additionally, any claim or dispute arising under this Agreement must be brought within one year of its accrual. Failure to do so will result in the claim being permanently barred, except where prohibited by law.

24. VENUE

Any dispute, claim, or controversy that is permitted to proceed in court (excluding small claims court) must be brought and heard exclusively in the state or federal courts located in Miami-Dade County, Florida.

The above Governing Law and Venue provisions do not apply to disputes subject to the “Dispute Resolution” section. Please refer to that section for applicable procedures and venues for such disputes.

25. DISPUTE RESOLUTION

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND THE WAYS YOU CAN SEEK RELIEF FROM FORKSTATION. THIS SECTION REQUIRES THAT YOU RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT. THIS MEANS THAT YOU WILL NOT HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND YOUR ABILITY TO GATHER EVIDENCE AND APPEAL MAY BE MORE LIMITED THAN IN COURT. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF ACCEPTANCE.

I. Informal Dispute Resolution Procedure.

If you have a Dispute with ForkStation, you must send a written description of the Dispute to administrative@forkstation.com from the email address associated with your ForkStation account. This written notice must include: your full name and contact information. A detailed account of the Dispute, including relevant facts, transaction details, and any supporting documentation. The specific relief or remedy you seek, along with an explanation of how this remedy is calculated. Your personal signature, which can be electronic.

ForkStation, upon identifying a Dispute with you, will send a similar written notice to the email address associated with your ForkStation account. This notice will include a detailed description of the Dispute, and the relief or action sought by ForkStation. Upon receipt of the written notice, both parties will engage in good faith negotiations to resolve the Dispute. This may include email exchanges, phone calls, or an informal telephonic dispute resolution conference. If a telephonic conference is requested by ForkStation, it must be conducted on an individual basis. Each party must appear and participate, even if represented by counsel. Multiple claimants cannot combine their claims in a single conference. The parties are expected to participate actively in these discussions to reach a mutually agreeable solution.

If the Dispute is not resolved within sixty (60) days from the date the complete written description of the Dispute is received, either party may proceed with formal dispute resolution as outlined in the Dispute Resolution section of the Terms of Use. All relevant statutes of limitations, filing fees, or other procedural deadlines will be tolled during the 60-day informal resolution period, ensuring that neither party is prejudiced by the time spent in this informal process.

Compliance with this Informal Dispute Resolution Procedure is mandatory. Any party that fails to comply with these requirements before initiating formal dispute resolution may face legal consequences, including the dismissal of claims or enforcement of this provision by a court or arbitrator. A court has the authority to enjoin the filing or prosecution of arbitration claims if it finds that a party has not complied with this Informal Dispute Resolution Procedure. Any communications made during the informal dispute resolution process shall be treated as confidential and used solely for the purpose of resolving the Dispute. These communications shall not be admissible in any subsequent arbitration or litigation unless required by law.

II. Mutual Arbitration Agreement

You and ForkStation agree that all claims, disputes, or disagreements (each, a “Dispute”) arising out of or relating to the interpretation, performance, or breach of this Agreement, payments made by or to ForkStation, your use of the Platform, the Materials, the Services, or any other content on the Platform, your relationship with ForkStation, or any other matter relating to ForkStation, shall be resolved exclusively through binding arbitration. The term "Dispute" shall be interpreted broadly to include all legal claims, whether arising from contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes claims that arose before this Agreement and claims that may arise after the termination of this Agreement.

Notwithstanding the above, if you allege claims of sexual harassment or sexual assault related to your use of the Platform or Services, you may choose to bring those claims in a court of competent jurisdiction. ForkStation will honor this choice but reserves the right to enforce the Arbitration Agreement for any other claims or Disputes. Either party may elect, before the appointment of an arbitrator, to have claims heard in small claims court if the dispute falls within that court’s jurisdiction. However, the case must remain in small claims court without removal or appeal to a higher court. Both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, or patents.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service provider. The arbitration will be held in the county in which you reside unless otherwise agreed by the parties. The arbitrator shall have exclusive authority to resolve all Disputes, including issues related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except as otherwise provided herein. The arbitrator may award any relief available in a court under law or equity, including but not limited to damages, injunctive relief, and declaratory relief. All aspects of the arbitration, including the award, shall be kept confidential, except as may be required by law or to enforce the arbitration award.

By agreeing to this Arbitration Agreement, you and ForkStation are waiving the right to a trial by jury for all Disputes. Arbitration shall be the sole and exclusive method for resolving any Dispute between the parties. The parties shall share the costs of arbitration equally, but the prevailing party may be awarded its reasonable attorney's fees and costs by the arbitrator.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FORKSTATION AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THE ENTIRE ARBITRATION AGREEMENT SHALL BE NULL AND VOID, AND THE PARTIES AGREE THAT THE DISPUTE SHALL BE LITIGATED IN COURT.

This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and federal arbitration law. It is intended to be interpreted broadly and enforced according to its terms.

III. Class Action and Collective Relief Waiver

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. EXCEPT AS PROVIDED IN SECTION VII BELOW, NEITHER YOU NOR FORKSTATION SHALL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE, OR CONSOLIDATED BASIS OR IN ANY PURPORTED REPRESENTATIVE CAPACITY, INCLUDING AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. UNLESS BOTH YOU AND FORKSTATION OTHERWISE AGREE IN WRITING, THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW) AND SHALL NOT PRESIDE OVER ANY FORM OF A CLASS, JOINT, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY AWARD RELIEF (INCLUDING DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION.

THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS A CRITICAL AND ESSENTIAL PART OF THIS DISPUTE RESOLUTION SECTION. IF THIS WAIVER IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, THEN NEITHER YOU NOR FORKSTATION IS ENTITLED TO ARBITRATE SUCH CLAIM OR DISPUTE. IN SUCH A CASE, THAT SPECIFIC CLAIM OR DISPUTE SHALL PROCEED IN COURT, AND ARBITRATION SHALL BE STAYED FOR ALL OTHER CLAIMS OR REQUESTS FOR RELIEF, PENDING RESOLUTION OF THE NON-ARBITRABLE CLAIMS.

NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE WITH RESPECT TO A REQUEST FOR PUBLIC INJUNCTIVE RELIEF, AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT SUCH A CLAIM MAY PROCEED IN COURT. HOWEVER, THE REMAINDER OF THE CLAIMS AND REQUESTS FOR RELIEF SHALL REMAIN SUBJECT TO ARBITRATION.

IV. Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA"). Unless otherwise modified by this “Dispute Resolution” section, the AAA will conduct the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). You can access the Applicable AAA Rules at https://www.adr.org/Rules or by contacting the AAA at 1-800-778-7879.

If the AAA is unavailable, unwilling, or unable to administer arbitration in accordance with this “Dispute Resolution” section as written, the parties will mutually select an alternative arbitration provider that will administer the arbitration under the terms outlined in this section. If the parties cannot agree on an alternative provider, they shall jointly petition a court of appropriate jurisdiction to appoint an arbitration provider that will conduct the arbitration in accordance with this “Dispute Resolution” section.

The selected arbitration provider, whether the AAA or an alternative, must administer the arbitration in a manner consistent with the terms of this “Dispute Resolution” section. This ensures that the arbitration is conducted fairly and in accordance with the agreed-upon rules and procedures.

V. Arbitration Process

If the Informal Dispute Resolution Procedure outlined above is unsuccessful in resolving the Dispute within sixty (60) days, the party desiring to initiate arbitration must provide the other party with a written Demand for Arbitration in accordance with the Applicable AAA Rules. The AAA provides specific forms for this process: the Commercial Arbitration Demand Form and the Consumer Arbitration Demand Form . Additionally, for California residents, a Waiver of Fees Affidavit is available. If you initiate arbitration, you must certify that you have complied with the Informal Dispute Resolution Procedure. Your Demand for Arbitration must be personally signed by you, ensuring accountability and adherence to the outlined processes.

The arbitration will be conducted by a single arbitrator, who will be either a retired judge or an attorney licensed to practice law in the state or county where you reside. The parties will initially attempt to mutually agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, the AAA will appoint an arbitrator in accordance with the Applicable AAA Rules.

VI. Arbitration Location and Procedure

Unless otherwise agreed between you and ForkStation, the arbitration will take place in the county where you reside. This ensures that the arbitration is convenient for the consumer, reducing the burden of travel and associated costs. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, the arbitration will be conducted solely on the basis of documents submitted by you and ForkStation. This procedure streamlines the arbitration process for lower-value claims, minimizing the need for hearings and keeping costs down. If a hearing is requested by either party or deemed necessary by the arbitrator, the hearing will be conducted according to the Applicable AAA Rules. This ensures that the right to a hearing is preserved for claims where it is warranted. If the amount in controversy exceeds $10,000 or the relief sought includes injunctive or declaratory relief, the right to a hearing will be determined by the Applicable AAA Rules. This provision provides flexibility based on the complexity and value of the dispute, ensuring that more significant claims receive a thorough examination.

Subject to the Applicable AAA Rules, the arbitrator has the discretion to direct a reasonable exchange of information between the parties. This exchange will be consistent with the expedited nature of arbitration, ensuring that both parties have the opportunity to present their case while maintaining the efficiency of the arbitration process. Unless otherwise prohibited by law or mutually agreed upon by the parties, all arbitration proceedings and related records will remain confidential. The proceedings will be closed to the public and any third parties other than you and ForkStation, except as necessary to obtain court confirmation of the arbitration award. This confidentiality clause protects the privacy of both parties and ensures that sensitive information disclosed during arbitration is not made public.

VII. Batch Arbitration

To enhance the efficiency of arbitration proceedings, especially in situations where a large number of similar arbitration demands are submitted against ForkStation, this section introduces a batch arbitration process. This process is specifically designed for scenarios where 100 or more similar arbitration demands are filed by or with the assistance of the same law firm or organization. If 100 or more arbitration demands are presented, the arbitration provider shall: (1) Administer these demands in groups of 100 demands per batch. If fewer than 100 demands remain after batching, the final batch will consist of the remaining demands. (2) Assign a different arbitrator to each batch, unless the parties agree otherwise. This ensures that each batch is handled independently, preserving fairness while managing the workload effectively. (3) Only one set of filing fees (e.g., filing fee, case management fee, arbitrator compensation fee) will be required per batch, simplifying the financial burden for both sides. You agree to cooperate in good faith with ForkStation and the arbitration provider to implement this batch arbitration approach or any other similar approach. This includes agreeing to the payment of a single set of filing and administrative fees for each batch of claims. This provision should not be interpreted as permitting class arbitration of any kind. Each arbitration demand remains individual and separate, even within the batch process. This is consistent with the Class Action and Collective Relief Waiver (Section III), which prohibits class, joint, collective, or consolidated arbitrations. ForkStation explicitly reserves the right to raise unique defenses for each claimant within the batch. This ensures that even within a batch arbitration process, each claim is treated individually and on its own merits.

VIII. Arbitrator's Decision

The arbitrator will render an award within the time frame specified by the applicable AAA Rules. This ensures that both parties receive a timely resolution to the dispute, which is crucial for maintaining efficiency and fairness in the arbitration process. The arbitrator's decision will include the essential findings and conclusions upon which the award is based. This requirement ensures transparency in the arbitration process and provides both parties with a clear understanding of how the decision was reached. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. This provision allows the prevailing party to enforce the arbitrator's decision through the courts if necessary. The arbitrator has the authority to award monetary damages on an individual basis and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and this Agreement. This ensures that the arbitrator can provide a comprehensive resolution to the dispute, including both financial compensation and other forms of relief as appropriate. The arbitrator's award of damages and/or other relief must be consistent with the Class Action and Collective Relief Waiver (Section III) and the Limitation of Liability section. This means the arbitrator cannot grant relief that contradicts the agreed-upon limitations and waivers in the Terms of Use. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. This preserves the individual nature of each arbitration case and prevents the arbitrator's decision from affecting other disputes.

Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. This provision aligns with general legal principles, ensuring that the awarding of attorneys’ fees is based on the specific legal context of the dispute. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. This rule encourages settlement by allowing a party to make an offer of judgment, and if the final award is less favorable than the offer, the other party may be liable for certain costs incurred after the offer. If the arbitrator finds that the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or brought for harassment or an improper purpose (as measured by Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys’ fees, costs, and expenses in favor of a party. This provision deters parties from bringing baseless claims and ensures that the arbitration process is used appropriately.

IX. Fees

Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable AAA Rules (as modified by Section VII above). This ensures that the allocation of fees is consistent with the established arbitration framework and the batch arbitration provisions. If you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, ForkStation will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you. This provision is critical to ensuring that access to arbitration is not unduly restricted due to financial barriers, maintaining fairness in the dispute resolution process.

X. Right to Opt-Out of Arbitration

You have the right to opt out of this arbitration agreement. To opt out, you must send a written notice of your decision to opt out to ForkStation’s legal department within 30 days of the date you first agreed to this arbitration agreement. Your opt-out notice must include your name, address, the email address you currently use to access your ForkStation Account (if you have one), and an unequivocal statement that you wish to opt out of this arbitration agreement. If you opt out, neither you nor ForkStation can require the other to participate in an arbitration proceeding.

You must send your opt-out notice to administrative@forkstation.com . This ensures that the process is streamlined and that all opt-out requests are directed to a single point of contact within the company. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. This ensures that opting out of arbitration does not affect the enforceability of other terms of the agreement. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with ForkStation or may enter into in the future with ForkStation. This clarification ensures that opting out is specific to the current agreement and does not extend to other agreements or future arrangements.

XI. Changes

ForkStation reserves the right to make changes to this Dispute Resolution section. This grants ForkStation the necessary flexibility to update its policies as needed. Such changes will not apply retroactively to Disputes that arose before the effective date of the changes. This is crucial for maintaining fairness, ensuring that users are not unexpectedly subjected to new rules for past disputes. ForkStation will notify you of material changes to this section by email or by posting a notice on the Platform. This ensures that users are informed and can review the changes. If you continue to use the ForkStation Services after the changes take effect, you agree to the revised terms. This standard provision binds users to the updated terms if they continue using the service. If you do not agree to such changes, you may reject any such change by providing ForkStation written notice of such rejection by mail or hand delivery to: ForkStation, Attn: Dispute Resolutions, 7951 NE Bayshore CT, Suite 1511, Miami, Florida 33138, or by email from the email address associated with your account to administrative@forkstation.com within 30 days of the date such change became effective. This gives users a clear, time-bound option to reject changes. The notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. This requirement ensures that the rejection is properly documented and associated with the correct user. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and ForkStation in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable). This ensures that the arbitration process remains governed by the terms that the user originally agreed to.

26. MISCELLANEOUS

This Agreement, including any terms incorporated by reference, constitutes the entire and exclusive understanding and agreement between you and ForkStation regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings, whether written or oral, relating to that subject matter. The failure of ForkStation to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law.

You may not assign or transfer this agreement, or any rights or obligations herein, without the prior written consent of ForkStation. ForkStation may freely assign or transfer this agreement, in whole or in part, without restriction.

ForkStation may assign any or all of its rights and obligations to others at any time. ForkStation shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond ForkStation's reasonable control, such causes include, but are not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.. If any provision or part of a provision of this agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.

27. CONTACT US

In order to resolve a complaint regarding this Agreement or the Platform, or to receive further information regarding use of our Services, please contact us at:

administrative@forkstation.com

or:

ForkStation, Inc.

Attn: Legal Department

7951 NE Bayshore Ct Suite 1511

Miami, Florida 33138

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