Terms of Service - SaladChefs

If you don’t agree to these Terms, you may not access or use the Site or App.
Welcome to Salad.com, a website (the “Site”) and the Salad web application (the “App”) operated by Salad Technologies, Inc. (the “Company”). The following Terms of Use (“Terms”) apply when you use any part of the “Site” and/or download the App and/or click “I accept” to these Terms. The term "Site" is often used in these Terms to refer to both the Site and App collectively.Please review these Terms carefully. By accessing or using the Site or App, you show you agree to these Terms.  

1. ABOUT THE SITE
   The Site allows you to learn more about the Company and services provided via the Site and App (“Services”).
   
   The App allows PC users (“Chefs”) to exchange latent computer resources for digital goods.
   
   If you’re a Salad Cloud Customer, please refer to our Terms of Use for Customers.
   
   The Site allows you to register for the Service. As discussed in our Privacy Policy, when you register for the Service you'll be asked to provide certain information about yourself.
   
   For Chefs, we collect your name and email address. Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
2. USE OF THE SITE AND APP FOR CHEFS
   If you are a Chef, the App utilizes a portion of the computation power, internet bandwidth, or other resources of your personal computer or laptop for various commercial purposes during the regular use of those same computers.
   
   In order to potentially earn Rewards (as defined below), you will need to download the App and then make your computer available to our network.
   
   The Company hereby grants you a non-exclusive, non-transferable, non-sublicensable license to download and use the App only in connection with the Services.
   
   By downloading and using the App, you accept that it utilizes resources such as GPU computation power, CPU computational power, internet bandwidth, and other resources from you when you operate the licensed App through background activity on your personal computer or laptop (the "Shared Resources "). In consideration for utilization of your Shared Resources, we will credit your Account with Reward Points at a rate determined by the Company from time to time. Reward Points may be redeemed for rewards through the Salad storefront (“Rewards”).
   
   The Company does not guarantee that you will earn any Reward Points via your use of the Services or App.
3. Reward Points and Salad Balance
   You can view your Salad Balance, a description of available Rewards, and the amount of of Reward Points required to obtain each Reward at any time by logging into your Account. “Salad Balance” means the number of Reward Points you have earned that have not yet been redeemed.
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   Reward Points earned or accumulated shall at all times remain the property of Company. Reward Points has no cash equivalent or similar value except to redeem for Rewards through the Platform. Reward Points may not be redeemed for cash except via your linked PayPal account or other approved account.
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   Reward Points should appear in your Salad Balance within five (5) business days after they are earned. Reward Points may only be redeemed for a Reward after they appear in your Salad Balance.
4. Rewards and Redemption
   
5. When you redeem your Reward Points for a Reward, the number of Reward Points in your Salad Balance will be reduced by the number of Reward Points used to redeem the Reward.
   
6. Reward Points may only be redeemed by following the appropriate redemption process for each Reward outlined within the Platform. The Company reserves the right to change the available Rewards without notice, and we do not guarantee the availability of any particular Reward. We also reserve the right to change at any time and without notice the number of Reward Points required to redeem a particular Reward.
   
7. Unredeemed Reward Points will expire twelve (12) months after the date on which they first appear in your Salad Balance.
   
8. You may be required to provide additional information (such as your name, address, mobile telephone number, or other information) in order to redeem a Reward, and your receipt of the Reward is contingent upon your providing us with the information we request. We may also require that you take steps to verify your Account, such as by sending you a text message to which you must respond, or otherwise, before redeeming a Reward.
   
9. A particular Reward may be subject to specific terms and conditions, such as an expiration date of the Reward, shipping and handling fees, additional purchases, or other requirements to use or deliver the Reward, any return policy requirements and any warranties for the Reward, or any other limitations or restrictions on obtaining, retaining or using the Reward. We will not be liable if a Reward expires prior to redemption or use. You are responsible for compliance with all laws related to redeeming and receiving the Reward, including the payment and collection of any applicable federal, state, or local taxes; Reward Points cannot be used to pay such taxes. In addition, in order to redeem a particular Reward, you may have to accept a particular Reward provider’s terms and conditions.
   
10. All redemptions of Reward Points for Rewards are final. All non-merchandise Rewards, such as services, reward cards, gift cards and travel certificates, cannot be returned. Rewards of merchandise may not be exchanged or refunded after they have been delivered unless such a Reward is defective or has been damaged in transit. Our Reward providers are ultimately responsible for replacing any defective or damaged Rewards. Refunds, exchanges and other issues relating to the Reward are governed by the Reward provider’s terms and conditions applicable to the redemption. Redeemed Rewards are not refundable, exchangeable, or transferable for cash, credit, other Rewards or Reward Points. Neither the Company nor our participating Reward providers are responsible for replacing lost, stolen, or mutilated Rewards, including retail or travel certificates, reward cards, gift certificates, gift cards, or merchandise. You may not redeem Reward Points for Rewards if your Account has been suspended or terminated for any reason.
    
11. We reserve the right to terminate any Account that does not earn Reward Points during any period of twelve (12) consecutive months.
    
12. Reward Points may be deducted from your Salad Balance as the result of a return of Rewards, a request for a refund for Rewards, or an unresolved dispute with a Reward provider.
    
13. We reserve the right to grant Reward Points to select users or to all users, according to criteria established by us in our sole discretion, as part of our periodic marketing activities and promotions.
    
14. USE OF THE SITE
    You need to be at least 18 years old to use the Site as a Chef.  You hereby affirm we have the right to terminate your account with or without prior notice or cause.
15. USE RESTRICTIONS
    Your permission to use the Site is conditioned upon the following restrictions and conditions.
    You agree that you will not:
16. use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company’s express written consent;
17. access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers;
18. attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
19. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;
20. use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
21. use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;
22. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
23. collect or store any personally identifiable information from the Site or from other users of the Site without their express permission;
24. impersonate or misrepresent your affiliation with any person or entity;
25. sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;
26. use the Site for any unlawful purpose or for the promotion of illegal activities;
27. use the Site to attempt to, or harass, abuse or harm another person or group;
28. use another user’s account without permission;
29. have or use more than one account;
30. interfere or attempt to interfere with the proper functioning of the Site;
31. make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
32. attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site, the App, or the software used to provide the Service;
33. bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
34. publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device;  or
35. encourage or enable any other individual to do any of the foregoing.
    
36. MONITORING AND COMPLIANCE
    Although the Company is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable, illegal, or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
37. INTELLECTUAL PROPERTY
    You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
38. FEEDBACK
    We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
39. INDEMNIFICATION
    You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site and/or Services; or (b) your violation of any law or rights of any third party.
40. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
    For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected].
41. WARRANTY DISCLAIMER
    THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
    
    THE COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OR INABILITY TO USE THE SITE. WE DO NOT STATE OR WARRANT THAT THE SITE, Reward Points RESULTS AND POTENTIAL REWARDS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. When using the Platform, fees for used Internet traffic, mobile data, and other related services might be applied for users of certain Internet service providers. the Company takes no responsibility for shared traffic-related or any additional costs you might experience in accordance with your Internet service (or other services) provider’s agreement in any circumstances. The use of the Platform may be prohibited or restricted by your service provider. The Platform might also not be appropriate for all service providers’ rules and policies – therefore, you should confirm the ability to use our Platform with your service provider.
    
    YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
42. RISKS FOR CHEFS
    
    THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION'
    
    Chefs should be aware that there is a small risk of their fan or other physical components going out, but this is highly unlikely to cause any permanent damage to components since the Services use Chef’s computers in much the same way any game would.
43. LIMITATION OF DAMAGES;
    RELEASETO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE SITE; (B) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
    
    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
44. MODIFICATION OF TERMS OF USE
    The Company can amend these Terms at any time.  It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
    
45. PRIVACY POLICY
    The Company respects the privacy of its users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you show that you agree to this Privacy Policy.
    
46. GENERAL TERMS
    If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
    
    You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
    
    These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of Utah, without regard to conflict of law provisions.
    
    You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Springfield, MO.
    
    ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
    
    If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
    
    The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
    
47. NOTICE FOR CALIFORNIA USERS
    Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are here. You may contact us at [email protected]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
    
48. YOUR AGREEMENT
    YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.