Terms of service

eat2explore, Inc.
Terms of Service 
Last updated: January 31, 2026

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Welcome to eat2explore! These Terms of Service (“Terms” or “Agreement”) govern your access to and use of our website located at www.eat2explore.com, any related mobile applications, social media pages, and online services (collectively, the “Site”), as well as any services, features, content, subscriptions, or products offered by eat2explore through the Site (collectively, the “Service”). By accessing or using the Site or the Service, or by purchasing any products or subscriptions from eat2explore, you agree to be bound by these Terms.

Please also review our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, and protect your personal information.

1. Acceptance of Terms
The Site is owned and operated by eat2explore, Inc. (“eat2explore,” “we,” or “us”) and is accessed by you under these Terms. Please read these Terms carefully before using the Site or the Service. By accessing the Site or using any part of the Site or the Service, you agree to become bound by these Terms. If you do not agree to all the terms and conditions contained herein, then you may not access the Site or use the Service. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
By creating an account with us, you consent to receive electronic communications from us via email or by posting notices on the Site. These communications may include information about your account, such as delivery dates, payment authorizations, password changes and other transactional information, and are part of your relationship with us. In addition, we may send you promotional communications via email, such as promotional information, newsletters, special offers, surveys and other news and information that we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein; however, you will still receive electronic communications from us about your account and any other administrative notifications.

2. Modifications of these Terms
We may revise these Terms from time to time, and the most current version will be available on the Site. If the revision(s), at our sole discretion, is considered a material change we may attempt to notify you by posting an announcement on the Site. You are responsible for reviewing and becoming familiar with any modification, and you agree to be bound by such modifications or revisions. Use of the Site or the Service after any such modification or revision constitutes your acceptance of the terms and conditions of these Terms as so modified or revised.

3. Description of Products and Services
eat2explore offers experiential cooking and cultural explorer boxes made available through the Site designed for families, adults, and individuals. Products may include:

  • Family Edition explorer boxes
  • Adult Edition explorer boxes
  • Single-purchase explorer boxes
  • Bundled or promotional explorer boxes
  • Gift subscriptions
  • Recurring subscription plans
  • Digital educational content

All products are collectively referred to as “Products.”

4. Eligibility
Use of the Site and the Service, and the registration and creation of an eat2explore account, is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 18 years old, do not attempt to register or use the Site or the Service.

5. Terms of Sale
Explorer boxes. We offer different packages for our explorer boxes (each, a “Product”). For more information about the Products we offer, please visit the Site. 

WHEN YOU ORDER THE PRODUCTS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EAT2EXPLORE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR ORDER (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES).

Furthermore, by providing a credit card or other payment card, you represent and warrant that you are authorized to use that payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You may change or update your payment method at any time by logging into your account and editing that information.

Cancellation Policy. YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME BY LOGGING INTO YOUR ACCOUNT AND FOLLOWING THE STEPS FOR CANCELLATION; HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT ANY ORDER IDENTIFIED AS “ORDER PROCESSED” OR “SHIPPED” ON YOUR ACCOUNT PAGE, HAS ALREADY BEEN PROCESSED AND CANNOT BE CANCELLED.  YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR ORDER.

Taxes. You acknowledge and agree that we will collect applicable sales tax on Products shipped to states where we have determined that we have a duty to collect sales tax. Furthermore, you agree that the amount of taxes shown at checkout may be adjusted as required in our sole discretion.

Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you make a purchase; provided, however, that we reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time prior to completion of your purchase. We generally ship our Products via a third party courier, and any shipping times and dates are estimates only and actual delivery dates or times may vary. Furthermore, title to and risk of loss of all Products passes to you upon our delivery of the Product to the third party courier.

No Resale. You are not permitted to resell the Products to any third parties or to otherwise use the Products for commercial purposes.

By purchasing a Subscription, you expressly acknowledge and agree that your Subscription will automatically renew at the end of each applicable billing cycle unless canceled prior to the renewal date. You authorize eat2explore and its third-party payment processors to automatically charge your designated payment method for all recurring subscription fees, including applicable taxes, shipping charges, and any price adjustments in effect at the time of renewal. You further acknowledge that renewal charges will be billed at the then-current subscription price, and that your authorization for recurring billing will remain in effect until you cancel your Subscription or it is otherwise terminated in accordance with these Terms.

Prepaid subscription plans are billed in full at the time of purchase and provide access to Products for a specified term. Unless otherwise disclosed at the time of purchase, prepaid subscriptions may automatically convert to recurring subscriptions upon completion of the prepaid term unless canceled prior to renewal. Prepaid subscriptions are non-refundable once the subscription term has commenced and may not be canceled for a prorated refund except where required by applicable law.

Gift subscriptions are non-renewing subscriptions purchased for a defined term and will automatically expire at the conclusion of the purchased subscription period. Gift subscriptions do not automatically renew, are not redeemable for cash value, and are non-refundable once activated, except where required by law.

You may cancel, pause, or modify your Subscription at any time by logging into your customer account and accessing the subscription management portal provided through eat2explore’s third-party subscription platform. eat2explore provides a simple, cost-effective, and easy-to-use online cancellation mechanism through the customer account portal, allowing customers to cancel, pause, or modify their Subscriptions at any time without requiring contact with customer service. Customers may also request assistance with cancellation by contacting eat2explore at contact@eat2explore.com. To avoid renewal charges, cancellations must be completed prior to the applicable billing cutoff date. If cancellation occurs after a billing cycle has begun, the cancellation will take effect at the end of the current billing period. Orders that have already been processed, prepared, or shipped cannot be canceled.

Where required by applicable law, eat2explore may provide advance notice of upcoming subscription renewals via email or other electronic communications. You are responsible for maintaining accurate contact information associated with your account, and failure to receive renewal notifications due to outdated contact details, technical issues, or email filtering does not invalidate renewal charges.

You agree to maintain valid and current payment information for your Subscription. If a payment method is declined or cannot be processed, eat2explore may attempt to reprocess the payment, suspend shipment of Products, or cancel your Subscription after providing reasonable notice. You remain responsible for any outstanding balances incurred prior to cancellation.

These Subscription Terms are intended to comply with applicable automatic renewal and consumer protection laws, including, without limitation, California Business and Professions Code §17600 et seq. If any provision of this section is found to be invalid, unlawful, or unenforceable under applicable law, such provision shall be interpreted and enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

7. Pricing and Product Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are in addition to such prices. You acknowledge and agree that the amount billed may vary due to promotional offers, changes to your Order or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. Furthermore, we reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that we will not change prices for Products already purchased and provided that if we change prices for your Order we will give you advance notice of such changes. The shipment of explorer box to you after we have provided notice of a change in the price of your Order will confirm your acceptance of such changes, unless you cancel your Order prior to such shipment. You acknowledge and agree that we will not be able to notify you in advance of any changes to applicable taxes. 

You further acknowledge and agree that all of our Products are subject to availability and that we may be required to make substitutions from time to time. We further reserve the right to impose quantity limits on any Order, to reject all or part of an Order or to discontinue offering certain Products without prior notice

8. Deliveries and Delivery Considerations
Upon receipt of a delivery, you are solely responsible for inspecting all Products for damage or other issues and for determining the freshness of those Products. Furthermore, it is your responsibility to confirm that the Products arrive in good condition.

You acknowledge and agree that, generally, if you are not at home when your delivery arrives, the delivery company will leave the package for you at your door. Furthermore, any individual at the delivery address who accepts a delivery is presumed to be authorized to receive such delivery. In the event that we are unable to deliver your Order due to circumstances beyond our control, such as inclement weather, we will deliver the Order as soon as reasonably practical; provided, however, that if timely delivery of the Products becomes impossible we reserve the right to cancel your Order and issue you a credit or refund for that Order.

Products are designed to be shelf-stable unless otherwise expressly indicated on the Product packaging or accompanying documentation. You are responsible for promptly retrieving deliveries upon arrival and for storing all Products in accordance with any instructions provided.

eat2explore shall not be responsible for any spoilage, damage, loss of quality, or food safety issues resulting from circumstances occurring after delivery to the shipping carrier or delivery location, including but not limited to delayed retrieval, exposure to temperature fluctuations, improper storage, or environmental conditions beyond our control.

Notwithstanding the foregoing, if you believe that a Product arrived damaged, compromised, or unsuitable for use due to shipping conditions, you must notify eat2explore within seven (7) days of delivery and provide reasonable supporting documentation, such as photographs or a description of the issue. Upon verification, eat2explore may, at its sole discretion and as a customer service accommodation, offer a replacement Product, store credit, or refund. Such accommodations are provided on a case-by-case basis and shall not constitute an admission of liability or a waiver of any rights or limitations set forth in these Terms.

9. Responsibility for Safe Handling and Preparation 
You acknowledge and agree that eat2explore provides packaged cooking Products and educational materials only, and does not prepare, cook, or serve food for consumption. Accordingly, you are solely and exclusively responsible for the safe handling, storage, preparation, cooking, and consumption of all Products.

Without limitation, you agree that you are responsible for:

  • Properly storing all Products in accordance with any instructions provided
  • Safely handling, measuring, mixing, cooking, and preparing all ingredients
  • Following all applicable food safety practices, sanitation standards, and preparation instructions
  • Ensuring that any fresh ingredients or additional items you independently purchase, obtain, or substitute are safe, suitable, and properly handled
  • Determining whether the Products and any prepared meals are appropriate for consumption by you and any individuals to whom you serve the Products, including consideration of allergies, dietary restrictions, medical conditions, and age-related risks

You further acknowledge that eat2explore does not supervise, monitor, or control the manner in which Products are stored, handled, prepared, or consumed after delivery, and that food safety outcomes may vary based on individual preparation methods, environmental conditions, and third-party ingredients not supplied by eat2explore.

By purchasing and using the Products, you expressly assume all risks associated with food preparation and consumption, including but not limited to risks arising from improper handling, undercooking, cross-contamination, or the use of unsafe or spoiled ingredients not provided by eat2explore.

10. Allergen Disclosure, Cross-Contamination Risk, and Dietary Disclaimer
You acknowledge and agree that eat2explore Products contain food ingredients and may have been processed, packaged, or handled in facilities that also process common food allergens. Such allergens may include, without limitation, milk, wheat, soy, eggs, peanuts, tree nuts, fish, shellfish, sesame, and other ingredients that may cause allergic reactions in certain individuals. Accordingly, eat2explore cannot and does not guarantee that any Product is free from allergens or that cross-contamination will not occur during manufacturing, packaging, storage, or shipping.

You further acknowledge that you are solely responsible for carefully reviewing all ingredient labels, product documentation, and allergen disclosures provided with the Products, determining whether any Product is safe or appropriate for consumption by you or any individual to whom you serve the Products, and taking all necessary precautions to prevent allergic reactions.

eat2explore does not make any medical, dietary, or nutritional guarantees regarding its Products and does not warrant that any Product is allergen-free, gluten-free, vegetarian, vegan, or suitable for any specific dietary preference, medical condition, dietary restriction, or health requirement. Any dietary, ingredient, or nutritional information provided by eat2explore is for general informational and educational purposes only and is not intended to constitute medical advice, diagnosis, or treatment.

Customers with food allergies, sensitivities, dietary restrictions, or medical conditions are strongly encouraged to consult with a qualified healthcare professional prior to purchasing, preparing, or consuming any Products. By purchasing and using eat2explore Products, you expressly assume all risks associated with food allergies, sensitivities, dietary restrictions, and cross-contamination.

11. Limitation of Liability for Food-Related Claims 
To the fullest extent permitted by applicable law, eat2explore shall not be liable for any injury, illness, allergic reaction, foodborne illness, or other damages arising from or related to the consumption or use of its Products, including but not limited to risks associated with cross-contamination, improper handling, storage, preparation, or cooking, failure to follow safety instructions, or the use of additional ingredients, substitutions, or food items not supplied by eat2explore.

eat2explore makes no representations or warranties, express or implied, regarding the suitability of any Product for any particular individual, dietary need, or medical condition, nor does it warrant the safety or condition of any food once it has been prepared, stored, or handled by the customer or any third party. eat2explore further disclaims any responsibility for the condition, quality, or safety of Products after they have been delivered to the shipping carrier or to the delivery location designated by the customer.

All Products are provided on an “as-is” and “as available” basis, without warranties of any kind, whether express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement, except where such disclaimers are prohibited by law.

By purchasing, receiving, or using eat2explore Products, you acknowledge that you have read, understood, and agree to this Food Safety and Allergy Disclaimer and expressly assume all risks associated with the handling, preparation, and consumption of the Products

12. Returns and Refunds 
If you are dissatisfied with our explorer boxes for any reason, please contact us at contact@eat2explore.com within seven (7) days of the date you received the explorer box. Upon receipt of such notification we may require you to provide documentation (e.g., photos) of any item that was unsatisfactory prior to giving any replacement or refund. In the event that we determine a replacement or refund is required, we will, at our option, either replace the explorer box, as applicable, at our expense or provide you a full or partial credit or refund for that explorer box, as applicable.

13. Ownership and Standards of User Generated Content
The Site may contain interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Generated Content”). In the event you decide to share your User Generated Content with others through the Site or third party platforms, you understand that this User Generated Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Site. We may, but are not obligated to, monitor or control User Generated Content that is posted, and we take no responsibility for such content.

Any material you upload to the Site, if applicable, will be considered non-confidential and non-proprietary. We have the right to disclose your identity to any third party who claims that any of the material uploaded/posted by you to the Site constitutes a violation of their intellectual property rights, or of their rights to privacy.

In using the Site or the Service, you agree not to generate or upload any User Generated Content that is (1) inappropriate to other users or illegal, including, but not limited to, anything that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or promotes violence, discrimination, bigotry, racism, or hatred, as determined by eat2explore in its sole discretion, or (2) introduce viruses, time-bombs, worms, cancelbots, Trojan horses and/or other harmful code.

We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Generated Content will be at your own risk.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Generated Content, such as User Generated Content which violates these Terms. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to member support requests, or (e) protect our rights, property or safety, and that of our users and the public.

We will not be responsible or liable for the exercise or non-exercise of this right under these Terms. Furthermore, we do not compensate eat2explore users for any User Generated Content creation.

You understand that by using or accessing the Site or the Service you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content or any eat2explore Content posted, emailed, transmitted or otherwise made available on the Site or through the Service.

14. Your Property Rights and the Licenses You Grant to eat2explore 
Except as may be stated otherwise in these Terms or elsewhere on the Site, we claim no ownership or control over any User Generated Content. You retain any and all trademark rights and copyright to any User Generated Content that you submit, post or display on or through the Site or the Service, and you are responsible for protecting those rights.

While you own all of your own User Generated Content, you hereby grant us, and our affiliates, licensees and business partners, a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use your User Generated Content (i) in order to facilitate transactions on the Site or with respect to the Services, and (ii) in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data helps enable us to make the Site and the Service appealing to as many users as possible. As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use our Site and the Service.

In connection with any of the uses listed above, you agree to release and discharge us, and our affiliates, licensees, and business partners from any claims, actions and demands of any nature, including but not limited to any claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or other claim.

In granting these license to us, and our affiliates, licensees, and business partners, you represent and warrant that you own or have the necessary licenses, rights, consents, power, authority and permissions to grant these licenses, which include but are not limited to any third party rights that are required as a result of the subject matter of your User Generated Content.

15. eat2explore Content; Trademarks 
Other than your own User Generated Content, we own all right, title and interest, including all worldwide intellectual property rights in all content related to the Site and the Service (collectively, the “eat2explore Content”). The eat2explore Content, including the Site, is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, or otherwise use the eat2explore Content, including the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying any portion of, our Site. Other than explicitly stated herein, you may not make any commercial use of the eat2explore Content, including the Site, without our prior written approval.

Furthermore, “eat2explore” and the eat2explore logo, and any other eat2explore service names, logos or slogans that may appear on the Site or the Products, are trademarks of eat2explore and may not be copied, imitated or used, in whole or in part, without our prior written consent, which may be withheld in our sole and absolute discretion. In addition, the “look and feel” of the Site constitutes the service mark, trademark or trade dress of eat2explore and may not be copied, imitated or used, in whole or in part, without our prior written consent, which may be withheld in our sole and absolute discretion. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Site or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Furthermore, you acknowledge and agree that our reference to any Products, services or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply our endorsement or sponsorship thereof.

16. Digital Millennium Copyright Act; Procedure for Making Claims of Infringement
eat2explore respects the legal rights of others, and asks that its users do the same. It is our policy to respond to notices of alleged copyright or other forms of intellectual property infringement provided they comply with applicable laws (most notably, the United States’ Digital Millennium Copyright Act or “DMCA”). Repeat offenders may, at our sole option, have their user accounts and/or access to the Site and the Service removed or disabled irrespective of the status of any particular notification or counter-notification. If you believe that your intellectual property rights have been infringed, please provide us written notice of such infringement to our Agent for Notices of Infringement Claims:

Name: eat2explore General Counsel
Address: 1033 Route 17M, Monroe NY 10950
Phone: 1-888-39-EATEXPL / 1-888-393-2839
Email: contact@eat2explore.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

17. General Prohibitions and Agreements
In addition to the prohibitions set forth elsewhere herein, you agree not to do any of the following while using the Site or the Service:

  • Violate any applicable laws, third party rights, or our policies.
  • Access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers.
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
  • Attempt to access or search the Site with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided, or specifically authorized, by us or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator).
  • Attempt to alter or modify the Site, the eat2explore Content, or the User Generated Content of any other user, or use the Site or our Service for purposes other than which they were intended.
  • Send unsolicited email, junk mail, “spam,” chain letters, or promotions or advertisements for products or services.
  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Site or Service to send altered, deceptive or false source-identifying information.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or our Service.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • You will not attempt to circumvent or manipulate our billing process or the fees owed to us.

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting any users who violate these Terms. You acknowledge that we have the right to monitor your access to or use of the Site and our Service for operating purposes, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

18. Links to Other Sites
The Site may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

19. Termination 
If you violate any of these Terms, your permission to use and access the Site and use the Service may be automatically terminated. Should your account or usage be terminated, you are prohibited from creating any new accounts or otherwise accessing the Site or using the Service without our prior written approval. We reserve the right to revoke your access to and use of the Site and the Service at any time, with or without cause. We also reserve the right to cease providing or to change the Site and the Service at any time and without notice.

20. Disclaimers 
FOOD SAFETY, ALLERGEN, AND HANDLING RISKS ARE ADDRESSED IN SECTIONS 9, 10, AND 11 OF THESE TERMS, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

FURTHERMORE, WE DO NOT GUARANTEE THE ACCURACY OF THE MATERIALS AND INFORMATION REGARDING THE PRODUCTS THAT IS CONTAINED ON OUR SITE. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION, OR IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, PRODUCT AVAILABILITY, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, AND MANUFACTURING PROCESS OR SUPPLY. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. WE CANNOT GUARANTEE THAT A PRODUCT REFERENCED ON THE SITE WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.

21. Indemnification 
You agree to indemnify and hold harmless eat2explore, Inc., its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives and to defend and hold each of them harmless, from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’ fees and costs) arising out of or in any way relating to: (1) any breach of any of your obligations in this Agreement; (2) any intentional misconduct or negligence by you in using the Site or the Service; (3) the access to or use of the Service, the Site or any content on the Site (including without limitation, the eat2explore Content, User Generated Content, third party content and links to third party sites) or the order, receipt or use of any Products sold by us; or (4) otherwise related to these Terms (including, but not limited to, any damages caused by or resulting from your reliance on any information obtained from any eat2explore Party (as defined below), or from events beyond the eat2explore Parties’ reasonable control, such as Site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, Trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the eat2explore Parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

22. Limitation of Liability 
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE, THE SERVICE AND THE PRODUCTS AT YOUR OWN RISK AND THAT EAT2EXPLORE, INC., AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “EAT2EXPLORE PARTIES”), WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOU OR TO YOUR COMPUTER SYSTEM (INCLUDING LOSS OF DATA) THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE FOREGOING. THE SITE, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND THE EAT2EXPLORE PARTIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE EAT2EXPLORE PARTIES. THE EAT2EXPLORE PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE.

THE EAT2EXPLORE PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SITE OR THE SERVICE HEREUNDER, THE SALE OR PURCHASE OF ANY PRODUCTS, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, YOUR USE OF OR RELIANCE ON THE SITE, THE SERVICE, OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SITE REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE THE EAT2EXPLORE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICE AND THE PRODUCTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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”.

THE TOTAL CUMULATIVE LIABILITY OF THE EAT2EXPLORE PARTIES IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE SITE, THE SERVICE AND/OR THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.

23. General Provisions

23.1 Governing Law; Venue. This Agreement is governed by the laws of the State of New York without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction. You irrevocably consent to the personal jurisdiction of the state and federal courts located in New York, New York, for any suit or action arising from or related to this Agreement, and waive any right you may have to object to the venue of such courts. You further agree that these courts will have exclusive jurisdiction over any such suit or action initiated by you against eat2explore.

23.2 Arbitration. If any dispute, controversy or claim arises between the parties under, out of, or in relation to this Agreement, including any dispute concerning the formation, construction, interpretation, or breach of this Agreement or a party’s performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to resolve the Dispute through mutual good faith consultation. If the Dispute is not resolved in this manner within forty-five (45) days of a party’s notice of a Dispute, then any party may serve a notice on the other party requiring the Dispute to be submitted to arbitration as follows:

(i) Any Dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) all arbitration proceedings shall be held in English; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney rewards) and disbursements arising out of the arbitration, and shall pay an equal share of the rewards and costs of the ADR Provider.

(ii) Any other Dispute (including whether the claims asserted can be arbitrated) shall be referred to and finally determined by arbitration in accordance with the JAMS Commercial Arbitration Rules (the “Rules”) and shall be administered by the New York, NY office of JAMS (the “Administrator”). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be New York, NY, USA. The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such list to the parties 10 days after request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. Each party shall bear its own attorney’s rewards, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the rewards and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorneys’ rewards, costs and disbursements (including, for example, expert witness rewards and expenses, photocopy charges, travel expenses, etc.), and/or the rewards and costs of the Administrator and the Arbitrator. The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of any limitations set forth in this Agreement. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by New York law or United States Federal law.

(iii) Notwithstanding the foregoing, either party may proceed directly to any court of competent jurisdiction to seek protection or enforcement of its intellectual property rights and/or to seek injunctive relief or other equitable relief.

23.3 Class Action Waiver. To the fullest extent permitted by applicable law, you and eat2explore agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Service, or any Products shall be resolved on an individual basis only, and not as part of any class, collective, consolidated, or representative action. You expressly waive any right to participate in, bring, or be a member of any class action, class arbitration, private attorney general action, or other representative proceeding against eat2explore.
The arbitrator shall have no authority to consolidate claims of multiple parties or to preside over any form of class or representative proceeding. If this Class Action Waiver is found to be unenforceable with respect to any particular claim or dispute, then such claim or dispute shall proceed exclusively in a court of competent jurisdiction, and the remaining provisions of this arbitration agreement shall remain in full force and effect.

23.4 Severability. If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect provided that the essential terms and conditions of this Agreement for both parties remain valid, binding and enforceable. To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.

23.5 No Assignment. This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without our express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void. We may assign this Agreement or any of its rights under this Agreement to any third party without your consent.

23.6 Notices. We may give any notice required by this Agreement by means of a general notice on the Site, electronic mail to your email address on record with us, or by written communication sent by first class mail or pre-paid post to your address on record with us. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to us, addressed to the attention of eat2explore, Inc. Attn: General Counsel, 56 East 87th Street, #3D, New York, NY 10128. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the following address: 56 East 87th Street, #3D, New York, NY 10128.

23.7 Remedies. Our remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to us for which monetary damages would not be an adequate remedy and, therefore, we will be entitled to injunctive relief (including specific performance). The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

23.8 Waiver. All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

23.9 Entire Agreement; Modifications. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. We reserve the right to make changes to this Agreement, in our sole discretion, pursuant to Section 2 above.

23.10 Feedback. In the event that you provide us with any feedback regarding the Site or the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Site or the Service (collectively, “Feedback”), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

23.11 Survival. The provisions of Sections 10, 11, 12, 17, 18, 19 and 20 shall survive the expiration or termination of this Agreement for any reason.

23.12 Modifications to the Site or the Service. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Service.

24. Mobile Messaging (SMS/MMS) Program Terms and Conditions

eat2explore (“eat2explore,” “we,” “us,” or “our”) may offer a mobile messaging program (the “Program”) through which you may elect to receive recurring marketing, promotional, and informational text messages via Short Message Service (“SMS”) or Multimedia Messaging Service (“MMS”) (collectively, “Mobile Messages”). By enrolling in, opting into, or otherwise participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Mobile Messaging Terms and Conditions, as well as the other provisions of these Terms of Service and our Privacy Policy, which are incorporated herein by reference.

24.1 Consent to Receive Mobile Messages

By providing your mobile telephone number and affirmatively opting into the Program through any available enrollment method, including but not limited to website forms, checkout selections, account registration, promotional sign-up pages, or other electronic consent mechanisms, you expressly consent to receive recurring automated, autodialed, prerecorded, or otherwise electronically transmitted Mobile Messages from eat2explore at the telephone number you provided. You acknowledge and agree that your consent to receive Mobile Messages is not a condition of any purchase, transaction, or use of our Products or Services. Message and data rates may apply as determined by your wireless carrier, and you are solely responsible for any such charges.

You represent and warrant that you are the authorized subscriber or customary user of the mobile telephone number you provide and that you have the authority to consent to receive Mobile Messages at such number. You further agree to maintain accurate, current, and complete contact information and to promptly notify us if your mobile number changes.

24.2 Program Scope and Message Frequency

Mobile Messages sent through the Program may include, without limitation, promotional offers, product announcements, subscription reminders, transactional communications, customer service notifications, and other communications relating to eat2explore’s products, services, and events. Message frequency may vary depending on your interactions with us, your account activity, marketing campaigns, and other business communications.

24.3 Opt-Out Procedures

You may opt out of receiving Mobile Messages at any time by replying STOP to any Mobile Message received from us. Upon receipt of a valid opt-out request, we will process your request within a reasonable period of time, after which you may receive a final confirmation message acknowledging your opt-out. You may also request assistance with opting out by contacting us at contact@eat2explore.com; however, you acknowledge that replying STOP remains the primary and most effective method of immediately terminating Mobile Message communications.

24.4 User Responsibilities and Number Reassignment

You agree that if you change, deactivate, transfer, or relinquish the mobile telephone number associated with your participation in the Program, you will promptly opt out of the Program prior to such change or notify us directly of the updated contact information. To the fullest extent permitted by law, you agree that eat2explore shall not be liable for Mobile Messages sent to a reassigned or recycled telephone number where you have failed to provide notice of such change.

24.5 Delivery Limitations and Carrier Disclaimer

Delivery of Mobile Messages is subject to effective transmission by your wireless service provider and network availability. eat2explore does not guarantee the successful delivery, timeliness, or accuracy of Mobile Messages and shall not be liable for delayed, undelivered, or misdirected messages due to factors outside our reasonable control, including network failures, carrier restrictions, or technical malfunctions. Wireless carriers are not liable for delayed or undelivered Mobile Messages.

24.6 Third-Party Service Providers

eat2explore may utilize third-party vendors, platforms, or service providers to facilitate the delivery of Mobile Messages. Your participation in the Program may therefore also be subject to the applicable terms and privacy policies of such third-party providers.

24.7 Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to the Program, Mobile Messages, or these Mobile Messaging Terms shall be governed by and subject to the Dispute Resolution provisions contained in these Terms of Service, including the binding arbitration and class action waiver provisions, which are incorporated herein by reference.

24.8 Modification or Termination of Program

eat2explore reserves the right, at its sole discretion, to modify, suspend, or terminate the Program, in whole or in part, at any time and for any reason, with or without notice, including modifications to these Mobile Messaging Terms. Your continued participation in the Program following any such modifications constitutes your acceptance of the revised terms.

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