AGREEMENT BETWEEN USER AND KUHNSOFT, LLC (DBA KURBSIDE KONA)

The Kurbside Kona Web Site is comprised of various Web pages operated by Kurbside Kona (KUHNSOFT, LLC).

The Kurbside Kona Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Kurbside Kona Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Kurbside Kona reserves the right to change the terms, conditions, and notices under which the Kurbside Kona Web Site is offered, including but not limited to the charges associated with the use of the Kurbside Kona Web Site.

BILLING

Kurbside Kona offers this free food truck ordering system on our web site and our 'Apps' for iOS and Android free of charge for Food Truck Owners. We simply charge a small $1.00 fee per order as a convenience fee anytime a customer places an order with you. This charge is paid by the customer and not the food truck owner. There is nothing to hide and it is clear as day on their order total and subtotal that they will be charged the convenience fee. This fee is added onto the cost of the order and is transferred directly to the Kurbside Kona Square or PayPal account (KuhnSoft, LLC). For example, a $10.00 food order will be added on a $1.00 convenience fee for a total of $11.00 that the customer pays. $10.00 (plus any taxes you have configured) arrives into your Square or PayPal account and then $1.00 is transferred to our Kurbside Kona account. This fee is subject to change at any time as well as any fees that Square or PayPal charges are not our responsibility and are not under the control of Kurbside Kona. It should be known that the truck may be responsible for the credit card rate on the $1.00 convenience fee. Typically may cost you around 2.9 cents based on your rate through processors such as Square. Any convenience fee sent to Kurbside Kona are FINAL at the time the order is placed and no refunds of our convenience fee will be made to the customer if they happen to call you and/or cancel their food order with you. Customers will see any convenience fee amount before they agree and place their order. By signing up as a Food Truck Owner, you are agreeing to allow us to charge your customers a convenience fee when orders are placed. You are also agreeing to allow us to take a parallel payment with you through Square or PayPal so that we can collect our fee. You are also agreeing to any fees or credit card charges that Square or PayPal must impose and these can change over time. As a customer, you are agreeing to pay the convenience fee and not hold FoodTruckPub/KurbsideKona/KuhnSoft, LLC accountable for any missing orders or for placing orders that for whatever reason cannot be fulfilled or even if you cancel your order.

PROFIT SHARING

In some cases, Kurbside Kona offers profit sharing to businesses such as Food Truck Associations as well as Brick and Mortar buildings that frequently bring in food trucks such as Brew Pubs. We can also offer it to food trucks that refer their fellow food trucks. The profit sharing rate is always subject to change and there can be certain circumstances when the profit sharing amount will need to get split between one or more parties. As an example, if a Food Truck Association is linked to a particular food truck, but then that same food truck has food orders places at a Brick and Mortar business such as a Brew Pub that has also signed up for profit sharing. In this situation, both the Food Truck Association as well as the Brew Pub would end up having their convenience fee amount split 50/50. Checks get cut (or electronic payments take place) at the beginning of each month, for the orders in the previous month, as long as a minimum amount of $5.00 was accumulated (money does not roll over to next month), and as long as you are also ACTIVELY using Kurbside Kona (if you are in fact a food truck yourself). We reserve the right to determine if you are actively using Kurbside Kona before paying you out on the basis of OTHER food trucks' activity. (This statement only applies if you're a food truck as opposed to an Association or brew pub). We will do our best to get these checks sent out in a reasonable amount of time but cannot be held liable for them reaching you late at times due to circumstances out of our controls such as US Postal Service Mail, weather, or other natural causes and unforeseen circumstances.

DATA/CONTENT

Kurbside Kona has the right to purge data in the system periodically as needed in order to recover disk space. We also have the right to terminate or disable your account at any time if we feel it is no longer being utilized or if you fail to properly fulfill your customer orders as they arrive to you or you fail to keep your correct food truck location updated on the map to show your proper geographic location.Upon service cancellation, your data will be purged and become inaccessible. Kurbside Kona reserves the right to alter settings and appearance of our system contained within the FoodTruck.pub domain and our 'Apps'. Screens, look and feel, and functionality may be changed at our discretion and in order to provide continuous enhancements to our systems and to our functionality. We will not ever sell your data or pin you up against your competitors... stuff like that just isn't nice. We like food and we like food trucks so we want to keep you happy! By the way... you need internet connectivity such as through some type of device such as a SmartPhone or Computer (android, iphone, tablet, ipad, PC, laptop) to be able to use our product and check and monitor your orders. We cannot be held responsible for your internet connectivity issues or for any data charges you incur while using our software. We also need to store cookies on your computer so we can remember who you are and prefill information for you as well as making ordering much easier on you! Don't worry, they're encrypted when they are passed from you to us over SSL.

LINKS TO THIRD PARTY SITES

The Kurbside Kona Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Kurbside Kona and Kurbside Kona is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kurbside Kona is not responsible for webcasting or any other form of transmission received from any Linked Site. Kurbside Kona is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kurbside Kona of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Kurbside Kona Web Site, you warrant to Kurbside Kona that you will not use the Kurbside Kona Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Kurbside Kona Web Site in any manner which could damage, disable, overburden, or impair the Kurbside Kona Web Site or interfere with any other party's use and enjoyment of the Kurbside Kona Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kurbside Kona Web Sites.

USE OF COMMUNICATION SERVICES

The Kurbside Kona Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Kurbside Kona has no obligation to monitor the Communication Services. However, Kurbside Kona reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Kurbside Kona reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Kurbside Kona reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kurbside Kona's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Kurbside Kona does not control or endorse the content, messages or information found in any Communication Service and, therefore, Kurbside Kona specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Kurbside Kona spokespersons, and their views do not necessarily reflect those of Kurbside Kona.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Kurbside Kona OR POSTED AT ANY Kurbside Kona WEB SITE

Kurbside Kona does not claim ownership of the materials you provide to Kurbside Kona (including feedback and suggestions) or post, upload, input or submit to any Kurbside Kona Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Kurbside Kona, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Kurbside Kona is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Kurbside Kona's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Kurbside Kona WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Kurbside Kona AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Kurbside Kona WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Kurbside Kona WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Kurbside Kona AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Kurbside Kona WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Kurbside Kona AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kurbside Kona AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Kurbside Kona WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Kurbside Kona WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Kurbside Kona WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Kurbside Kona WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Kurbside Kona OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Kurbside Kona WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Kurbside Kona WEB SITE.

SERVICE CONTACT : support@foodtruck.pub
TERMINATION/ACCESS RESTRICTION

Kurbside Kona reserves the right, in its sole discretion, to terminate your access to the Kurbside Kona Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Kurbside Kona Web Site. Use of the Kurbside Kona Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kurbside Kona as a result of this agreement or use of the Kurbside Kona Web Site. Kurbside Kona's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Kurbside Kona's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Kurbside Kona Web Site or information provided to or gathered by Kurbside Kona with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Kurbside Kona with respect to the Kurbside Kona Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Kurbside Kona with respect to the Kurbside Kona Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Kurbside Kona Web Site are: Copyright 2020 Kuhnsoft, LLC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PRIVACY STATEMENT

KUHNSOFT, LLC (DBA FOODTRUCK.PUB / FOOD TRUCK PUB / KURBSIDE KONA) is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Kurbside Kona site and governs data collection and usage. By using the Kurbside Kona site, you consent to the data practices described in this statement.

COLLECTION OF YOUR PERSONAL INFORMATION

Kurbside Kona collects personally identifiable information, such as your email address, name, home or work address or telephone number to make the free food truck ordering system work properly.

There is also information about your computer hardware and software that is automatically collected by Kurbside Kona. This information can include: your IP address, browser type, domain names, access times, referring website addresses, as well as location data so we can find and locate food trucks properly. This information is used by Kurbside Kona for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Kurbside Kona site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Kurbside Kona, this information may be collected and used by others.

Kurbside Kona encourages you to review the privacy statements of Web sites you choose to link to from Kurbside Kona so that you can understand how those Web sites collect, use and share your information. Kurbside Kona is not responsible for the privacy statements or other content on Web sites outside of the Kurbside Kona and Kurbside Kona family of Web sites.

USE OF YOUR PERSONAL INFORMATION

Kurbside Kona collects and uses your personal information to operate the Kurbside Kona Web site and deliver the services you have requested. Kurbside Kona also uses your personally identifiable information to inform you of other products or services available from Kurbside Kona and its affiliates. Kurbside Kona may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Kurbside Kona does not sell, rent or lease its customer lists to third parties. Kurbside Kona may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Kurbside Kona may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Kurbside Kona, and they are required to maintain the confidentiality of your information.

Kurbside Kona does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Kurbside Kona keeps track of the Web sites and pages our customers visit within Kurbside Kona, in order to determine what Kurbside Kona services are the most popular. This data is used to deliver customized content and advertising within Kurbside Kona to customers whose behavior indicates that they are interested in a particular subject area.

Kurbside Kona Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Kurbside Kona or the site; (b) protect and defend the rights or property of Kurbside Kona; and, (c) act under exigent circumstances to protect the personal safety of users of Kurbside Kona, or the public.

USE OF COOKIES

The Kurbside Kona Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Kurbside Kona pages, or register with Kurbside Kona site or services, a cookie helps Kurbside Kona to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Kurbside Kona Web site, the information you previously provided can be retrieved, so you can easily use the Kurbside Kona features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Kurbside Kona services or Web sites you visit.

SECURITY OF YOUR PERSONAL INFORMATION

Kurbside Kona secures your personal information from unauthorized access, use or disclosure. Kurbside Kona secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

CHANGES TO THIS STATEMENT

Kurbside Kona will occasionally update this Statement of Privacy to reflect company and customer feedback. Kurbside Kona encourages you to periodically review this Statement to be informed of how Kurbside Kona is protecting your information.

CONTACT INFORMATION

Kurbside Kona welcomes your comments regarding this Statement of Privacy. If you believe that Kurbside Kona has not adhered to this Statement, please contact Kurbside Kona at kurbsidekona@kona-ice.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.