Terms of Service
Potluck Buddies (PLB) provides website features and other products and services to the general public. PLB has established this document to explain your rights and responsibilities regarding the use of this website, related websites, online services, social media, newsletters and emails (collectively referred to as "PLB Communications & Services"). PLB provides the "PLB Communications & Services" subject to the following conditions. By accessing or registering for "PLB Communications & Services", you agree to be bound by these Terms. Please read them carefully.
Our websites may include multiple domain names or host names. Some of our websites may provide links, apps or add-ons that are provided by third parties whom may or may not be affiliated with PLB and are subject to separate Terms.
Some "PLB Communications & Services" require the registration and creation of a user account in order to be accessed. If applicable, additional terms will be presented to you. You are responsible for all activities under your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account. If you are under 18, you may only use "PLB Communications & Services" with permission and involvement of a parent or legal guardian. Any products for sale which have Local, State or Federal age or jurisdiction requirements may not be purchased by anyone whom does not meet all legal requirements. You must be at least 21 years of age to use any site functionality related to alcohol or any other age restricted item. This includes the use of food recipes which may contain alcohol or other age restricted items. PLB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
When using email or any other form of electronic communication to contact us, you consent to receive communications from us electronically. PLB will use electronic communication methods such as email, by way of notices on our websites or through other electronic services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you subscribe to our newsletter, purchase items from our stor or register for an account in connection with any of our websites or services, you may receive transactional emails or notifications from us in connection with your account.
Some "PLB Communications & Services" provide tools that allow you to send emails and other forms of electronic communications to others, such as inviting your contacts to a Potluck event that you have created and manage using these tools. You agree not to misuse these services in any way not deemed appropriate or acceptable by PLB. This includes but is not limited to any use of our service which may be considered hateful, malicious, illegal, "spam" or otherwise "inappropriate". Any suspected violations may result in account termination and or legal action.
Some "PLB Communications & Services" provide tools that enable you to arrange physical events for which others may attend. Please exercise caution and good judgement when attending events or inviting others to your event. PLB is not responsible or liable and is no way affiliated with events created by users of PLB.
Communications include content such as articles, images, comments, responses, software, audio, video and other materials (collectively referred to as "Content"). Content is authored by PLB, contributors to PLB, users, guests, and other sources.
Some Content is made available for public sharing and reuse through open licenses.
Some Content is made available through a standard copyright license and subject to US and international copyright laws. Some Content is acquired from sources that prohibit further use or sharing without permission. Where possible, the Content or web page will display appropriate copyright notice and applicable license. You agree to abide by any and all such notices.
You may contribute Content when interacting with "PLB Communications & Services", including but not limited to the event creation process, responding to an event invitation, communicating with event managers or attendees, commenting on an article or social media share, blogging, contributing graphic images or written material for publication on our site, in our newsletter or in the Potluck Buddies Society Magazine (each collectively referred to as a "Submission").
You agree to the following in connection with each Submission:
- You represent and warrant that your Submission will comply to these Terms and any additional terms that may govern your Submission.
- You hereby grant us a nonexclusive, royalty-free, worldwide, sublicensable (to those we work with) license to use your Submission in connection with the Communications and online and offline promotion of PLB, products and services.
- You acknowledge that your Submissions may be accessible by other registered users of the applicable service or the public.
- If your Submission contains expressive material or software code, you agree to license it in a manner that is compatible with the particular Website you are making a Submission to.
- You represent and warrant that you have the rights necessary to grant the rights granted herein, and further, that the uses contemplated under these Terms will not infringe the proprietary or intellectual property rights of any third party.
- You understand and agree that PLB reserves the right, at its discretion, to review, modify, or remove any Submission that it deems is objectionable or in violation of these Terms.
Risk of Loss
All items purchased from PLB are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds And Title
PLB does not take title to returned items until the item arrives at the originating shipment address. At our discretion, a refund may be issued without requiring a return. In this situation, PLB does not take title to the refunded item. You may return most new, unopened items sold within 30 days of delivery for a full refund. We'll also pay the return shipping costs if the return is a result of our error.
Digital Downloads & Premium Add-On Services
Potluck Buddies offers premium add-on services. Some premium add-on services grant access to digital downloads. Unless stated otherwise during the checkout process, premium add-on services and digital download purchases are non-refundable.
We do not accept returns on the following items:
- Downloadable software products
- Digital downloads
- Subscription based services after they have been accessed
- Any product missing the serial number or UPC
- Gift cards
- Prepaid gift, credit, or game cards
- Some jewelry orders
- Some health and personal care items
- Grocery items
- Flowers or plants
- Any items with special shipping restrictions imposed by the U.S. Department of Transportation (as indicated on the product detail page)
In most cases, items are warehoused and shipped by either a third party affiliate or a manufacturer. Upon request for a return, customers will be directed with instructions on how and where to return items.
PLB attempts to be as accurate as possible. However, PLB does not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free. If a product offered by PLB is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any PLB Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant. With respect to items sold by PLB, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by PLB is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, any "PLB Communication & Services", whether in whole or in part, or create any derivative works from or of any "PLB Communication & Services".
These Terms will continue to apply until ended by either you or PLB. You can choose to end them at any time for any reason by discontinuing your use of any and all "PLB Communications & Services" and, if applicable, deleting your account.
We may suspend or terminate your access to "PLB Communications & Services" at any time for any reason, including, but not limited to, if we have reason to believe: (i) you have violated these Terms or any of our policies; (ii) you create risk or legal exposure for us; or (iii) our provision of the Communications to you is no longer viable.
In all such cases, these Terms shall terminate, except that the following sections shall continue to apply: Indemnification, Disclaimer; Limitation of Liability, Miscellaneous.
You agree to defend, indemnify and hold harmless PLB, its contractors, contributors, licensors, and partners; and the respective directors, officers, employees and agents of the foregoing ("Indemnified Parties") from and against any and all third party claims and expenses, including attorneys' fees, arising out of or related to your use of our Communications (including, but not limited to, from your Submissions or from your violation of any these Terms).
Disclaimer; Limitation of Liability
THE COMMUNICATIONS ARE PROVIDED "AS IS" WITH ALL FAULTS. TO THE EXTENT PERMITTED BY LAW, PLB AND THE INDEMNIFIED PARTIES HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE COMMUNICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, AND NON-INFRINGING. YOU BEAR THE ENTIRE RISK AS TO USING THE COMMUNICATIONS FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF THE COMMUNICATIONS, INCLUDING WITHOUT LIMITATION THE RISK THAT YOUR HARDWARE, SOFTWARE, OR CONTENT IS DELETED OR CORRUPTED, THAT SOMEONE ELSE GAINS UNAUTHORIZED ACCESS TO YOUR INFORMATION, OR THAT ANOTHER USER MISUSES OR MISAPPROPRIATES YOUR SUBMISSION. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
EXCEPT AS REQUIRED BY LAW, PLB AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE COMMUNICATIONS, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. THE COLLECTIVE LIABILITY OF PLB AND THE INDEMNIFIED PARTIES UNDER THIS AGREEMENT WILL NOT EXCEED $3.50 (THREE DOLLARS AND FIFTY CENTS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
Modifications to Terms
We may update these Terms from time to time to address a new feature of the Communications or to clarify a provision. The updated Terms will be posted online. If the changes are substantive, we will announce the update through our usual channels for such announcements such as blog posts, banners, emails, or forums. Your continued use of our Communications after any changes constitutes your acceptance of such changes.
These Terms constitute the entire agreement between you and PLB concerning our Communications and supersede any prior versions of these Terms. The Communications and these Terms are governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions. All claims and disputes arising out of the Communications or these Terms shall be brought exclusively in the courts of Shelby County, Tennessee, and you consent to personal jurisdiction in those courts. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these Terms and the English language version, the English language version shall control. In the event of a conflict between these Terms and relevant additional terms, the additional terms shall control.
Reports of Abuse, Trademark Violations & Subpoenas
Currently, all legal reports of abuse or legal violations may be sent electronically to firstname.lastname@example.org. Due to the large amount of mail this account receives, due to spam and various phishing scams on the internet, it is likely that your legitimate email will be missed, overlooked or otherwise automatically moved to "spam" folder and deleted. If you do not receive a response in a timely manner, it is recommended that you send your notice or report by US mail to our registered US mailing address. PLB is not responsible for the delivery or receipt of your email and therefore recommend you do not use email regarding legal matters.