Terms of Use

These Terms of Use and Service (“Terms”) govern your access to and use of our products and services, including our various websites, SMS, APIs, email notifications, applications, widgets, ads, commerce services, food items, packaging materials, labels, and our other covered services, and any information, text, links, graphics, photos, audio, videos, dishes, ingredients, or other materials, uploaded, downloaded, delivered, shipped, or appearing on the Services (tangible and intangible alike). By using the Services you agree to be bound by these Terms.

1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with Roospark and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

2. Privacy
Our Privacy Policy (https://www.roospark.com/Privacy.html) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

3. Assumption of Risk and Waiver of Liability
In consideration of the above, User/Customer/Consumer assumes all risks associated with the preparation of food products supplied under this Terms of Use Agreement, including matters of health, risks, and safety associated thereof. You, the User/Customer/Consumer, do hereby release, waiver, discharge, and covenant not to sue Roospark, our respective Owners, representatives, officers, employees, helpers and agents from liability from any and all claims including the negligence of Roospark, our reresentartives, respective officers, employees and agents, resulting in personal injury, accident, adverse or allergic reaction, or illness, including death and property loss arising from any and all food products provided under this Terms of Use Agreement.

4. Indemnification and Hold Harmless
You, the User/Customer/Consumer, agree to INDEMNIFY and HOLD Roospark and their respective owners, officers, employees, drivers, and agents HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees brought as a result in my negligence in the preparation or delivery of food products served under this Agreement and to reimburse them for any such expenses incurred.

5. Severability
You, the User/Customer/Consumer, further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as permitted by the law of the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

6. Acknowledgement of Understanding
You, the User/Customer/Consumer, have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that You, the User/Customer/Consumer, are giving up substantial rights, including your right to sue. By using Roospark website and recipt of food services, you agree freely and voluntarily to a complete and unconditional release of all liability as relates to these Terms of Use Agreement to the greatest extent allowed by law.

7. General
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via an email notification or text message. By continuing to order or use Our Food Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Roospark’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Roospark, 539 W. Commerce St Ste 7527, Dallas TX 75208, U.S.A. If you have any questions about these Terms, please contact us.

Effective: August 27, 2022



ALLERGEN WARNINGS

1. Our items are cooked to order and may be served raw or undercooked. Consuming raw or undercooked eggs, meats, poultry, seafood, or shellfish, may increase the risk of foodborne illness.
2. Our meals contain products with peanuts, tree nuts, soy, milk, eggs and wheat. While we take steps to minimize the risk of cross-contamination, we cannot guarantee that any of our products are safe to consumer for people with peanut, tree nut, soy, milk, egg or wheat allergies.
4. Our baked goods may contain nuts. We cannot guarantee the absence of cross-contamination in our baked foods.
5. Our meals are cooked in the kitchen that uses major food allergens, such as wheat, gluten, eggs, egg shells, nuts, tree nuts, soy, peanuts, fish, shellfish, milk and sulfites. AVOID contact (self or other individuals with you) with any of our items if predisposed or diagnosed to any allergy.

We DO NOT assume liability for adverse reactions to foods consumed, or items purchased from our website that ANY ONE may come into contact with.

Anybody with food allergies or food poisoning are advised to contact 911 immeadiately.

We have made an effort to ensure that the information provided here is accurate and are dedicated to preparing a meal that meets your restricted diet. Because of our reliance on suppliers for accurate information, the shared cooking and preparation areas of our kitchens and the handcrafted nature of our menu items, we cannot completely eliminate the risk of cross-contact or declare that any item is free of any allergen.
DISCLAIMER:

This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.

Your access to and use of the Services (for example, but not limited to food purchasing services, cooking-preparation services, delivery services, ordering services, consultation services) are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “Roospark Entities” refers to Roospark, its owners, contractors, suppliers, drivers, parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE ROOSPARK ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Roospark Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your property, health, computer system, or other harm that results from your access to or use of the Services; (iii) the failure to provide, deliver or ship the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Roospark Entities or through the Services, will create any warranty or representation not expressly made herein.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROOSPARK ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF HEALTH, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR INGREDIENTS OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR REQUEST.