Host Guarantee Terms and Conditions

 

Updated: August 21, 2016

NUFOODI HOST GUARANTEE TERMS AND CONDITIONS

YOU ARE NOT AN INSURED OR OTHER THIRD-PARTY BENEFICIARY UNDER THE NUFOODI INSURANCE POLICY. TO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORDED BY THE NUFOODI HOST GUARANTEE, NUFOODI STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY MEMBER GUESTS OR MEMBER GUESTS’ INVITEES TO THE EVENT NUFOODI OR ITS INSURER DECLINES COVERAGE FOR CLAIMS UNDER THE NUFOODI HOST GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THE NUFOODI HOST GUARANTEE.

 

Nufoodi (hereafter referred to as “Nufoodi”, “we”, “us”, or “our”) provides an online platform that connects hosts (hereafter referred to as “Host”, “you”, or “your”) who create Event or Product Listings for Event, Product, or Meals and/or Product Listings for Products that are made available for reserving by Members (defined below) seeking to book such Event, Product, or Meals (collectively, the “Services”), which Services are accessible at http://www.Nufoodi.com and any other platform through which Nufoodi makes the Services available (collectively, the “Site”) and via applications for mobile devices (collectively, the “Application”). Nufoodi refers to Nufoodi Inc. if you reside in or outside of the USA For purposes of these Host Guarantee Terms and Conditions, “Nufoodi”, “we”, “us” or “our” shall also include, as applicable, Nufoodi’s insurer under the Nufoodi Insurance Policy or Nufoodi’s insurance adjuster.

Whether, as a Host (defined further below) you have posted a single Listing (defined below) on one Nufoodi website or several Event or Product Listings on multiple Nufoodi websites, you may benefit from the Nufoodi Host Guarantee program (the “Nufoodi Host Guarantee”), the terms, limitations and conditions for which are set forth below (the “Nufoodi Host Guarantee Terms”). Please read these Nufoodi Host Guarantee Terms carefully.

YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING AN EVENT OR PRODUCT LISTING OR OTHERWISE USING THE PLATFORM AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE NUFOODI HOST GUARANTEE TERMS. If you accept or agree to these Nufoodi Host Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Nufoodi Host Guarantee Terms and, in such event, “you” and “your” will refer and apply to that company, corporation, trust, Limited Liability Company (LLC) or other legal entity.

YOU MUST COMPLY WITH ALL OF THE REQUIREMENTS AND CONDITIONS IN THE NUFOODI HOST GUARANTEE IN ORDER TO BE ELIGIBLE TO RECEIVE ANY PAYMENTS FOR COVERED LOSSES (DEFINED BELOW). YOUR FAILURE TO FULLY COMPLY WILL PREVENT YOUR RECOVERY FOR ANY COVERED LOSSES.

PLEASE CAREFULLY REVIEW THE DEFINITIONS OF “COVERED EVENT, PRODUCT, OR MEAL,” “COVERED LOSSES,” “COVERED PROPERTY” AND “EXCLUDED PROPERTY” BELOW SO THAT YOU MAY IDENTIFY AND PROTECT PROPERTY NOT COVERED BY THE NUFOODI HOST GUARANTEE.

You acknowledge and agree to use your best efforts to communicate with the Responsible Members (defined below) as soon as possible after you discover any physical loss or damage to your Covered Property. You must notify the Responsible Member Guest about your complaint and attempt to resolve the loss or damage with the Responsible Member Guest. If you and the Responsible Member Guest are unable to come to a resolution within ten (10) days after first contacting the Responsible Member Guest, you should complete and file a Nufoodi Host Guarantee Payment Request Form with Nufoodi as further described in Section V below.

You acknowledge and agree that any amount of Covered Losses payable to you under the Nufoodi Host Guarantee will be reduced by the amounts you have already collected for the same Covered Losses from a source other than the Nufoodi Host Guarantee, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Member Guest or an Invitee (defined below), or other party or an insurer or guarantor of such party.

Except as permitted by law, these Nufoodi Host Guarantee Terms do not affect your statutory rights. If you would like a written copy of the Nufoodi Host Guarantee Terms, please contact Nufoodi at legal@Nufoodi.com.

I. The Nufoodi Host Guarantee

Nufoodi agrees to pay you, as a Host, to repair or replace your Covered Property damaged or destroyed as a result of a Covered Loss, subject to the limitations, exclusions and conditions in the Nufoodi Host Guarantee.

II. Key Defined Terms

The following capitalized terms shall have the following meanings:

Actual Cash Fair Market Value” means the amount it would cost to repair or replace damaged or destroyed Covered Property as a result of a Covered Loss, measured on the date of occurrence of such Covered Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.

Covered Event, Product, or Meal” means an Event or Product Reservation for a location in the Territory that can be used as an event site and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Member Guest’s enjoyment of such Event, Product, or Meal and (ii) listed by you on the Site and reserved by such Responsible Member Guest in compliance with the Nufoodi Terms of Service. A vehicle (including, but not limited to, automobiles, scooters, and motorcycles) or a watercraft (including, but not limited to, boats, yachts, jet skis and similar craft) reserved through the Services constitutes a “Covered Event, Product Sale, or Meal” only to the extent it is stationary and used solely for lodging purposes.

Covered Losses” means and is limited to direct physical loss or physical damage incurred by a Host to Covered Property of such Host located at a Covered Event, Product, or Meal caused by the Responsible Member Guest or an Invitee of the Responsible Member Guest while attending such Covered Event, Product Sale, or Meal reserved by such Responsible Member Guest through the Services. Covered Losses do not include any losses or damage described under Excluded Losses below.

Covered Property” means and is limited to the following property located at a Covered Event, Product, or Meal, or within 1,200 feet thereof, to the extent of your interest in such property, unless such property constitutes Excluded Property (as defined below):

Excluded Losses” has the meaning set forth in Section IV below.

Excluded Property” means any of the following:

  • A. Real property, including new buildings and additions under construction located at the site of such Covered Event, Product, or Meal, in which you have an insurable interest.  

  • B. Real property owned by a party or entity other than you and that you do not control.

  • C. Personal property that is:

    1. not owned by you, but is in your custody and for which you have legal liability for physical loss or damage to the property.

    2. owned by you, including your interest as a tenant in improvements and betterments.

    3. not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage.

  • D. Additional excluded items or property:

    1. Any damage to any property that is not in, at, or on a Covered Event, Product Sale, or Meal.

    2. Animals, including, but not limited to, livestock and pets.

    3. Currency, money, precious metals in bullion form, notes or securities.

    4. Dams, dikes and levees, or any other water control improvement.

    5. Electrical distribution and transmission lines beyond 1,200 feet of the Covered Event, Product Sale, or Meal.

    6. Growing crops of any type, including standing timber

    7. Land, water or any other substance in or on land; including (i) land improvements consisting of landscape gardening, pavements and roadways, and including any fill or land beneath such property, or (ii) water that is contained within any enclosed tank, piping system or any other processing equipment.

    8. Products or property in transit, except as otherwise provided by these Nufoodi Host Guarantee Terms.

    9. Underground mine shafts or mines, or any property within such mine or mine shaft.

    10. Vehicles (including, but not limited to, automobiles, motorcycles and scooters). This exclusion does apply to vehicles that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.

    11. Watercraft (including, but not limited to, aircraft, boats, jet skis, spacecraft, satellites, yachts(and similar craft), . This exclusion does apply to vessels that, at the time of the loss, are in transit, or are moving greater than 10 feet from their usual fixed location and moving faster than one mile per hour.


 

Fine Arts” means antique furniture; antique jewelry; art glass; art glass windows; bric-a-brac; etchings; paintings; pictures; porcelains; printed photos; rare works; sculptures; statues; tapestries; valuable rugs; including but not limited to similar property of artistic merit, historical value, or rarity. “Fine Arts” does not include aircraft, automobiles, coins, collections, furs, jewelry, money, other collectibles, precious stones, precious metals, securities, stamps, or watercraft.

Host” means a Member who has completed Nufoodi’s account registration process, has agreed to the Nufoodi Terms of Service, and who lists his/her Covered Event, Product, or Meal(s) on the Application or Site.

Invitee” means a person invited to be present at a Covered Event, Product, or Meal by a Responsible Member Guest.

Limit” means one million US dollars (US $1,000,000), or its equivalent in the currency where the Covered Event, Product, or Meal is located at the exchange rate applicable on the date of payment by Nufoodi under these Nufoodi Host Guarantee Terms.

Listing” means an available Event Reservation that is listed by a Host as available for reserving via the Application or Site.

Member” means a person who completes Nufoodi’s account registration process or enters a Nufoodi Contest, including, but not limited to Contest Entrants, Coaches, Hosts, Member Guests, Pros, Planners, and Sous Chefs, as described under “Account Registration” in the Nufoodi Terms of Service.

Member Guest” means a Member who has completed Nufoodi’s account registration process, has agreed to the Nufoodi Terms of Service, and who reserves and dines on, at, or in a Covered Event, Product, or Meal for the period of the Listing.

Nufoodi Host Guarantee Payment Request Form” means Nufoodi’s standard form as amended from time to time, accessible through the Site at http://www.Nufoodi.com/legal/NHGF, that a Host uses to request payment from Nufoodi pursuant to these Nufoodi Host Guarantee Terms.

Nufoodi Insurance Policy” means an insurance policy issued by an insurer to Nufoodi pursuant to which Nufoodi is insured against losses arising under the Nufoodi Host Guarantee.

Ordinary Wear and Tear” means the deterioration in condition of real and personal property that occurs under normal use and conditions.

Platform” means the Nufoodi Platform Application, Site and Services provided by Nufoodi.

Reservation Income Loss” is the loss of reservation income from the reserved portion of a Covered Event, Product, or Meal (according to bona fide Nufoodi confirmed reservations, contracts or agreements in force prior to the established time of loss) by you, as a Host, resulting from a Covered Loss. Reservation Income Loss does not include non-continuing charges and expenses or any loss of reservation income during any period in which the Covered Event, Product, or Meal would not have been able to be attended for any reason other than a Covered Loss. The Reservation Income Loss will be measured by Nufoodi’s insurer based on the value of the booked reservations for the event or product at the time of occurrence of the Covered Loss.

Responsible Member Guest” means the Member Guest who made the reservation for a Covered Event, Product, or Meal for the period for which you incurred the Covered Losses for which you request payment under these Nufoodi Host Guarantee Terms.

Territory” means the countries where the Nufoodi Host Guarantee is available, as announced by Nufoodi from time to time.

III. Conditions to the Nufoodi Host Guarantee

UNDER THESE NUFOODI HOST GUARANTEE TERMS, IN ORDER TO BE ELIGIBLE TO OBTAIN PAYMENT, YOU MUST FULLY COMPLY WITH EACH OF THE FOLLOWING CONDITIONS. YOUR FAILURE TO COMPLY FULLY WITH THESE TERMS WILL PREVENT YOUR RECOVERY OF ANY COVERED LOSSES.  IN ALL NUFOODI HOST GUARANTEE CASES, THE ONUS AND RESPONSIBILITY WILL BE UPON THE HOST TO DEMONSTRATE THAT YOU HAVE COMPLIED WITH THE FOLLOWING CONDITIONS:

You must have incurred Covered Losses.

The Covered Losses for which you seek payment must be covered under the Nufoodi Insurance Policy; payment must first be paid to Nufoodi under such Nufoodi Insurance Policy, and Nufoodi in its sole discretion may make its payment of benefits under this Nufoodi Host Guarantee contingent upon the determination that any Covered Losses are covered under the Nufoodi Insurance Policy.

You must have used reasonable efforts in connection with the Event, Product, or Meal of the Responsible Member Guest at such Covered Event, Product, or Meal to comply with Nufoodi’s safety guidelines as described at http://www.Nufoodi.com/safety.

You must inspect the applicable Covered Event, Product, or Meal to determine whether there are any physical losses or damages to any Covered Property and complete and file a Nufoodi Host Guarantee Payment Request Form with Nufoodi within the fourteen (14) days following the date of attendance by the Responsible Member Guest’s at the applicable Covered Event, Product, or Meal.

For all Covered Property damaged or destroyed due to a violation of law or criminal act or misdemeanor; and for which you are filing a Nufoodi Host Guarantee Payment Request Form -- you must file a police report listing such Covered Property and provide Nufoodi with a copy of such report, certified by you as true and correct.

You must provide Nufoodi with proof of ownership of, or legal responsibility for, the Covered Property in the form of documents, photographs, receipts, videos, or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Nufoodi.

You must deliver a signed and sworn proof of loss to us within sixty (45) days after you have incurred the Covered Loss, unless Nufoodi provides a written extension of such deadline. The proof of loss must state your belief and knowledge as to the following:

  • The time, cause and origin of the Covered Loss, and evidence and proof such loss in the form of documents, photographs, receipts, videos,and other verifiable forms of proof.

  • The leasehold, other interest, or ownership, of you as Host and all other parties in the Covered Property for which a Covered Loss is claimed.

  • The Actual Cash Fair Market Value and replacement value of each item of the Covered Property(ies), as well as the current appraised value in the case of Fine Art articles, being the subject of the Covered Loss; and the amount of value of such loss or damage to each item of such Covered Property.

  • All encumbrances, guarantees, liens, mortgages, and all other contracts of insurance, whether valid or not, covering the Covered Property that is the subject of the Covered Loss.

  • Any changes in the  exposure, location, occupation, possession, title, or use of the Covered Event, Product, or Meal since the date of the Listing.

  • The identity of and other information known about the Responsible Member Guest, any Invitee and any other party present at or using the Covered Event, Product, or Meal where the Covered Property is located for which the Covered Loss is claimed on the date of the Covered Loss; and the purpose for which such Covered Event, Product, or Meal was being used by such parties on such date and whether or not it then stood on leased property or ground.

  • The date when you contacted the Responsible Member Guest to request payment for the loss you are claiming, and the date on which the Responsible Member Guest declined or failed to pay for the loss.

 

As part of the sworn and signed proof of loss described above, you must provide Nufoodi with all reasonably requested information by Nufoodi to enable Nufoodi’s insurer and Nufoodi to determine the Actual Cash Fair Market Value with respect to the Covered Property.  This information should include: the condition of such Covered Property; the date such Covered Property was acquired; the original documented purchase price of such Covered Property; and the estimated cost of reconstruction, repair or replacement of such Covered Property.

You must (a) protect and preserve the damaged Covered Property from further loss or damages and (b) promptly separate the damaged from the undamaged Covered Property, put it in the best possible order, and furnish a complete inventory of the damaged, destroyed, lost, and undamaged property showing in detail the Actual Cash Fair Market Value, costs, quantities, and amount of loss claimed.

As often as may be reasonably required, at such reasonable places and times that may be designated by Nufoodi’s insurer or its respective designees, you must:  (a) exhibit all that remains of any damaged Covered Property, and sign the written records and documentations of examination; (b) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (c) permit extracts and machine copies to be made of the above.

You must permit and allow Nufoodi’s insurer or its designee(s) to make detailed inspections of Covered Property at all reasonable times.  However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report(s) will not constitute an undertaking by Nufoodi’s insurer nor Nufoodi to determine or warrant damaged Covered Property is healthful or safe. We will have no liability to you or any other person because of any inspection or failure to inspect.

You must fully cooperate with Nufoodi.  Fully cooperating with Nufoodi includes signing any documents, and responding timely to any reasonable requests by Nufoodi for additional information or documentation Nufoodi or its insurer may require or request to process the applicable Nufoodi Host Guarantee Payment Request Form.

With respect to Covered Property that is subject to: a loan; mortgage; or other security interest -- you as claimant must notify your lender or mortgagee in writing of any loss that exceeds ten thousand US dollars (US $10,000), and provide Nufoodi with a copy of such notice. If the lender or mortgagee notifies you that the lender or mortgagee seeks insurance and/or reimbursement proceeds for the loss, you must notify Nufoodi in writing of the lender/mortgagee’s request and transmit a written copy of said request to Nufoodi, and provide all other information to enable Nufoodi to communicate directly with the lender.  If such loss is determined to be a Covered Loss, Nufoodi or Nufoodi’s insurer will pay the loss benefit(s) to the lender up to the value of the mortgage (subject to the conditions, exclusions, and limitations conditions herein), and we will not pay you the claimant unless and until your monetary obligation to the lender/mortgagee has been satisfied. This condition shall apply to the full extent of applicable law in your jurisdiction.

You will have full rights to the possession and control of damaged Covered Property if proper tests are done to show which property is physically damaged.  You, using reasonable judgment, will decide if the physically damaged Covered Property can be restored or sold.  If you determine that the Covered Property is unfit for restoring or sale, the property will not be sold or disposed of except by you or with your consent.  Proceeds from the disposition or sale of such Covered Property will go to (i) Nufoodi’s insurer at the time of the Covered Loss settlement, or (ii) you if such disposition or sale proceeds are received prior to Covered Loss settlement and such proceeds will concurrently reduce the amount of the Covered Loss payable to you.

 

IV. Exclusions and Limitations

The Nufoodi Host Guarantee pays Covered Losses only and does not pay for any of the following (“Excluded Losses”):

 

  1. losses or damages for Covered Property, which arise out of any one reservation for a Covered Event, Product, or Meal by a Responsible Member Guest, in excess of the Limit.

  2. any and all losses caused by a Member Guest or Invitee after the expiration of the schedule event reservation period shown in the applicable event or product listing.

  3. any and all losses, damages, costs or expenses of whatsoever nature, directly or indirectly, caused by or resulting from any of the following, regardless of any and all other causes or events contributing thereto:

 

    • (i) threatened or actual malicious use of any biological, chemical, or poisonous materials;

 

    • (ii) any dishonest act, including but not limited to theft, committed by you or any person(s) or entity(ies) retained by you to do anything at all in connection with Covered Property;

 

    • (iii) any hostile act, insurrection, rebellion, or act of terrorism or war;

 

    • (iv) contraband, or illegal trade or illegal transportation;

 

    • (v) nuclear radiation or reaction or radioactive contamination by any means;

 

    • (vi) confiscation or seizure by order of any governmental or public authority; including any destruction under custom regulations or quarantine; or

 

    • (vii) lack of electricity, fuel, gas, internet, refrigerant, sewerage, steam, telephone, water, or other utility services due to external causes or factors.

 

  1. any cost or expenses, losses, damages, of whatsoever nature, directly or indirectly, caused by, relating to or resulting from any of the following:

 

    • (i) Excluded Property;

 

    • (ii) animals, including animal boarding, injuries to animals, animal medications and veterinary care, and all other products or services associated with animals;

 

    • (iii) interruption of business, loss of market and/or loss of use, except that the Nufoodi Host Guarantee does cover Reservation Income Loss for the specific event in question;

 

    • (iv) any cost, damage, deteriorations, or losses arising from any and all delay(s);

 

    • (v) identity theft or identity fraud;

 

    • (vi) enforcement of any law or ordinance (a) regulating the construction, removal,  repair, replacement, or use of any property, including removal of debris, or (b) requiring the demolition of any and all property(ies), including the cost of removing any and all of debris related thereto;

 

    • (vii) any unexplained or mysterious disappearance, losses, or disclosed shortages on the taking of inventory, or any unexplained loss of inventory;

 

    • (viii) acts of nature, including, but not limited to, earthquakes, tornadoes, hail storms, hurricanes and any other weather related events;

 

    • (ix) remote or indirect causes;  or

 

    • (x) excessive use of electricity, gas, fuel, water or other utilities provided for the Covered Event, Product, or Meal;

 

  1. Fine Arts, any losses or damages related to Fine Arts; whether or not the Fine Arts cannot be replaced with other of like kind and quality; including any loss or damages from the costs of any repairing, restoration or retouching process such Fine Arts.

 

  1. the following conditions:

 

    • (i) damage caused by animals (pets or otherwise), insects, or vermin;

 

    • (ii) faulty construction, design, material or workmanship from any cause;

 

    • (iii) any latent defect, depletion, deterioration, rust, corrosion or erosion, or baseline entropic inherent vice;

 

    • (iv) bulging, cracking, expansion, settling, or shrinking, of ceilings, floors, foundations, pavements, walls, or roofs;

 

    • (v) changes of relative humidity or temperature; or

 

    • (vi) ordinary wear and tear;

 

provided, that any physical damage resulting from any of the conditions listed above will be covered by the Nufoodi Host Guarantee if not otherwise excluded under the Nufoodi Host Guarantee.

 

  1. any fees that may be charged to a Member Guest by a Host for additional individuals invited to, or otherwise provided access to, the Covered Event, Product, or Meal who are not included in the Member Guest’s reservation for such Covered Event, Product, or Meal.

 

  1. any claims, costs, damages, expenses, losses or other sums directly or indirectly arising out of or relating to fungus, mildew, mold, spores or any other microorganism of any type, nature, or description, including but not limited to any material or substance whose presence poses an actual or potential threat to human health.  

 

This exclusion applies even if any of the following conditions are present:

      1. any physical loss or damage to Covered Property;

      2. any cause or peril covered hereunder, whether or not contributing concurrently or in any sequence;

      3. any and all losses of functionality, occupancy, or use; or

      4. any and all actions required, including but not limited to: abatement, cleanup, disposal, relocation, removal, repair, replacement, or steps taken to address legal or medical concerns.

 

V. Disposition of Host Payment Requests

Nufoodi Host Guarantee Payment Request Form

Nufoodi will complete its processing of any Nufoodi Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed a Nufoodi Host Guarantee Payment Request Form, and (b) provided Nufoodi with all information and materials you are required to provide to comply with the conditions set forth in “Conditions to the Nufoodi Host Guarantee” above.  In any event, we will use commercially reasonable efforts to complete processing of your Nufoodi Host Guarantee Payment Request Form within three (3) months after Nufoodi’s receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under the Nufoodi Host Guarantee, you will be required to execute and deliver to Nufoodi the “Nufoodi Host Guarantee Approved Payment Request Agreement”, which includes your agreement:

 

  1. to assign to Nufoodi or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Member Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request;

 

  1. to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to an Approved Payment Request from the Responsible Member Guest or from an Invitee or from any other party;

 

  1. to release and hold harmless Nufoodi and its insurer and all officers, directors, employees, contractors and agents of Nufoodi from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Nufoodi Host Guarantee Payment Request Form;

 

  1. to treat as “confidential information” the contents and existence of such Nufoodi Host Guarantee Payment Request Form and Approved Payment Request Payment Agreement; and

 

  1. to refund to us any amounts that are erroneously paid to you, from any source, with respect to an Approved Payment Request, such determination by us to be based upon factors including, but not limited to, your actions, documentation in our possession, and police reports, if applicable.

 

The duration of the processing period of any Nufoodi Host Guarantee Payment Request Form that you file will depend on factors including but not limited to:

    1. the completeness and type of documentation and information you provide Nufoodi regarding the Covered Losses;

    2. the location of the Covered Event, Product, or Meal;

    3. the nature of the Covered Property;

    4. the nature of the Covered Losses;

    5. the amount of payment you are requesting for the Covered Loss; and

    6. the current number of Nufoodi Host Guarantee Payment Request Forms being processed for other Hosts.

Approved Payment Request

If you have filed a Nufoodi Host Guarantee Payment Request Form; and such a payment request has been approved in whole or in part for a Covered Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Covered Loss as calculated by Nufoodi’s insurer.  The process for such calculation of Covered Losses is described below under “Determination and Computation of the Amount of the Covered Loss”.  You will be notified by Nufoodi of such Approved Payment Request.  As a condition of payment hereunder, you will be required to deliver to Nufoodi an executed Approved Payment Request Agreement.  Nufoodi may use third-party service providers to assist in the processing of the Nufoodi Host Guarantee Payment Request Forms and Nufoodi’s insurer may use third-party service providers to assist in the computation of adjustment of payment requests and/or investigation relating thereto.

For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either directly to the owner(s) of such Covered Property or to you.  If a Nufoodi Host Guarantee payment for all or a portion of such amount is made directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled.  Furthermore, your indemnification obligations detailed below under the paragraph entitled “Indemnification Clause” will apply to claims arising from any payments made pursuant to the Nufoodi Host Guarantee, including without limitation any and all payments made directly to the owner(s) of any Covered Property.

Determination and Computation of the Amount of the Covered Loss

The amount of Covered Losses is to be determined and computed based upon the date of loss, based upon the location of the loss, and for not more than your interest, subject to the following:

 

  1. If covered, on exposed drawings, films, manuscripts, and records, the value blank plus the cost of copying information from a backup or from originals of a previous generation.  Costs of research, engineering, or restoring or recreating lost information will not be paid.

  2. If covered, on Fine Arts articles, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the article; and (iii) the current appraised value.  If the Fine Arts article is part of a pair or set, you will not be paid (1) for the cost of replacing any match to any  undamaged remaining items that form part of such pair or set, (2) more than the proportion that the loss or damaged item bears to the insured value of such pair or set, or (3) the cost of replacing or repairing any undamaged parts of the Fine Arts articles which form part of a pair, set or suite or part of a common design or function when the loss or damage is restricted to a clearly identifiable area or to a specific part.

  3. For all Covered Property (other than that described in paragraphs A and B above), the loss amount will not exceed the lesser of: (i) the Actual Cash Fair Market Value if such property is not repaired, replaced, or rebuilt on the same or another site within two years from the date of loss; (ii) the cost to rebuild or replace such Covered Property on the same site with new materials of like kind, quality and size; (iii) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Covered Loss; (iv) the cost to repair such damaged Covered Property; or (v) the cost to replace any unrepairable electrical or mechanical equipment, including computer equipment, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has advanced technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement and improvement.

  4. Any amount of any Covered Losses payable under the Nufoodi Host Guarantee will be reduced by the amount already paid to you or for your benefit by a Responsible Member Guest, Invitee or other source (such as an insurer or other responsible party) for the same Covered Loss.

  5. The payment for Covered Losses will be paid in the country’s currency of Nufoodi’s choosing at Nufoodi’s sole discretion.  Currently the primary currency of choice is the currency of the United States of America. If currency conversions are required, we use a system-wide base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).

 

YOU ARE NOT AN INSURED OR OTHER THIRD-PARTY BENEFICIARY UNDER THE NUFOODI INSURANCE POLICY. TO THE EXTENT YOU DESIRE ADDITIONAL PROTECTION BEYOND THE COVERAGE AFFORDED BY THE NUFOODI HOST GUARANTEE, NUFOODI STRONGLY ENCOURAGES YOU TO PURCHASE SEPARATE INSURANCE THAT WILL COVER YOU AND YOUR PROPERTY FOR LOSSES CAUSED BY MEMBER GUESTS OR MEMBER GUESTS’ INVITEES TO THE EVENT NUFOODI OR ITS INSURER DECLINES COVERAGE FOR CLAIMS UNDER THE NUFOODI HOST GUARANTEE OR YOUR LOSS IS NOT OTHERWISE COVERED BY THE NUFOODI HOST GUARANTEE.

VI. Acknowledgments and Agreements by the Host

You acknowledge and agree that:

 

  • The Nufoodi Host Guarantee is a guarantee of obligations of a Responsible Member Guest to you and is dependent upon you pursuing any rights and remedies you may have to recover amounts paid by Nufoodi to you with respect to an Approved Payment Request from the Responsible Member Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request.

  • Nufoodi provides Hosts with the Nufoodi Host Guarantee benefits described herein solely for the purpose of promoting use of the Platform by building customer loyalty and strengthening customer confidence as to use of the Platform.

  • These Nufoodi Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute an insurance contract nor constitute any form of insurance.  The , Nufoodi Host Guarantee Terms do not take the place of insurance obtained or obtainable by you. Furthermore, these Nufoodi Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.

  • The benefits provided under these Nufoodi Host Guarantee Terms are solely as set forth in the paragraph entitled “Nufoodi Host Guarantee” detailed above and such benefits are not transferable nor assignable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.

  • Nufoodi and/or its insurer reserve the right to independently investigate the claim (or to have the claim independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Nufoodi Host Guarantee Payment Request Form that you file with Nufoodi, notwithstanding your delivery of all information and materials that you are required to provide Nufoodi in order to comply with the conditions and terms set forth in the paragraph entitled “Conditions to the Nufoodi Host Guarantee.”

 

You acknowledge and agree by your making a claim under this Host Guarantee, you give Nufoodi consent to review any and all communications between you and the allegedly Responsible Member Guest via the Application, Site, or any other means of paper or electronic communication, whether written or unwritten.

Nufoodi reserves the right, at any time, to offset or deduct from the amounts payable or paid by Nufoodi to you under these Nufoodi Host Guarantee Terms, any amounts that it may have in its possession, or to subsequently collect, from any other person or entity who is obligated to compensate you for damages or losses.

Because these Nufoodi Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with a Member’s claimed Covered Property changes materially in nature or value, Nufoodi will be entitled to exoneration with respect to any potential guaranty obligation under these Nufoodi Host Guarantee Terms.

VII. Modification or Termination of Nufoodi Host Guarantee Terms

To the extent allowable or permissible by applicable law for your jurisdiction, Nufoodi reserves the right to modify or terminate these Nufoodi Host Guarantee Terms, at any time, in its sole discretion, and without prior notice. If Nufoodi terminates these Nufoodi Host Guarantee Terms in accordance with the foregoing, Nufoodi will provide you with notice of such termination and Nufoodi will continue to process all Nufoodi Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Nufoodi Host Guarantee Payment Request Forms will immediately terminate. If Nufoodi modifies these Nufoodi Host Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Nufoodi will continue to process all Nufoodi Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification. By continuing to access or use the Platform as a Host after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Nufoodi Host Guarantee Terms. If the modified Nufoodi Host Guarantee Terms are not acceptable to you, your only recourse is to cease using the Platform as a Host.

In addition to and without limiting Nufoodi’s rights set forth above in the immediately preceding paragraph, Nufoodi reserves the right to modify or terminate these Nufoodi Host Guarantee Terms generally or in any jurisdiction, at any time, in its sole discretion, if: (i) these Nufoodi Host Guarantee Terms are construed as to constitute insurance or to be an offer to insure or constitute an insurance contract or insurance service agreement by any governmental, legal, or regulatory authority in any jurisdiction; (ii) Nufoodi is required to obtain a license or permit of any kind to continue to provide these Nufoodi Host Guarantee Terms in any jurisdiction; or (iii) Nufoodi determines or a court or arbitrator holds that the provisions of these Nufoodi Host Guarantee Terms violate applicable law. If Nufoodi modifies or terminates these Nufoodi Host Guarantee Terms in accordance with the foregoing, Nufoodi will process all Nufoodi Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

Nufoodi’s obligations hereunder are contingent upon the availability of insurance proceeds under the Nufoodi Insurance Policy. The applicable terms and conditions of such policy will be the terms and conditions in effect on the date of the Covered Loss, and not the terms and conditions in effect on the date that the Responsible Member Guest reserved the applicable Covered Event, Product, or Meal or the date on which the Host listed the Covered Event, Product, or Meal. If the policy terms and conditions change in any material respect between the date of the Listing and the time of the Member Guest’s Event, Product, or Meal, Nufoodi will use its best efforts to notify you of the change(s) pursuant to the instructions and procedures set forth above in this section.

VIII. Subrogation

Nufoodi and/or Nufoodi’s insurer have the right to subrogate against any person(s) or entity(ies) whatsoever who allegedly is responsible for causing the damages or losses in question, even if that person or entity is you. Further, Claimant hereby agrees that, with respect to any payments made under the Nufoodi Host Guarantee by or on behalf of Nufoodi, Claimant will assist in and cooperate fully with Nufoodi regarding any and all efforts at subrogation.

IX. Disclaimers and Limitations of Liability

IF YOU CHOOSE TO USE THE PLATFORM AS A HOST, YOU DO SO AT YOUR SOLE RISK. THE NUFOODI HOST GUARANTEE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NUFOODI EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY OTHER WARRANTIES ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING.. NUFOODI MAKES NO WARRANTY THAT THE NUFOODI HOST GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NUFOODI OR THROUGH THE PLATFORM PROVIDED BY NUFOODI WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF AND ACCESS TO THE PLATFORM, AND YOUR LISTING OF ANY EVENT, PRODUCT, OR MEALS VIA THE PLATFORM REMAINS WITH YOU. NEITHER NUFOODI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR (1) PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE NUFOODI HOST GUARANTEE TERMS, (2) FROM THE USE OF OR INABILITY TO USE THE PLATFORM, (3) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, OR (4) FROM YOUR LISTING OF ANY EVENT, PRODUCT, OR MEAL VIA THE PLATFORM. NUFOODI WILL NOT BE LIABLE FOR ANY SUCH DAMAGES DESCRIBED ABOVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER LEGAL THEORY OR PRODUCT LIABILITY., AND WHETHER OR NOT NUFOODI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY OR OTHERWISE SET FORTH HEREIN IS FOUND TO HAVE ESSENTIALLY FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR NUFOODI’S OBLIGATION TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE NUFOODI HOST GUARANTEE TERMS, IN NO EVENT WILL NUFOODI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE NUFOODI HOST GUARANTEE TERMS; (B) YOUR USE OF OR INABILITY TO USE THE PLATFORM INCLUDING, BUT NOT LIMITED TO, POSTING AN EVENT OR PRODUCT LISTING, (C) ANY EVENT, PRODUCT, OR MEAL AND (D) YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY NUFOODI TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($125), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NUFOODI AND YOU. THE ABOVE LIMITATIONS MAY OR MAY NOT APPLY TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION FOR CERTAIN LIMITATIONS OF LIABILITY.

X. General Provisions

Indemnification Clause

You agree to release, defend, indemnify, and hold Nufoodi and its associates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Nufoodi Host Guarantee and these Nufoodi Host Guarantee Terms.

If you rent (rather than own) the Event, Product, or Meal that you list as a Covered Event, Product, or Meal, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Event, Product, or Meal. You are fully responsible for securing the lessor’s permission to list the Event, Product, or Meal with Nufoodi and complying with the scope of any permission granted.

Entire Agreement

These Nufoodi Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Nufoodi and you regarding the Nufoodi Host Guarantee and these Nufoodi Host Guarantee Terms, and supersede and replace any and all prior oral or written understandings or agreements between Nufoodi and you regarding the Nufoodi Host Guarantee.

Assignment

You may not assign or transfer these Nufoodi Host Guarantee Terms, by operation of law or otherwise, without Nufoodi’s prior written consent. Any attempt by you to assign or transfer these Nufoodi Host Guarantee Terms, without such consent, will be null and of no effect. Nufoodi may assign or transfer these Nufoodi Host Guarantee Terms, at its sole discretion, without restriction. Subject to the foregoing, these Nufoodi Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any communications or other notices permitted or required hereunder, including those regarding modifications to these Nufoodi Host Guarantee Terms, will be in writing and given by Nufoodi (i) via e-mail (in each case to the address that you provide) or (ii) by posting to the Application  or via the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such emailed notice is transmitted.

Controlling Law

These Nufoodi Host Guarantee Terms will be interpreted in accordance with the laws of the State of New Hampshire and the United States of America, without regard to its conflict-of-law provisions.

Dispute Resolution

General. You and Nufoodi agree that any dispute, claim or controversy arising out of or relating to these Nufoodi Host Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Application or Site (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and Nufoodi are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Nufoodi otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Nufoodi Host Guarantee Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules & SP”) currently  in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules & SP are available at http://www.adr.org/arb_med or by telephoning the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the enforcement and interpretation of this Section.

Arbitration Process. A Member who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified within the AAA Rules & SP. (The AAA Demand for Arbitration is provided at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased  .The arbitrator will be either a retired attorney or retired judge licensed to practice law in the state of New Hampshire and will be selected by the parties from the AAA’s current roster of consumer dispute arbitrators. If within (10) days of delivery of the Demand for Arbitration the parties are unable to agree upon an arbitrator then an arbitrator will be appointed by the AAA in accordance with the AAA Rules & SP.

Arbitration Location and Procedure. Unless you and Nufoodi otherwise agree, the arbitration will be conducted in the county where you reside. However, if you request the presence of a Nufoodi representative, then the arbitration will be conducted in the county where the Nufoodi representative resides.  If your claim does not exceed $1,000, then the arbitration will be conducted solely on the basis of documents you and Nufoodi submit to the arbitrator, unless the arbitrator determines that a hearing is necessary or you request a hearing . If your claim exceeds $1,000, your right to a hearing will be determined by the AAA Rules & SP. Subject to the AAA Rules & SP, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules & SP. The arbitrator’s decision will include and detail the essential conclusions and findings upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s awarded damages must be consistent with the terms of the “Disclaimers and Limitations of Liability” section above as to the amounts and the types of damages for which a party may be held liable. The arbitrator may award injunctive relief or declaratory relief only in favor of the claimant and only to the extent necessary to provide relief deemed warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorney expenses and fees, to the extent provided under applicable law. Nufoodi will seek, and hereby retains all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Arbitration Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules & SP. However, if your claim for damages does not exceed $75,000, Nufoodi will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification or Termination of Nufoodi Host Guarantee Terms” section above, if Nufoodi changes this “Dispute Resolution” section after the date you first accepted these Nufoodi Host Guarantee Terms (or accepted any subsequent changes to these Nufoodi Host Guarantee Terms), you may reject any such change by sending us written notice (including by email to legal@Nufoodi.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Nufoodi’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Nufoodi in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Nufoodi Host Guarantee Terms (or accepted any subsequent changes to these Nufoodi Host Guarantee Terms).

Waiver and Severability

The failure of Nufoodi to enforce any right or provision of these Nufoodi Host Guarantee Terms will not constitute a waiver of future enforcement of that term, provision or right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Nufoodi. Except as expressly set forth in these Nufoodi Host Guarantee Terms, the exercise by either party of any of its remedies under these Nufoodi Host Guarantee Terms will be without prejudice to its other remedies under these Nufoodi Host Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Nufoodi Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum permissible extent and the other terms and provisions of these Nufoodi Host Guarantee Terms will remain in full force and effect.

XI. Contacting Nufoodi
If you have any questions about these Nufoodi Host Guarantee Terms, please contact Nufoodi at legal@Nufoodi.com.