TERMS AND CONDITIONS

Effective Date: May 25, 2023

Please Read These Terms and Conditions of Use Carefully Before Downloading, Accessing, or Using any Shaken & Stirred Catered Events Online Service

These Terms and Conditions of Use (these “Terms and Conditions”) apply to your access to, and use of, any website, mobile application, or online service or program (collectively, the “Online Services”) of Fork Hospitality, LLC and its affiliates including but not limited to:

Fork Hospitality LLC dba Elm City Social

Fork Hospitality 2 LLC dba Olives and Oil

Fork Hospitality 3 LLC dba Shaken & Stirred Catered Events

Fork Hospitality 4 LLC dba Olives and Oil Pizzeria

TJs Rocky Hill LLC dba Tomato Joe’s

TJs Restaurant Group LLC dba Mama Luke’s

Fork Hospitality Ecomm LLC dba New England’s Finest

Fork Hsopitality Marketing LLC dba Smallbatch Cocktail Co

TJs IP LLC

(collectively, “Fork Hospitality”, “we” and “us”) where these Terms and Conditions are posted or linked. These Terms and Conditions are a legal and binding agreement between you and Fork Hospitality. These Terms and Conditions govern your use of the Online Services, which include the programs, content, information, services, and features made available through the Online Services. Your use of the Online Services is at your risk. If you are dissatisfied with the Online Services in any way, its programs, contents, or features, or these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Online Services.

Modifications to Terms and Conditions

Fork Hospitality reserves the right at any time to update, change, modify, or revise these Terms and Conditions. Any changes will become effective upon posting the changes, modifications or revisions to the Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and Conditions. Your continued access to or use of the Online Services after any such changes indicates your acceptance of the Terms and Conditions as modified. It is your responsibility to review the Terms and Conditions regularly for updates.

Online Services Usage

The Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to Fork Hospitality and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions, Fork Hospitality grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for noncommercial purposes only. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials.

Fork Hospitality may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any Online Service, or any portion thereof; (2) change, revise, or modify the Online Services, Materials, or any portion thereof; (3) interrupt the operation of the Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the Online Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.

Use of Site

You agree to use the Online Services, Materials, and programs, features and services in accordance with these Terms and Conditions and all applicable laws and regulations. You agree not to:

modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials;

use the Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;

attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;

use the Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;

use the Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;

use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual proccess

use any device, software, or routine to interfere with the proper working of the Online Services or with any other person’s use or enjoyment of the Online Services;

transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;

circumvent any security or authentication measures implemented by or on behalf of Fork Hospitality;

post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;

submit or post any false or misleading information

Submissions

Except for any personally identifiable information Fork Hospitality may collect from you under the guidelines established in our Privacy Policy (“Policy”), any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through the Online Services, via email, via phone, or otherwise; will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

Fork Hospitality may, but shall not be obligated to, in our sole discretion, post any Submission on the Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation. You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge. You agree that your Submissions comply in all respects with these Terms and Conditions and shall not be made on behalf of any person or entity without their prior written consent.

Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to provide true, accurate, current, and complete information about yourself, and maintain and promptly update your information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Fork Hospitality immediately of any unauthorized use of your login, or any other breach of security. You may not use anyone else’s login at any time without their express written permission. Fork Hospitality shall not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Fork Hospitality’s Privacy Policy applies to use of the Online Services, and its terms are made a part of these Terms and Conditions by this reference. By accessing and using the Online Services you agree to be bound by our Policy.

Trademark Information and Ownership of Intellectual Property

Fork Hospitality brands include some with registered trademarks and/or service marks in the United States. The Online Services, Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Online Services (collectively, the “Intellectual Property”) are owned by or licensed to Fork Hospitality with all rights reserved unless otherwise noted.

Fork Hospitality does not permit third parties to use the Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

Nothing contained on the Online Services should be construed as granting, by implication, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. You are strictly prohibited from using any of the Intellectual Property except as expressly provided in these Terms and Conditions. You are also advised that Fork Hospitality will enforce its intellectual property rights fully, including seeking criminal prosecution.

Digital Communications

When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Online 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions. When you submit an order using the Online Services, we may send you an email confirming the details of your order. By submitting an order, you affirmatively agree to receive such email. You must be at least 18 years of age or older to place an order through the Online Services, or otherwise under the supervision of an adult or guardian.

Limitations of Liability

In no event shall we or any of our providers be liable to any person for damages of any kind, under any legal theory including, but not limited to, direct, indirect, special, punitive or other damages resulting from your use or inability to use the online services, programs, features and materials made available through the online services.

No Warranties

Fork Hospitality makes no representations or warranties regarding the Online Services and Materials. We do not warrant that the online services or materials will be error-free, uninterrupted or free of viruses or other harmful components or that defects will be corrected.

International Users and Choice of Law

The Online Services are controlled, operated, and administered by us and our service providers from offices within the United States. We make no representation that Materials on the Online Services are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Online Services or export Materials in violation of U.S. export laws and regulations. If you access the Online Services from locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions and our Policy shall be governed by the laws of the State of Connecticut.

Violation of These Terms and Conditions

You agree that Fork Hospitality may, in its sole discretion and without prior notice, block and/or terminate your access to any or all the Online Services if we determine that you have violated these Terms and Conditions or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions constitutes an unlawful and unfair business practice, and will cause irreparable harm to Fork Hospitality. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Fork Hospitality takes legal action against you because of your violation of these Terms and Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Fork Hospitality.

Entire Agreement, Claims Limitations, and Severability

These Terms and Conditions, together with our Policy and any other applicable terms included within the Online Services, and/or Materials, programs, features, and services made available through the Online Services, as each is currently posted on the Online Services, constitute the entire agreement between us and you with respect to your use the Online Services and Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter.