Welcome to The Forked Spoon LLC (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of https://theforkedspoon.com (the “Site”), including all content, functionality, and services offered on or through the Site, such as membership subscriptions and member-only content (collectively, the “Services”).
By using the Services or purchasing a membership, you agree to these Terms. If you do not agree, do not use the Services.
1) Intellectual Property
All recipes, photographs, graphics, logos, videos, text, and other materials on the Site (the “Content”) are owned by Company or our licensors and are protected by intellectual property laws. You may view and print Content for personal, non-commercial use only. You may not copy, reproduce, distribute, publicly display, create derivative works from, or otherwise use the Content for commercial purposes without our prior written permission. All trademarks, service marks, and trade dress are the property of their respective owners.
2) Permitted Use
You agree to use the Services only for lawful purposes and consistent with these Terms. You will not:
- violate applicable laws or regulations
- infringe the rights of others
- interfere with or disrupt the operation or security of the Services
- attempt to gain unauthorized access to any portion of the Services or related systems
- upload or transmit malware, viruses, or other harmful code
- use bots, scrapers, crawlers, or similar automated means to access the Services or extract data (including content, metadata, or user interactions) except as permitted by a public robots.txt
- harvest, sell, license, or contribute any Site content, user interactions, or metadata to data brokers, advertising exchanges, or AI/model-training datasets
- circumvent or interfere with our consent tools, privacy controls, or access restrictions
We may suspend or terminate access to the Services for any violation of these Terms.
3) Accounts and Memberships
Certain features, including member-only content, require an account through our membership provider Memberful. You are responsible for your login credentials and for all activity under your account. Provide accurate, current information and update it as needed.
- Billing and Cancellation. Memberships are billed on a recurring basis until canceled. You may cancel at any time in your Memberful dashboard; access remains through the end of the paid period.
- Third-Party Terms. You agree to the Memberful Terms of Service and Privacy Policy, our payment processor’s terms (e.g., Stripe Services Agreement and Stripe Privacy Policy), in addition to ours.
- Termination. We may suspend or terminate your account or access to member-only content if you violate these Terms or misuse the Services.
4) User Contributions
If you submit comments, reviews, photos, recipes, or other content (“User Content”), you represent that you own or have rights to submit it and that it does not violate any laws or third-party rights. You grant Company a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display your User Content in connection with operating and promoting the Services. We may moderate, remove, or edit User Content at our discretion.
5) Affiliate Disclosure
Some links on the Site are affiliate links, which means we may earn a commission if you purchase through those links. The Forked Spoon LLC participates in the Amazon Services LLC Associates Program and other affiliate programs.
6) Disclaimers: Recipes, Health, and Allergen Information
The Site provides cooking information for home use only. Results vary based on ingredients, equipment, and technique. Nutritional data and allergen statements are estimates and are not a substitute for professional advice. The Services do not provide medical, nutrition, or safety advice. Use reasonable care and follow applicable food-safety guidelines. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of accuracy, fitness for a particular purpose, and non-infringement.
7) Limitation of Liability
To the maximum extent permitted by law, Company will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, goodwill, or replacement costs, arising out of or related to your use of the Services.
Except for the Excluded Claims below, our total liability for all claims relating to the Services will not exceed the greater of: (a) the amounts you paid to Company, if any, for access to or use of the Services in the 12 months before the event giving rise to liability; or (b) 100 U.S. dollars ($100).
Excluded Claims. The limitations above do not apply to liability that cannot be limited under California law, including liability for fraud, willful misconduct, violations of law where liability cannot be waived, or injury to the person.
8) Indemnification
You agree to indemnify and hold harmless Company and our officers, employees, and affiliates from and against claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of your User Content, your use of the Services, or your violation of these Terms or applicable law.
9) Third-Party Services and Links
The Site may link to or integrate third-party services, sites, and tools (including Memberful, Raptive, Flodesk, analytics, ad tech, and payment processors). We are not responsible for third-party content, privacy practices, or functionality. Your use of third-party services is at your own risk and may be governed by separate terms and policies.
10) Privacy; Consent to Data Practices
These Terms incorporate our Privacy Policy (see the link in our footer). The Privacy Policy explains what personal information we collect, how we use and share it, and your choices, including “Do Not Sell or Share” and any “Limit Use of Sensitive Personal Information” options where applicable. For activities requiring consent, such as certain cookies or trackers in the EU or UK, we request consent through our on-site tools. You can withdraw consent or change preferences at any time using the controls described in the Privacy Policy.
Consent to Site Analytics and Communications Tools. To operate, secure, and improve the Services, we may use first-party and third-party tools (for example, analytics, session-replay, and anti-fraud technologies) that may log interactions on the Site. By using the Services after being presented with our consent tools, you give us and our Service Providers permission to collect and analyze such interactions as described in our Privacy Policy. You may change your preferences or opt out where offered via the controls described in the Privacy Policy.
11) Dispute Resolution and Arbitration Agreement; Class-Action Waiver
Agreement to Arbitrate. You and Company agree that any dispute or claim between you and Company arising out of or relating to the Services, these Terms, or our relationship (collectively, “Disputes”) will be resolved by binding arbitration on an individual basis, not in court, except that (a) either party may bring qualifying claims in small-claims court, and (b) either party may seek injunctive or other equitable relief in court to protect its intellectual-property rights.
California Public-Injunctive Relief. Nothing in this Arbitration Agreement prevents you from seeking public injunctive relief in court where required by applicable law. If a court determines a claim for public injunctive relief must proceed in court, the parties agree to stay that claim pending arbitration of all arbitrable issues.
Pre-Arbitration Notice and Informal Resolution. Before starting arbitration, the initiating party must send written notice describing the claim to:
The Forked Spoon LLC
3941 Park Drive #20-604
El Dorado Hills, CA 95762
or jessica@theforkedspoon.com.
The parties will attempt in good faith to resolve the Dispute informally for 30 days.
Forum and Rules. Arbitration will be administered by JAMS pursuant to its Consumer Arbitration Minimum Standards and applicable Streamlined or Comprehensive Rules, as modified by this section. If JAMS is unavailable, the parties will select another widely recognized provider such as AAA that offers comparable consumer protections. Hearings may be remote, on written submissions, or in person at a mutually agreed location in El Dorado County, California.
Mass or Batch Filings. If 50 or more similar consumer arbitration demands are filed against us by the same or coordinated counsel within 30 days, the parties agree that JAMS will administer those matters under its Mass Arbitration Procedures and applicable Consumer Minimum Standards, including any fee allocation, batching, and bellwether processes those procedures provide. If JAMS declines or is unavailable, the parties agree that the AAA Mass Arbitration Rules and Consumer Fee Schedule will apply, including any associated fee caps and batching/bellwether processes. Nothing in this provision authorizes class or collective arbitration.
Fees and Costs. For consumer claims, your filing fee will not exceed the amount permitted by JAMS’s Consumer Minimum Standards. Company will pay remaining arbitration fees. The arbitrator may award attorneys’ fees and costs only if authorized by applicable law.
Authority of Arbitrator; Judgment. The arbitrator has exclusive authority to resolve all issues of arbitrability and to award individual relief available in court. The arbitrator will issue a written award, and judgment may be entered in any court of competent jurisdiction.
Class-Action Waiver. Disputes must be brought in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, private-attorney-general (non-representative), or consolidated proceeding. If this waiver is found unenforceable as to a claim, that claim must proceed in court rather than arbitration.
Time to Bring Claims. To the extent permitted by law, any claim must be filed within two (2) years after it accrued.
Third-Party Beneficiaries (Limited). This Arbitration Agreement also benefits our affiliates and, solely for purposes of enforcing this Arbitration Agreement, our service providers and vendors. No other third party has rights under these Terms.
Severability and Survival. If any part of this Arbitration Agreement is found unenforceable, the remainder will still apply. This section survives termination.
This Arbitration Agreement applies to Disputes that accrued before you agreed to these Terms.
12) DMCA; Reporting Infringement
If you believe your copyrighted work has been used on the Site in a way that constitutes infringement, please send a takedown notice with details to jessica@theforkedspoon.com. We respond to notices consistent with applicable law.
13) Changes to the Services
We may modify or discontinue all or any part of the Services at any time. We are not liable to you or any third party for any modification, suspension, or discontinuation.
14) Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date. Your continued use of the Services after changes become effective constitutes your acceptance.
Electronic Communications. You consent to receive notices and disclosures from us electronically (e.g., email, in-product messages, or on-site banners) and agree such communications satisfy any legal requirement that they be in writing.
15) Eligibility; Geographic Restrictions
You represent you are at least 13 years old, or the applicable minimum age of digital consent in your location, and have the legal capacity to agree to these Terms. We are based in the United States and do not represent that the Services are appropriate or available in other locations. Access from jurisdictions where the Services are illegal is prohibited.
16) Governing Law; Venue for Small-Claims and IP Claims
These Terms are governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of California without regard to conflict-of-laws principles. Venue for any small-claims action and for court actions seeking injunctive relief to protect intellectual property will be in the state or federal courts located in El Dorado County, California, and both parties consent to personal jurisdiction there for such matters.
17) General Terms
These Terms are the entire agreement between you and Company regarding the Services and supersede prior agreements on the same subject. If any provision is held invalid, the remainder will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
18) Contact
Questions about these Terms: jessica@theforkedspoon.com
These Terms of Service were last updated on October 29, 2025.
