This website (www.foodieforall.com) and the related mobile sites (collectively, the "Sites") are operated by Foodie For All. Throughout the Sites, the terms “we”, “us” and “our” refer to Foodie For All. Foodie For All offers the Sites, including all information, tools and services available from the Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Sites and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the Sites. By accessing or using any part of the Sites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of the Terms of Service, then you may not access the Sites or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Sites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Sites and/or Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US, NO MATTER WHEN ARISING OR ASSERTED, THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND US EACH WAIVE THE RIGHT TO A TRIAL BY JURY. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE WOULD BE IN COURT. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST US, WHETHER NOW PENDING OR FILED IN THE FUTURE. BY ENTERING THE TERMS SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
We are an online marketplace that connects clients needing catering services with third-party restaurants engaged within our network and displayed on our Sites (the “Restaurants”). You may order food through the Sites to be delivered from particular Restaurants or other purveyors of food in cities throughout the United States and other territories where we provide Services.
We are not a restaurant or food preparation entity. The Restaurants available on our Site operate independently of us. The Restaurants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. We are not liable or responsible for Restaurants' food preparation or safety and we do not verify their compliance with all applicable laws. In addition, we do not guarantee the quality of what the Restaurants provide, nor do we guarantee the services provided by them. We do not independently verify, and are not liable for, representations made by our Restaurants regarding their food, including, without limitation, any menu- or restaurant-level descriptors, disclosures, photographs or images displayed through the Sites reflecting the food prepared by the Restaurants. By accessing the Sites, you agree and acknowledge that the Restaurants are solely responsible for, and we shall not be liable or responsible for, the products provided to you by any Restaurant, nor shall we be responsible for any acts, omissions, errors or misrepresentations made by any Restaurant.
You may only use the Sites if you can form a binding contract with us. You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account. You are prohibited from using the Sites if you are under the age of 13. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services and use of the Sites.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Sites through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.
Prices for our products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or usage of the Sites.
Certain products and services may be available exclusively online through the Sites. We have made every effort to display as accurately as possible the colors and images of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Sites is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We may also, in our sole discretion, make perks or other promotional offers with different features and different rates available to any or all of our users. Unless made available to you, these perks and promotional offers will have no bearing on your obligation to pay the amounts charged. For more information on these offers, please see the “Perks” section below.
We reserve the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time, and further reserves the right to consolidate or merge certain fees and charges with respect to the Service. We will take reasonable steps to inform you of fees, taxes, and surcharges that may apply to your use of the Services, but you agree that you are responsible for the full payment of all such fees, taxes, and surcharges arising from your use of the Sites. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third-party login. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. Your voluntary provision to us of your cell phone number represents your consent that we may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from us at any time.
Except the User Content (detailed below), the Sites and everything on them, including but not limited to text, photos, videos, graphics and software, (collectively, the "Materials") are owned by or licensed to Foodie For All. The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Foodie For All or other third parties. You are not permitted to use the Marks without the prior written consent of Foodie For All or such third-party that may own the Marks. We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by the Terms of Service and subject to all the terms and conditions of the Terms of Service, all applicable intellectual property laws, and any additional notices or restrictions contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third-party proprietary content on the Sites without the express written permission of Foodie For All or the appropriate third-party owner, as applicable. Any rights not expressly granted herein are reserved by us and our licensors. If you download any software from the Sites, you shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
Certain content, products and services available via our Sites and Service may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries), use the Sites’ features such as user reviews, saved favorites, liked items and bookmarked restaurants or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Sites including, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a user, textual, visual, or audio content and information, whether transmitted via the Sites, text or multimedia message, or otherwise ("User Content"). You grant Foodie For All an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content on the Sites and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You further grant Foodie For All a license to use your username and/or other user profile information, including without limitation, your review history and how long you have been a member of Foodie For All, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. User Content transmitted to certain parts of the Sites, including, without limitation, restaurant pages and certain interactive areas, may be posted in public areas on our Sites, including without limitation in a compilation format, and publicly visible and accessible. Foodie For All and its officers, directors, interns and employees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not:
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. The Sites may allow you to rate and post reviews of restaurants and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of the Terms of Service. Your Review must also comply with all applicable laws, rules, and regulations, including without limitation the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (which may be found at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf), including that your Review must disclose any “material connection” you may have with us or the restaurant. Ratings and Reviews do not reflect the views of the Sites or Foodie For All. We maintain a high level of integrity with our Ratings and Reviews and other User Content. All Ratings and Reviews must be legitimate. Any Rating and/or Review that we determine, in our sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the Ratings and Reviews, the Materials and/or the Sites may be removed without notice.
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, access the link at www.foodieforall.com/home/privacypolicy.
Occasionally there may be information on the Sites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Sites is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Sites, should be taken to indicate that all information in the Service or on any related Sites has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related Sites, other websites, or the Internet; (l) use the Sites or Services in any manner that could damage, disable, overburden, and/or impair the Sites, any of our servers, or the network(s) connected to any of our servers, and/or interfere with any other party's use and enjoyment of the Sites or Services; or (m) disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including, without limitation, those of our business partners). We reserve the right to terminate your use of the Service or any related Sites for violating any of the prohibited uses.
We agree to defend, indemnify, and hold you harmless from and against any and all damage, losses, liabilities, costs, fines, penalties, judgments, and expenses (including but not limited to attorneys’ fees, court costs, and the costs of any investigations) of any kind (collectively, “Losses”) arising from or in connection with any claims, demands, disputes, suits, proceedings, or investigations (collectively, “Claims”) which arise from or in connection with allegations concerning our misconduct or negligent acts, errors or omissions in performing Services on your premises that are a direct cause of any injury or death to persons, or damage to or loss of property, except to the extent caused by you or the owner of your premises.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all Losses arising from or in connection with any third-party Claims which arise from or in connection with the gross negligence or willful misconduct of you or the owner of your premises arising from us performing Services on your premises.
At all times during our performing Services on your premises, we shall carry and maintain, in full force and effect, at our sole cost and expense, the liability insurance policies in an amount of at least $1,000,000 per occurrence (unless higher limits required by law or statue) bodily injury and property damage liability; and $2,000,000 in the aggregate and Worker’s Compensation for us and all of our employees providing Services to you on your premises. We agree to provide you with certificates and endorsements of insurance evidencing the policies listed above within ten (10) business days of your written request.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, CURRENT, COMPLETE, CORRECT OR RELIABLE; INCLUDING WITHOUT LIMITATION, THE QUALITY OF A DELIVERY ORDERED ON THE SITES, YOU (AND NOT FOODIE FOR ALL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR OTHER CONTENT ON THE SITES YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE ARE A FACILITATOR OF SERVICES – NOT A PROVIDER OF SERVICES OR PREPARED FOOD. MORE SPECIFICALLY, WE HAVE CREATED A MARKETPLACE FOR PREPARED FOOD BY BRINGING TOGETHER CUSTOMERS AND A SELECT GROUP OF RESTAURANTS. WE ENABLE POTENTIAL CUSTOMERS TO SEARCH FOR RESTAURANTS AND RESTAURANTS’ MEAL POSTINGS FOR THE PURPOSE OF BUYING PREPARED FOOD SERVICES. IT IS IMPORTANT FOR YOU TO UNDERSTAND THAT WE DO NOT CONTROL OR ENDORSE ANY OF OUR SITE RESTAURANTS. NOR DO WE DETERMINE WHICH FOODS, INGREDIENTS OR THEIR LEVEL OF FOOD QUALITY THAT SHOULD BE MADE AVAILABLE FOR SALE THROUGH THE SITE. AS SUCH, THE RESPONSIBILITY IS WHOLLY YOURS TO TAKE THE NECESSARY MEASURES TO PROTECT YOUR HEALTH AND SAFETY. WE CANNOT ASSURE THE GOOD INTENTION OF ANY SITE USER. LIKEWISE, WE ARE NOT IN A POSITION TO IDENTIFY THE INGREDIENTS THAT MAY CAUSE ALLERGIC REACTIONS FOR THOSE WITH FOOD ALLERGIES. WE MERELY ARE A FACILITATOR, BRINGING TOGETHER RESTAURANTS AND THOSE WISHING TO PURCHASE PREPARED FOOD SERVICES. SITE USERS CONCERNED WITH FOOD ALLERGIES NEED TO BE AWARE OF THIS RISK AND MUST UNDERSTAND THAT WE IN NO WAY SCREEN THE INGREDIENTS, HEALTH FACTORS, OR QUALITY OF ANY PREPARED FOOD OFFERED THROUGH THE SITE, WWW.FOODIEFORALL.COM.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE TO YOU AND/OR ANY THIRD-PARTY (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) AND/OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, AND/OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, AND/OR ANY OTHER LOSS AND/OR INJURY THAT RESULTS FROM THE USE OF, AND/OR THE INABILITY TO USE, THE SITES, THE MATERIALS, USER CONTENT AND/OR ANY OTHER CONTENT ON THE SITES (INCLUDING WITHOUT LIMITATION RELATING TO ANY PRODUCTS AND/OR SERVICES ACCESSED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITES), EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OTHER LOSS AND/OR INJURY. YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) WE ARE NOT A RESTAURANT OR FOOD PREPARATION ENTITY; (II) WE DO NOT CONTROL OR ENDORSE ANY RESTAURANTS, OR ACCEPT RESPONSIBILITY FOR ANY PREPARED FOOD, ITS QUALITY, OR ANY PHYSICAL HARM SUCH PREPARED FOOD MAY CAUSE; (III) ANY DEALINGS YOU MAY HAVE WITH SITE RESTAURANTS OR BUYERS ARE AT YOUR OWN RISK; WE WILL NOT BE LIABLE FOR ANY PHYSICAL INJURY, OR ANY OTHER LOSS WHATSOEVER, RESULTING FROM YOU DEALINGS WITH OTHER SITE USERS, INCLUDING AS A RESULT OF FACE-TO-FACE MEETINGS WITH SITE RESTAURANTS; (III) WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY PREPARED FOOD OR SERVICES OFFERED BY SITE USERS THAT IS UNHEALTHY OR THAT IS THE CAUSE OF ANY INJURY. WE CANNOT POSSIBLY MONITOR THE QUALITY, NUTRITIONAL AND HEALTH FACTORS ASSOCIATED WITH FOOD PREPARED BY THE SITE RESTAURANTS; (IV) THE SALE AND DISTRIBUTION OF FOOD, AND ESPECIALLY PREPARED FOOD, MAY BE GOVERNED BY VARIOUS INTERNATIONAL, FEDERAL, STATE AND LOCAL LAWS, RULES, REGULATIONS AND STANDARDS PERTAINING TO THE PREPARATION, SALE, AND MARKETING OF FOOD, INCLUDING, WITHOUT LIMITATION, FOOD PREPARATION AND SAFETY AND MENU DISCLOSURE. WE ARE NOT LIABLE OR RESPONSIBLE FOR RESTAURANT FOOD PREPARATION, MENU DISCLOSURE OR SAFETY AND WE DO NOT VERIFY RESTAURANT COMPLIANCE WITH ALL APPLICABLE LAWS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.
YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THE TERMS OF SERVICE ARE MATERIAL, BARGAINED-FOR BASES OF THE TERMS OF SERVICE, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY HEREUNDER AND IN THE DECISION BY EACH PARTY TO ENTER INTO THE TERMS OF SERVICE. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY HEREUNDER ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITES AND SERVICES, WHICH YOU MAY DO AT ANY TIME.
By participating in perks, which includes all promotions, discounts, coupons or loyalty programs available on the Sites (collectively, “Perks”), you agree to thew Terms of Service and the additional Perks Terms of Service. Please note, we may also give you the option on the Sites to register with a specific restaurant’s promotional or loyalty programs that are not operated by or associated with us or Perks. If you do register with the restaurant’s promotional or loyalty program, you understand that you may be required to agree to additional terms and conditions provided by the restaurant and/or you may be directed to a third-party website. You also understand that you will need to contact the restaurant separately if you have any questions regarding your participation in their promotional or loyalty program and/or cancellation of your account with them directly. We do not own, operate or otherwise control such separate restaurant promotional or loyalty programs and therefore shall have no liability for those separate programs, including without limitation your participation therein.
We respect the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide our Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
Please send this notification to our copyright agent at: Law Offices of Stanley Underwood North III LLC 8 Wind Ridge Drive, North Caldwell, New Jersey 07006.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Sites, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to indemnify, defend and hold harmless Foodie For All and our affiliates, business partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms of Service for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the Sites. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate the Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM US AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT.
I. Informal Dispute Resolution Procedure.
There might be instances when a Dispute (as defined below) arises between you and us. In those instances, we are committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each other’s concerns. Therefore, for any Dispute that arises between you and us, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account to the following email
address: disputeresolution@foodieforall.com. Your written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. Your written description must be personally signed by you. For any Dispute that we raise, we will send our written description of the Dispute to the email address associated with your account.
You and we then agree to negotiate in good faith about the Dispute. This might include an informal telephonic dispute resolution conference between you and us if such a conference is requested by us. If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of the complete written description of the Dispute, you and we agree to the further dispute resolution provisions below.
To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.
II. Mutual Arbitration Agreement.
You and we agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of the Terms of Service or payments by or to us, or that in any way relate to your use of the Sites, the Materials, the Services, and/or other content on the Sites, your relationship with us, or any other dispute with us, (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Dispute”) shall be submitted exclusively to binding arbitration. Dispute shall have the broadest possible meaning. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior agreement as well as claims that may arise after the termination of the Terms of Service. This Mutual Arbitration Agreement is intended to be broadly interpreted.
Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights. [For clarity, this “Dispute Resolution” section does not alter, amend, or affect any of the rights or obligations of the parties to any Foodie For All Delivery Partner Agreement].
ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
III. Class Action and Collective Relief Waiver.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS “DISPUTE RESOLUTION” SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR WE ARE ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.
IV. Arbitration Rules.
The arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer an arbitration consistent with this “Dispute Resolution” section as written, the parties will select an alternative arbitration provider that will administer the arbitration consistent with this “Dispute Resolution” section as written. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this “Dispute Resolution” section as written.
V. Arbitration Process.
If after sixty (60) days the Informal Dispute Resolution Procedure above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. The arbitration will be conducted by a single arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
VI. Arbitration Location and Procedure.
Unless you and we otherwise agree, the arbitration will be conducted in [the county where you reside]. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and we submit to the arbitrator, unless a party requests a hearing and the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and us, except as necessary to obtain court confirmation of the arbitration award.
VII. Batch Arbitration.
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against us, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate a single, different arbitrator for each batch (unless the parties agree otherwise); and (iii) provide for a single filing set of fees (for example, if AAA is the arbitration provider, one filing fee, case management fee, and arbitrator compensation fee) due per side per batch. You agree to cooperate in good faith with us and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitrations” provision shall in no way be interpreted as authorizing class arbitration of any kind. We expressly reserve our right to raise unique defenses as to each claimant in connection with this process.
VIII. Arbitrator's Decision.
The arbitrator will render an award within the time frame specified in the applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and the Terms of Service. The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys’ fees, costs and expenses in favor of a party.
IX. Fees.
Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable AAA Rules (as modified by section VII above). If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, we will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you.
X. Right to Opt-Out of Arbitration.
Our updates to the Terms of Service do not provide you with a new opportunity to opt out of the Mutual Arbitration Agreement if you previously agreed to an earlier version of the Terms of Service.
XI. Changes.
We reserve the right to change this "Dispute Resolution" section. If we change this "Dispute Resolution" section after the date you first accepted the Terms of Service (or accepted any subsequent changes to the Terms of Service), you agree that your continued use of the Sites or Services after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing us written notice of such rejection by mail or hand delivery to: Foodie For All Attn: Dispute Resolutions, at [our office address], or by email from the email address associated with your account to: disputeresolution@foodieforall.com, within 30 days of the date such change became effective, as indicated in the "Effective" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted the Terms of Service (or accepted any subsequent changes to the Terms of Service, as applicable).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the Sites or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services and use of the Sites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York without reliance upon its conflict of law or choice of law provisions.
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Sites. It is your responsibility to check the Sites periodically for changes. Your continued use of or access to the Sites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at admin@foodieforall.com.