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Terms and Conditions

TERMS OF USE


Last updated: ________________


These Terms of Use (“Agreement”) apply to www.247grub.com, a website that enables users to order food for delivery or pick-up from local restaurants, home-based chefs, and other food providers (collectively, “Food Providers”), as well as certain other related online and mobile services including, without limitation, our mobile application 24/7 Grub (“Mobile App”) (collectively, the “Services”). The Services are the property of 24/7 Grub, Inc. (“the Company,” “us,” “our,” and/or “we”), and its affiliates and other related companies. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. References to “you”, “your” and “User” refer to you, a user of our Services.  


THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE AGREEMENT IF YOU DO NOT HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES. IF YOU ARE USING THE SERVICES ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THIS AGREEMENT.


PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.


  1. IMPORTANT DISCLAIMERS. ALL INFORMATION CONTAINED ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY THE COMPANY ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SERVICES, INCLUDING USER CONTENT AND THIRD-PARTY MATERIALS (EACH AS DEFINED BELOW). THE COMPANY IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY FOOD PROVIDER, ANY THIRD-PARTY, OR OTHER USERS OF THE SERVICES. THE COMPANY IS NOT OBLIGATED TO SCREEN FOOD PROVIDERS, THEIR CONTENT, OR DEALS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THE INFORMATION THEY PROVIDE. FOOD PROVIDERS OPERATE INDEPENDANTLY OF THE COMPANY AND 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 SAFETY. WE ARE NOT LIABLE FOR FOOD PROVIDERS’ FOOD PREPARTION AND SAFETY, AND DO NOT VERIFY THEIR COMPLIANCE WITH ALL APPLICABLE LAWS. WE DO NOT GUARANTEE THE QUALITY OF THE FOOD SOLD BY FOOD PROVIDERS, NOR THE SERVICES PROVIDED BY THEM. WE DO NOT INDEPENDENTLY VERIFY AND ARE NOT LIABLE FOR REPRESENTATIONS MADE BY FOOD PROVIDERS REGARDING THEIR FOOD, INCLUDING, WITHOUT LIMITATION, ANY ALLERGEN, DIETARY INFORMATION, OR OTHER DESCRIPTIONS OR DISCLOSURES.


ANY INFORMATION ACCESSED THROUGH THE SERVICES, OR WITHIN ANY OF THE COMPANY’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL PURPOSES ONLY. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND COMPANY-GENERATED CONTENT.


THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.


  1. ELIGIBILITY, ACCOUNT AND PAYMENT.


  1. Eligibility and Account Registration.

In order to use certain features of the Services, you must register for and maintain an active account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the permission of, and directly supervised by, a parent or legal guardian, under such person’s Account and otherwise subject to this Agreement. Notwithstanding the foregoing, you are not authorized to use the Service if you are under the age of 13. Account registration requires you to submit certain personal information such as your name, address, phone and age, as well as at least one valid payment method. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You may not create more than one Account.


  1. Payment and Credit Policy


To use certain features of the Service, including, without limitation, the placing of orders, you must provide one or more valid payment methods. When paid by you, these payments are final and non-refundable, unless otherwise determined in the Company’s sole discretion. We will charge, and you authorize us to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. We reserve the right to establish, remove and/or revise prices, fees, and or surcharges for any or all services or goods obtained through the use of the Services at any time. You also authorize us to charge any payment method associated with your Account in case your primary payment method is expired, invalid, declined or otherwise not able to be charged. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, we may suspend your access to the Service until we have successfully charged a valid payment method.


We may provide a refund, discount, or other consideration (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.


  1. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information, including your password and, if applicable, any password for Facebook, Google, or other third party login. You are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.


3. USE OF THE SERVICES.


3.1 License. Subject to the terms of this Agreement, Company grants you a non-assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive revocable license to use the Services for your personal and noncommercial use. Subject to the terms of this Agreement, Company grants you a non-assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive revocable license to install and use the Mobile App the Company makes available for mobile devices, in executable object code format only, solely on your own handheld mobile device and for your personal and noncommercial use. You acknowledge that we may from time to time issue upgraded versions of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the Mobile App in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all upgrades to the Mobile App.


3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Services content must be retained on all copies thereof.  


3.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.


3.4 Ownership. Excluding User Content, you acknowledge that all the intellectual property rights in the Services are owned by the Company or the Company’s licensors. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement.


3.5 App Permissions.  When you use our Mobile App, you may grant certain permissions to us for your device, as described when you install the Mobile App on your device.


3.6 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (“App Platform”). You acknowledge that this Agreement is between you and the Company and not with the App Platform. The Company, not the App Platform, is solely responsible for the Mobile App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement.   


4. COMMUNICATIONS. You expressly consent and agree to accept and receive communications from us, including via e-mail, text message, or telephone. By consenting to being contacted by the Company, you agree that you may receive communications generated by automatic telephone dialing systems and/or prerecorded messages sent by or on behalf of Company, its affiliated companies, including but not limited to: operational communications concerning promotions run by us or third parties. If you wish to opt-out of promotional emails, text messages or other communications, you may opt-out by following the unsubscribe options provided to you. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. You also acknowledge that opting out of receiving text messages or other communications may impact your use of the Services.


5. USER CONTENT.


5.1 User Content.  As used herein, “User Content” means any and all information and content that a user submits to, or uses with, the Services, including, without limitation, content in the user’s profile. You acknowledge and agree that the Company is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. 


5.2 User Content – Restrictions. You agree not to use the Services, or any of the Company's social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.


5.3 User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by the Services or Company. You acknowledge and agree that we are not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.


5.4 License. You hereby grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, nonexclusive, royalty-free, and fully-paid worldwide license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.


5.5 Feedback. If you provide the Company any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary. 


6. ACCEPTABLE USE POLICY.  The following sets forth Company’s acceptable use policy (collectively, the “Acceptable Use Policy”):


6.1 Profile. You must have a valid Account to create a profile on the Services. Prior to posting a profile, you will need to verify the email address associated with your Account. In addition to the other restrictions contained in the Acceptable Use Policy, profiles posted on the Services must not: (a) be plagiarized; (b) contain links to external websites; (c) contain disparaging information about any person; (d) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals; (e) contain references to companies or competitors other than the company or product being described; or (f) contain information unrelated to the business, product or experience with the Services.


6.2 Images. You agree not to use the Services to post, upload, or otherwise transmit an image or video (collectively “Image”) of another person without that person’s consent.  Image files must feature the products they illustrate. Image files must be clear and contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 6. We reserve the right to set requirements and restrictions related to Images and remove Images at any time for any reason.


6.3 Technological Restrictions. In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (e) attempt to or impersonate another user or the Company or gain unauthorized access to the Services, other computer systems, or networks connected to or used together with the Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Services; or (g) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Services.


6.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or profile content), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.


7. INDEMNITY. You agree to indemnify and hold the Company (and its subsidiaries, affiliates, officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.


8. THIRD-PARTY MATERIALS; DEALS; OTHER USERS; RELEASE.


8.1 Third-Party Materials. The Services might display, include, or make available third-party content (including menus, descriptions, information, images and/or other materials), and advertisements for third parties, including pricing and descriptions of products or services (collectively, “Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials may be subject to their own terms and conditions of use and privacy policies and your use of Third-Party Materials will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behavior, features, or content of any Third-Party Materials. Third-Party Materials are provided solely as a convenience to you, and you use them entirely at your own risk.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.


8.2 Deals. The Services might display, include, or make available coupons, promotional codes, giveaways, samples, and other offers from listed companies (collectively, “Deals”). Deals constitute “Third Party Materials” under this Agreement. The Company displays these Deals on the Services as a form of advertisement for the offering company (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Services. The Offeror, and not the Company, is solely responsible for: (a) redemption of the Deal; (b) compliance of all aspects of the Deal with applicable law (including, without limit, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not.


8.3 Other Users. Each user of the Services is solely responsible for any and all of its User Content and Third-Party Materials. Because we do not control User Content and/or Third-Party Materials, you acknowledge and agree that we are not responsible for any User Content and/or Third-Party Materials, we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we assume no responsibility for any User Content and/or Third-Party Materials. Your interactions with other Service users are solely between you and such user. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.


8.4 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users, Third-Party interactions, or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”


9. ADDITIONAL DISCLAIMERS.


THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE  EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.


WE RELY UPON FOOD PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


10. LIMITATION ON LIABILITY.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID THE COMPANY IN THE PRIOR 6 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.


SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.


11. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement by us, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our Services, and live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–14.


12. COPYRIGHT POLICY. We respect and adhere to copyright law and expect Users of the Service to do the same. If you believe that any content on the Services infringes copyright, please notify us immediately.


13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. YOU AND WE AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if We make any future change to this dispute resolution provision, it will not apply to any individual claim(s) retroactively as long as a Notice of such claims(s) have been provided to us. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Los Angeles County, California. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of California without regard to conflict of law provisions.


13.1 Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@247grub.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to the address identified in Section 14.6 below.


13.2 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 


13.3 Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in the Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). 


14. GENERAL.


14.1 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services. 


14.2 Changes to Agreement. We may amend this Agreement at any time in our sole discretion. If we do so, we will post the modified Agreement on the Service. The modifications will be effective immediately following a notice to you. You agree to review the Agreement periodically so that you are aware of any modifications. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.


14.3 Copyright/Trademark Information. Copyright © 2019, 24/7 Grub, Inc. All rights reserved. You acknowledge and agree that you are not permitted to use any third-party marks displayed on our site without prior written consent from the owners of such third-party marks. 


14.4 Privacy Policy. The terms and conditions of the Privacy Policy located at [enter Privacy Policy link] are incorporated into this Agreement by reference.


14.5 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):


(a) You acknowledge and agree that (i) this Agreement is concluded between you and the Company only, and not Apple, and (ii) that the Company, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.


(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.


(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between the Company and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.


(d) You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.


(e) You and the Company acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.


(f) You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.


(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


(h) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.


14.6 Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by the Company of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and the Company. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.


14.7 Our Contact Information. 


24/7 Grub, Inc.

Attention:

[Address]

Email: support@247grub.com

PRIVACY POLICY


Last updated: ________________


This Privacy Policy (“Policy”) applies to www.247grub.com, our mobile application 24/7 Grub, and other related services (collectively, the “Services”). The Services are the property of 24/7 Grub, Inc. (the “Company,” “us” “our” and/or “we”), and its affiliates, subsidiaries, parent company, and other related companies.  This Policy describes the information we gather from you when you use our Services, and how we use, process, and disclose that information. We reserve the right, in our sole and absolute discretion, to update our Policy.  In the event our Policy has been updated, a notice will be posted on the website, please read the notices carefully. We may also post additional privacy statements for some portions of the Services. By submitting personal information through our Services, you expressly consent to the transfer of your personal data to our servers in the U.S. for our collection, use, and disclosure in accordance with this Policy.  References to “you”, “your” and “User” refer to you, a user of our Services.


Your privacy and the security of your personal data is enormously important to us. So, we want to transparently explain how and why we gather, store, share and use your personal data, as well as outline the controls and choices you have around when and how you choose to share your personal data.


1. WHO THIS STATEMENT APPLIES TO AND WHAT IT COVERS.  This Statement applies to Users who use the Services. Within our Services, there may be links to third-party websites or applications. We are not responsible for the content or privacy compliance of third party websites or applications.


2. INFORMATION WE COLLECT FROM YOU THROUGH YOUR USE OF THE SERVICES.


2.1 Use of Our Service.  When you use our Service, you affirmatively consent to the Terms of Service and Privacy Policy. You may provide us with additional information by filling in forms on the Services or by corresponding with us by phone, text, email, live chat, or otherwise. When you create a Service account, we collect information from you, including:


  • Name;

  • Contact information such as your email address and phone number;

  • Birth date;

  • Payment information, such as payment card number (credit or debit card), and the security code associated with your payment instrument, if you make a payment;

  • Device information, such as information about your device, such as IP address, location or provider;

  • Usage information and browsing history; such as information about how you navigate within our Services, your browsing history, and which elements of our Services you use the most;

  • Demographics information such as your location; and

  • Any other information that you provide us, such as profile page content and personal data.


We automatically collect information about how you use our Services, for example, pages you have viewed. We may also collect certain technical information about your device including your Internet protocol address, geo-location information, your browser type, language and identifying information, your operating system and application version, device types, device model and manufacturer, device identifiers, and your device operating system type and version. 


2.2 Cookies and Tracking Technologies.  We may also use cookies, Web beacons, and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. Cookies are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which usually stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services. We may also use cookies for data analytics purposes. You have the option to reset your cookies setting by reviewing your cookies setting on your browser. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of our Services. Web beacons are digital images that are used to log information on the Services or in our emails. We may use Web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We may also use Web beacons to tell if you open or act on our emails.


Our partners and third party providers, including third-party analytics service providers and advertising partners, may also collect personally identifiable information about your online activities over time and across different websites when you use our Services, including as described in this Policy.  We may receive personal data about you and your activity from such third parties, in order to provide you with our Services. We will use this personal data either where you have provided your consent to the third party or to us to that data sharing taking place or where the Company has a legitimate interest to use the personal data in order to provide you with our Services.  This Policy does not apply to and we are not responsible for those other parties. Third-party analytics services may use cookies,web beacons platform device identifiers and software agents on and through our Services to provide us with information about how you use and interact with our Services.


3. YOUR SHARING OF USER INFORMATION


The Services may allow you to connect and share your profile, content, information, actions and comments with other users.  Please be mindful of your own privacy needs as you choose what to share. We cannot control the privacy or security of information you choose to share with others.


4. HOW WE USE YOUR INFORMATION


4.1 Use of Information.  We may use your information to:


  • Facilitate the creation of and secure your account on the Services;

  • Identify you as a user in our system;

  • Provide, personalize, and improve the Services;

  • Communicate with you about your use of the Services;

  • Develop new products and services;

  • Customize your advertising experience and recommend content;

  • Fulfill your requests;

  • Send promotional materials related to the Services and for other marketing purposes of Company using your contact information;

  • Protect, investigate, and prevent potentially fraudulent, unauthorized, or illegal activities;

  • Protect our rights and the rights of other users; and

  • As otherwise described in this Policy or in notices we provide to you.


We may also use your information to verify your geographic location. We may use your geographic location data to personalize our Service, to recommend content, determine whether the information you have requested is available in your location. If information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, Company may use it for any business purpose.


We may use anonymized and aggregated information for purposes that include testing our IT systems, research, data analysis, creating marketing and promotion models, improving our Service, and developing new features and functionality within our Service.


4.2 How We Disclose Your Information


We may share your information as follows:


  • We may share your personal information with your consent or at your direction.

  • We may also share your personal information with others who perform services on our behalf.

  • We may share your information with third-party service providers to fulfill your requests, including food delivery requests.

  • We may disclose your information if we believe we are required to do so by law, or to comply with a court order, judicial or other government subpoena, or warrant.

  • We also may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses or to protect the Company and our Services; or any rights, property, or personal safety of the Company or others.

  • In the event that the Company is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction as part of our Company’s asset. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset.


We may also share aggregated and anonymized data with our partners, advertisers, and other third parties.

4.3 Data Security and Transfer


Company takes commercially reasonable steps to help protect your information against loss, misuse, and unauthorized access, or disclosure. No company can fully prevent security risks, however. While we strive to protect your personal information, we cannot guarantee its absolute security. To help protect yourself and your information, choose a unique password for our Services and do not use a password on our Services that you would use on any other website or online service.  We recommend logging out of your account after using our Services.


Company may also process information that constitutes your personal information for direct marketing purposes and you have the right to object to Company’s use of your personal information for this purpose at any time.


4.4. Data Retention.  We retain your personal information for as long as necessary to provide the Services and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements.


5. INFORMATION CHOICES


You may opt out of receiving marketing/promotional emails, text messages or other communications from Company by following the unsubscribe options provided to you.  If you opt out of receiving marketing/promotional communications, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your personal information, including changes to your contact preferences, and changes to or deletions of your information or content you post by emailing support@247grub.com. Please note that deletion of your personal information or content does not ensure complete or comprehensive removal of the content or information posted on the Services.


Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies from our website or from third parties. If you choose to remove cookies or reject cookies, this could affect certain features of our Services. You can also choose to opt-out of use of cookies by some of our third-party advertising partners to deliver ads tailored to your profile and preferences. However, while we and others give you choices as described in this policy, there are many ways in which Web browser signals and other similar mechanisms can indicate your choice to disable tracking, and our website may not be aware of or honor every mechanism.


You may decline to share certain data with the Company, in which case we may not be able to provide you with some of the features and functionality of the Services. You may have the right to know what personal information the Company has about you and to correct any inaccuracies.  Please direct any such requests by email to support@247grub.com or by one of the other means listed below.


6. CHANGES AND UPDATES TO THIS PRIVACY POLICY


From time to time, we may revise our Policy. To help you stay current of any changes, we note the date the Policy was last updated above. You understand that it is your sole responsibility and agree to review the Policy periodically so that you are aware of any modifications. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and affirmative agreement to be bound by the terms and conditions of such changes.


7. DISPUTE RESOLUTION


If you believe that we have not adhered to this Statement, please contact us by e-mail at support@247grub.com. We will do our best to address your concerns.


This Policy hereby incorporates Section 13 of the Terms of Use (Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause),  


8 CONTACT INFORMATION


Please contact us with any questions or comments about this Policy, your information, our third-party disclosure practices, or your consent choices.


24/7 Grub, Inc.

Attention:

[Address]

Email: support@247grub.com