As provided in greater detail in these Terms, you agree and acknowledge that the Terms include the following material terms:
● Your use of the Foodeasygo Services may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility;
● The Foodeasygo Services are provided “as is” without warranties of any kind and Foodeasygo’s liability to you is limited;
● if you have an Foodeasygo account, you may receive coupons when using the Foodeasygo Service which can only be used on the Foodeasygo Service.
● You may receive Wechat messages from or on behalf of Foodeasygo as a part of the Foodeasygo Services at the Wechat ID provided by you to Foodeasygo, and you consent to receiving such messages.
● Disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND FOODEASYGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute and Arbitration Section below for the details regarding your agreement to arbitrate any disputes with Foodeasygo; Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the Foodeasygo Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the Foodeasygo Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the Foodeasygo Services.The Website is owned and operated by Foodeasygo, Corp. (“Foodeasygo”), and is hosted in the United States. Foodeasygo reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website, mobile app and/or the Foodeasygo Services (or any part thereof) with or without notice. You agree that Foodeasygo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Foodeasygo Services.Please note that Foodeasygo may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the Foodeasygo Services. Foodeasygo may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the Foodeasygo Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and Foodeasygo reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
The Website and the Foodeasygo Services
The Website and the Foodeasygo Services are a third-party marketplace for customers to view and place orders for food and beverages with participating restaurants. Foodeasygo provides order placement services and partial delivery service. Foodeasygo is not a merchant of food or beverages, or provider of any delivery services in connection therewith, and does not control the Restaurants or the production of any food or beverages.
The Restaurants have entered into agreements with Foodeasygo to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. Foodeasygo, including the Website, Mobile app and the Foodeasygo Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
Customers using the Foodeasygo Services must make themselves comfortable through the information provided by the Restaurants on the Website, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. Foodeasygo, including the Website and the Foodeasygo Services, does not in any way guarantee the quality of any Restaurant or any food or beverage, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; Foodeasygo does not investigate or verify any such representations. Foodeasygo shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the Foodeasygo Services).
We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify Foodeasygo of all complaints or concerns that you might have regarding the Restaurants.
ORDERING AND PAYMENT
When you place an order through the Foodeasygo Services, you will be given a choice of payment options, which may include via credit card or cash payment. If you pay for your purchase via credit card, we will ask for a valid credit card as applicable, which will be billed through the Foodeasygo Services, for the purchase price of the applicable order, and “Foodeasygo” will be the name that appears on the credit card, as applicable. As stated above, however, Foodeasygo, including the Website and the Foodeasygo Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.
To ensure the most efficent delivery services, you are required to provide us the most accurate delivery information at your knowledge, which includes your phone number, address with correct zip code and email address. The foodeasygo driver will wait no more than five minutes to hand over your order. In any cases when you can not be reached through phone calls or via email, the foodeasygo driver shall leave the order at your front door, apartment hallway or front desk of selected delivery address.
We are committed to call you upon arrival, the foodeasygo services has no responsibilty of any food lost, stolen or food quality problems when your order can not be handed over in person.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
By using the Website, Mobile app and/or the Foodeasygo Services, you represent, warrant, and covenant that:
1. all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;
2. you will keep your password confidential and will be responsible for all use of your password and your account;
3. you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you are above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website and the Foodeasygo Services;
4. your use of the Website and the Foodeasygo Services does not violate any applicable law.
The Website and the Foodeasygo Services are for personal, noncommercial use only (unless specifically endorse or approved by Foodeasygo). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to Foodeasygo, including the Website and the Foodeasygo Services, are prohibited:
1. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
2. Advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Foodeasygo;
3. Systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
4. Engaging in unauthorized framing of or linking to the Website or the Foodeasygo Services;
5. Transmitting chain letters or junk email;
6. Using any information obtained from the Website or the Foodeasygo Services in order to contact, advertise to, solicit, or sell to any user;
7. Engaging in any automated use of the Website or the Foodeasygo Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
8. Interfering with, disrupting, or creating an undue burden on the Website or the Foodeasygo Services or the networks or services connected or linked thereto;
9. Attempting to impersonate another user or person;
10. Using the username of another user;
11. Selling or otherwise transferring your profile;
12. Using any information obtained from the Website or the Foodeasygo Services in order to harass, abuse, or harm another person;
13. Using the Website or the Foodeasygo Service as part of any effort to compete with Foodeasygo, the Website, Mobile app or the Foodeasygo Service or to provide services as a service bureau;
14. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website, Mobile app or the Foodeasygo Services;
15. Attempting to bypass any measures of the Website, Mobile app or the Foodeasygo Services designed to prevent or restrict access to the Website or the Foodeasygo Services, or any portion of the Website, Mobile app or the Foodeasygo Services;
16. Harassing, annoying, intimidating or threatening any Foodeasygo employees or agents engaged in providing any portion of the Foodeasygo Services;
17. Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website, Mobile app or the Foodeasygo Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
18. Deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website, Mobile app or the Foodeasygo Services (including any content therein and thereof); and
19. Using the Website, Mobile app and/or the Foodeasygo Services in any manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
As between you and Foodeasygo, all of the content included in and as a part of the Website and the Foodeasygo Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Foodeasygo Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Foodeasygo, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Foodeasygo reserves all rights in and to the Website, the Foodeasygo Services, and the Foodeasygo Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Foodeasygo Services; the license granted hereby does not include any resale or commercial use of the Website, the Mobile app the Foodeasygo Services, or the Foodeasygo Content. If you download or print a copy of the Foodeasygo Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Foodeasygo Content or enforce limitations on use of the Website, Mobile app or the Foodeasygo Content therein.
THIRD PARTY WEBSITES AND CONTENT
The Website and the Foodeasygo Services may contain, or you may be sent through the Website or the Foodeasygo Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Foodeasygo (including the Website and the Foodeasygo Services), and Foodeasygo (including the Website and the Foodeasygo Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that Foodeasygo (including the Website and the Foodeasygo Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the Foodeasygo Services or as may otherwise relate to any applications that you use or install from the Website or through the Foodeasygo Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and Foodeasygo (including the Website, the Mobile app and the Foodeasygo Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
Foodeasygo reserves the right but does not have the obligation to:
1. Monitor the Website, the Mobile app and the Foodeasygo Services for violations of these Terms;
2. Take appropriate legal action against anyone who, in Foodeasygo sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
3. In Foodeasygo’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of Foodeasygo, the Website, and/or the Foodeasygo Services;
4. In Foodeasygo’s sole and absolute discretion, remove from the Website or the Foodeasygo Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the Foodeasygo Services’ systems; and
5. Otherwise manage the Website in a manner designed to protect the rights and property of Foodeasygo and others and to facilitate the proper functioning of the Website and the Foodeasygo Services.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website or the Foodeasygo Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website, Mobile app and the Foodeasygo Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, FOODEASYGO RESERVES THE RIGHT TO, IN FOODEASYGO’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE, THE MOBILE APP AND THE FOODEASYGO SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND FOODEASYGO MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE FOODEASYGO SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN FOODEASYGO’S SOLE AND ABSOLUTE DISCRETION.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
Your use of the Foodeasygo Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Foodeasygo Service or certain features of the Foodeasygo Service that we may post on or link to on the Foodeasygo Service (the "Additional Terms"), such as end- user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Foodeasygo Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
These Terms are governed by the laws of the State of Massachusetts without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Foodeasygo agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Suffolk County, MA for the purpose of litigating any dispute. We operate the Foodeasygo Service from our offices in Boston, and we make no representation that the Foodeasygo Services are appropriate or available for use in other locations.
Foodeasygo cannot control the nature of all of the content available on the Website or through the Foodeasygo Services, or the products and services being sold by the Restaurants therein. By operating the Website and providing the Foodeasygo Services, Foodeasygo does not represent or imply that Foodeasygo endorses any Restaurant, Contributions, or any other content or products available on or linked to by the Website, the Mobile app or through the Foodeasygo Services, or that Foodeasygo believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the Foodeasygo Services or in connection with any Restaurants, Contributions, or other third parties.
YOU AGREE THAT YOUR USE OF THE WEBSITE, THE MOBILE APP AND FOODEASYGO SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FOODEASYGO, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND FOODEASYGO SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOODEASYGO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, OUR MOBILE APP AND FOODEASYGO SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE FOODEASYGO SERVICES. FOODEASYGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOODEASYGO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The website located at www.foodeasygo.com (the “Site”) is copyrighted and belong to Foodeasygo Corp. (“Foodeasygo”, “us”, “our”, and “we”). Foodeasygo provides an online service focused on providing users with the ability to place orders for daily meals (each, an “Offering”) from Foodeasygo, which Foodeasygo makes available to customers from its restaurant partners (each, a “Restaurant”) that are delivered to the particular location specified in the Offering (each, a “Location”) (collectively, with all other services provided through the Site, the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.1 Account Creation.
In order to use certain features of the Services, you must register for an account with Foodeasygo (“Account”) and provide certain information about yourself as prompted by the Services registration form. 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. You may delete your Account at any time, for any reason, by following the instructions on the Site. Foodeasygo may suspend or terminate your Account in accordance with Section 9.
1.2 Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Foodeasygo of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Foodeasygo cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.3 Social Networking Services.
2. ORDER TERMS
From time to time, Peach may make available Offerings that you can purchase by following the directions on the Site. If you place an order for an Offering (each, an “Order”), your payment method on file will automatically be billed in accordance with the directions on the Site. By placing an Order, you agree to pay the then- current applicable fee listed on the Site. All payments are non-refundable. You here by authorize Peach to bill your credit card as described above. Unless otherwise stated on the Site, fees are inclusive of all sales or use taxes imposed by taxing authorities, and you are responsible for payment of all such taxes. Any amounts not paid when due shall bear the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be your credit card for any reason, Foodeasygo may provide you, via email, notice of such non-payment and a link for update your payment information. Once you have placed and paid for an Order, Foodeasygo is solely responsible for fulfillment of your Order. Your Order will be delivered to the Location by Peach, one of its contractors, or the Restaurant in accordance with the details provided in the Offering description. Once your Order is delivered to the Location, it is your responsibility to retrieve and accept your Order within a “reasonable” period of time. Determination of a “reasonable” period of time should include consideration of the specific Offering’s susceptibility to spoilage, and your Order’s exposure to loss or misuse by any other Site or Service User or unrelated third-party that may have access to the Location. Foodeasygo retains all rights and interest at charged to you to responsibilities with respect to your Order, including the period after delivery to the Location but before you pick up your Order. Your employer or any other third-party that controls use of and access to the Location has no rights or responsibilities with respect to your Order. Foodeasygo maintains the right to substitute substantially similar Offerings from the same or substantially similar restaurants for those initially ordered as necessary.
3. SITE 3.1 License.
Subject to the terms of this Agreement, Foodeasygo grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal use.
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, or host the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services;
(c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or 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 functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Foodeasygo or Foodeasygo’s licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Foodeasygo and its suppliers reserve all rights not granted in this Agreement. If you provide Foodeasygo any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Foodeasygo all rights in the Feedback and agree that Foodeasygo shall have the right to use such Feedback and related information in any manner it deems appropriate.
4. ACCEPTABLE USE POLICY.
You agree not to use the Site or Services to: (a) upload, transmit, or distribute any content that violates any third-party right, intellectual property right, or otherwise is tortious, offensive, or in violation of any law or regulation; (b) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (c) 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; (d) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (e) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (f) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (g) harass or interfere with another user’s use and enjoyment of the Site or Services; or (h) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.
5. INDEMNITY. You agree to indemnify and hold Foodeasygo (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your interactions with any Restaurants, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Peach reserves 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 the prior written consent of Foodeasygo. Foodeasygo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. THIRD PARTY SITES; RESTAURANTS
6.1 Third Party Sites. The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites”). Such Third Party Sites are not under the control of Foodeasygo and Foodeasygo is not responsible for any Third Party Sites. Foodeasygo provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.
You acknowledge and agree that Foodeasygo is not responsible or liable for the negligence or willful misconduct of any Restaurant, including, without limitation, the negligence of any Restaurant of the cooking, handling or refrigeration of any meat, shell fish, eggs, raw food, nuts and other allergenic foods that may be present in your Order. If you are dissatisfied with any aspect of your Order for an Offering including dissatisfaction due to any of the reasons noted above, you should directly contact Foodeasygo. You should not for any reason interact with the Restaurant, delivery contractor, other Site or Service Users, or any third party regarding the Offering or your Order. Similarly, Restaurants will not contact or interact with you regarding an Offering or your Order for any reason.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, 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 Restaurants, or Third Party Sites including any food borne illness or other personal injury (including death) incurred as a direct result of any Restaurant.
THE SITE AND SERVICES (AND ALL CONTENT THEREIN) ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM 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. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR 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. THE CONTENT PROVIDED ON THIS SITE, WHETHER PROVIDED BY US OR OTHER USERS, IS FOR INFORMATION PURPOSES ONLY. PEACH DOES NOT OFFER NUTRITIONAL OR HEALTH ADVICE, ANY CONTENT ACCESSED THROUGH THE SITE OR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. YOU AGREE THAT PEACH IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES (INCLUDING RESTARAUNTS) AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY.
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS 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 SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) 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 FIFTY US DOLLARS ($50) OR THE AMOUNTS PAID TO PEACH HEREUNDER IN THE SIX MONTHS PRIOR TO THE CLAIM. 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.
9. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or 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 Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. Peach will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.3, 4 –10.
Page 3 of 5
10.1 No Support or Maintenance. You acknowledge and agree that Peach will have no obligation to provide you with any support or maintenance in connection with the Site or Services. Peach reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Peach will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
10.3 DISPUTE RESOLUTION. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. Except for disputes brought in small claims court, all disputes, claims, demands, or causes of action between you and Peach, past, present, or future, arising out of, relating to or in connection with the Site or Services or this Agreement 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 are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. YOU AND PEACH 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 these terms 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 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 these terms to the contrary, we agree that if Peach makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice of to Peach. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879.
Notwithstanding the foregoing, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in King County, Washington. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in King County, Washington in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within King County, Washington for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
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 King County, Washington. The Services and these terms and conditions are governed by the laws of the State of Washington without regard to conflict of law provisions. This section will survive termination of your participation in the Services.
10.4 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and 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. 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. Your relationship to Peach is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Peach 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.
10.5 Contact Information:
Foodeasygo Corp. Email: email@example.com
FoodEasyGo Messaging Terms of Service
- When you register for lunch service, you consent we have the rights to send you text messages to the phone number you provide, will send you an SMS message to confirm your signup.
- You can cancel the SMS service at any time. Just text "STOP" to us. After this, you will no longer receive SMS messages from us.
- If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. Up to five messages per day may be sent to you, as well as additional texts that vary based on your usage and interaction with the service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- For all questions about the services provided by this shortcode, you can send an email to firstname.lastname@example.org.
- Lunch, and other meal options provided by Foodeasygo and its partners
- Promotion and other discount opportunity provided by Foodeasygo
- Opportunity for new services