Terms and Conditions Agreement
RIVALRY TECHNOLOGIES, INC. D/B/A SEATZ, D/B/A MYEATZ
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, EXCEPT IN CERTAIN LIMITED CIRCUMSTANCES.
We may immediately terminate this Agreement or any services with respect to you, or generally cease offering or deny access to the App or any portion thereof, at any time for any reason.
Changes to this Agreement
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. However, we will advise you via email or upon login if any material changes have been made; and any material changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section (below) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App.
Your continued use of the App following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the App; Network and Data; and Account Security
We reserve the right to withdraw or amend the App, and any service or material we provide on the App, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the App, including access to the data network necessary to use the App. Your mobile network's data and messaging rates and fees may apply if you access or use the App from your Mobile Device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and any updates thereto. We do not guarantee that the App, or any portion thereof, will function on any particular hardware or devices. In addition, the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You agree to treat your username, password, and any other piece of information that is part of our security procedures as confidential, and you must not disclose them to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Intellectual Property Rights & License
The App (including for the avoidance of doubt our Website) and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
License Grant. Subject to your agreement and compliance with the terms of this Agreement, the Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (”Mobile Device”) strictly in accordance with the App’s documentation; and
(b) access and use on such Mobile Device the content and services made available in or otherwise accessible through the App, strictly in accordance with this Agreement.
License Restrictions. You shall not:
(a) copy the App, or any part thereof, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;
(c) create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the App except for your personal, noncommercial use.
(d) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
(e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
(f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or
(g) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.
Trademarks. The Company name, the terms “sEATz” and “myEATz” and “skip the line, not the game” and “skip the line, not the music”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.
Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Violation of this Agreement. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App, or otherwise breach this Agreement, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the App not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
You may use the App (including for the avoidance of doubt our Website) only for lawful purposes and in accordance with this Agreement. You agree not to use the App:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To cause nuisance, annoyance or inconvenience.
• For any commercial purpose.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, including by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.
Additionally, you agree not to:
• Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
• Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
• Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this Agreement.
• Use any device, software, or routine that interferes with the proper working of the App.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
• Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the App.
Monitoring and Enforcement; Termination
We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App. We also have the right to terminate or suspend your access to the App for any or no reason, including without limitation, any violation of this Agreement.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, REPRESENTATIVES, AGENTS, LICENSORS, AND THIRD-PARTY PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We respect your rights to your ideas. Please do not submit any confidential ideas, information, or suggestions in any form to us. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (a) your submissions and their contents will automatically become our property, without any compensation to you; (b) we have no obligation to review your submissions; (c) we may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (d) we have no obligation to keep your submissions confidential.
Ordering from Third Parties.
The App is a digital marketplace that enables you to receive products and services from a variety of providers including food-service providers (“Food Service Providers”), other merchants and retailers, and third-party delivery persons (“Runners”), and related content or services, including payment processing and customer support (all of the foregoing, collectively, “Third-Party Providers”). YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO ORDER AND RECEIVE THESE PRODUCTS AND SERVICES DOES NOT ESTABLISH SEATZ OR MYEATZ AS A FOOD SERVICE PROVIDER, MERCHANT, RETAILER, OR SERVICE PROVIDER, AND THESE THIRD-PARTY PROVIDERS ARE NOT AGENTS OR EMPLOYEES OF SEATZ OR MYEATZ. Notwithstanding the foregoing, in certain limited instances sEATz or myEATz personnel may serve as delivery persons, and such sEATz or myEATz personnel shall not be included in the disclosures and limitations set forth with respect to Third-Party Providers.
The Company will not assess the suitability, legality or ability of any Food Service Provider. The Company is not responsible for the Food Service Providers’ food preparation or safety and does not verify their compliance with applicable laws or regulations. The Company has no responsibility or liability for acts by any Third-Party Provider, including Food Service Providers, other than as stated herein, and you purchase and use their products and services at your own risk.
You may have the option to request delivery of alcohol products in some locations and from certain Food Service Providers. You agree that you will only order alcohol products if you are 21 years of age or older. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the applicable Food Service Provider or Runner delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products from a Third-Party Provider, any of whom has the right to refuse delivery if: (a) you and the recipient (if different) are not 21 years of older; (b) you and the recipient (if different) cannot provide a valid government issued ID; (c) if the name on your ID does not match the name on your order; or (d) you or the recipient are visibly intoxicated. If delivery is refused for any of these reasons, the order will not be refunded.
Order Acceptance and Cancellation.
You agree that any order you place on this App is an offer to buy, under the terms of this Agreement, all products listed in your order. All orders must be accepted by us or the Third-Party Provider, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. If your order is not accepted, you will not be charged.
Prices and Payment Terms.
You understand that orders you place through the App may result in charges to you for the products or services you receive, in addition to applicable taxes where required by law, and other applicable fees ("Charges"). All such Charges will be added to your order total, and will be itemized before you confirm your purchase, and in your order confirmation. The price charged for a product or service will be the price in effect at the time the order is placed, and does not include taxes, convenience fees or tips, as and if applicable. All prices, discounts, and promotions posted on the App are subject to change without notice.
You represent and warrant that (a) the credit card information you supply to us is true, correct and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including all applicable taxes and fees, regardless of the amount quoted on the App at the time of your order.
With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and we will collect payment of those Charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the products or services obtained in connection with your use of the App. However, except for amounts provided by you through the App as part of the “tip” feature, we do not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with products or services obtained through the App, you are under no obligation to do so. There also may be certain Charges you incur that will be owed and paid directly to us. For the avoidance of doubt, we do not charge a fee for a user to access the App, but retain the right to charge users a fee or any other Charge for accessing services made available through the App. Even if not indicated on the App, you understand that the prices for product or menu items displayed through the App may differ from the prices offered or published by Third-Party Providers for the same product or menu items and/or from prices available at other third party websites/mobile applications. Prices for product or menu items displayed through the App may not be the lowest prices at which the product or menu items are sold.
We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. If you think a correction should be made to any Charge you incurred, you must let us know in writing within 30 days after the Charge took place or we will have no further responsibility and you waive your right to later dispute the amounts charged.
We may offer from time to time promotions on the App that may affect pricing and that are governed by terms and conditions separate from those in this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
Returns and Refunds.
Except for products that do not match your order, or are otherwise defective, all orders are final and non-refundable. We have no obligation to provide refunds or credits, but may grant them, in each case in our sole discretion.
Text Messaging and Telephone Calls.
You agree that we may contact you using any of the phone numbers you provided in connection with your account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.
You are aware that when requesting services or otherwise communicating with us, our Third-Party Providers, or our or their subsidiaries, representatives, and affiliates, by SMS text messages, standard messaging charges may apply.
We do not make, prepare, manufacture, or control any of the products offered on our App. The availability of products through our App does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our App.
THE APP, AND ALL PRODUCTS AND SERVICES OFFERED ON THIS APP ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Reliance on Information Posted; Third-Party Materials.
Other than information related to products and services (addressed below), the information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
Information related to products and service of our Third-Party providers, as well as any additional third-party content that may be displayed, included, or made available on the App (including data, information, applications, and other products, services, and/or materials) or via links to third-party websites or services, including through third-party advertising (collectively, ”Third-Party Materials”) is provided by third parties. 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. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
We may from time to time in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either the App will automatically download and install available Updates, or you may receive notice of or be prompted to download and install available Updates.
You understand that functionality depends on your prompt download and installation of all Updates and you acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
Collection and Use of Your Information.
The App (including all content and services) is based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content or services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.
You acknowledge and agree that the availability of the App may be dependent on the third party from which you received the App, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and us and not with the App Store and that we are responsible for our obligations as described in this Agreement. However, if you downloaded the App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
Term and Termination.
The term of Agreement commences when you download the App and will continue in effect until terminated by you or us as set forth in this section. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device. We may terminate this Agreement in our sole discretion at any time for any reason, with or without notice and without liability to you or any third party. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination: (a) all rights granted to you under this Agreement will also terminate; and (b) you agree that you will cease all use of the App and delete all copies of the App from your Mobile Device and account.
Termination will not limit any of the Company’s rights or remedies at law or in equity.
Even after your right to use the App is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CHANGES ARE PERIODICALLY MADE TO THE APP AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP OR THE CONTENTS MADE AVAILABLE THROUGH THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE CONTENT OR SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
THE SOLE AND ENTIRE MAXIMUM COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE OR $300.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
The limitation of liability set forth above shall not apply to (a) liability resulting from our gross negligence or willful misconduct and (b) death or bodily injury to the extent resulting from our grossly negligent acts or omissions or our willful misconduct, as finally determined pursuant to the dispute resolution procedures set forth herein.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, subsidiaries, licensors, and Third-Party Providers, and its and their officers, directors, employees, agents, suppliers, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your violation of this Agreement.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. To the extent permitted pursuant to the terms of the arbitration provisions (set forth below), any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Houston, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Dispute Resolution; Arbitration.
PLEASE READ THIS SECTION CAREFULLY. YOU ARE AGREEING TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH IN THIS AGREEMENT. YOU ARE FURTHER AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
EXCEPT AS OTHERWISE PROVIDED BELOW, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING BUT NOT LIMITED TO STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO (A) THE APP; (B) YOUR USE OF THE APP, INCLUDING PURCHASE OF PRODUCTS OR SERVICES THROUGH THE APP; (C) THIS AGREEMENT (OR PRIOR VERSIONS OF THIS AGREEMENT) OR THE INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION OF THIS AGREEMENT; OR (D) ANY INCIDENTS OR ACCIDENTS RESULTING IN PERSONAL INJURY THAT YOU ALLEGE OCCURRED IN CONNECTION WITH YOUR USE OF THE APP, WHETHER THE DISPUTE, CLAIM OR CONTROVERSY OCCURRED OR ACCRUED BEFORE OR AFTER THE DATE YOU AGREED TO THIS AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION BETWEEN YOU AND US, AND NOT IN A COURT OF LAW.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
Notwithstanding anything to the contrary in this Agreement, arbitration shall not be required in the following instances: (a) you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 30 days of your purchase or the incident giving rise to the claim by sending us an opt-out notice to email@example.com, which must include your name, date of the purchase or incident, and a description of your claim. The small-claims court proceeding is limited solely to your individual dispute or controversy; and (b) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Such claims may be brought and litigated in a court of competent jurisdiction in Houston, Texas, on an individual basis only.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE OR CLASS MEMBER. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. Further, if this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor the Company is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth above.
The terms of this Section regarding Arbitration shall survive termination of this Agreement.
You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement.
No Third-Party Beneficiaries.
This Agreement does not and is not intended to confer any rights or remedies upon any person other than you except as otherwise specifically provided herein.
We may provide any notice to you under this Agreement by: (a) sending a message to the email address you provide or (b) by posting to the App. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
To give us notice under this Agreement, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Rivalry Technologies, Inc. d/b/a sEATz, d/b/a myEATz 2180 N. Loop W., Ste. 260, Houston, Texas 77018 or (ii) via email at firstname.lastname@example.org. We may update our address for notices to us by posting a notice on the App. Notices provided by personal delivery or email will be effective on the next business day; notices provided by overnight courier will be effective upon receipt; and notices provided by registered or certified mail will be effective three business days after they are sent.
Your Comments and Concerns.
The App is operated by Rivalry Technologies, Inc. d/b/a sEATz, d/b/a myEATz, 2180 N. Loop W., Houston, Texas 77018.
All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: email@example.com.
Revised December 3, 2022