EatAgain, Inc. User Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (THE “AGREEMENT”) CAREFULLY. BY ACCESSING, USING, OR DOWNLOADING MATERIALS FROM THE EATAGAIN MOBILE APP (THE “EATAGAIN APP”) OR THE EATAGAIN WEBSITE (THE “WEBSITE” AND TOGETHER WITH THE EATAGAIN APP, THE “SITES”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITES.


SECTION III.24 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION III.24 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION III.24 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.


Effective as of May 1, 2018

These EatAgain Terms of Use (this “Agreement”) applies to your consumer use of the EatAgain mobile application (the “EatAgain App”) and website (collectively with the EatAgain App, the “Sites”) and any full-priced and discounted orders related to dine-in, take-out, and delivery services at participating restaurants, independent chefs, or food trucks or other features offered thereunder (collectively, the “Services”).

In this Agreement, “EatAgain” and “we” mean EatAgain, Inc., a California corporation, and “User” and “you” mean any user of the Services. This Agreement incorporates EatAgain's standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “EatAgain Policies”).

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

EatAgain may update or revise this Agreement (including any EatAgain Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by EatAgain, any use of the Services is subject to the version of this Agreement in effect at the time of use. The Sites contain information, including without limitation all text, graphics, photographs, graphs, sounds, data, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by EatAgain.


Conditions applicable to Discounts

  • In General. The EatAgain App allows Users to open an account with EatAgain (an “Account”) to obtain a discount on meals (each a “Discount”) at participating restaurants, independent chefs, or food truck ordering, and delivery services (each an “Eatery”)
  • Validation. To use any Discount, User must use the account on which such Discount was awarded with representatives of the relevant Eatery
  • Must Be Present. User, along with User' s mobile phone, must be present at an Eatery to use a Discount for such Eatery. Physical presence is verified by location services GPS verification. We may notify User by email, as well as terminate User' s Account, after a “ false use” report that the User was not present to lock- in or validate a Discount, whether or not that was in fact the case. If you receive a false use report email in error, please email support@eatagain.com to dispute it
  • Maximum Savings. EatAgain endeavors to protect Eatery profitability and therefore may limit the savings of any one Discount to a pre-specified percentage of the total bill. Only one Discount may be used per table, unless otherwise noted in the Discount terms
  • Other Offers. Discounts shall not be combined with any other offer or deal of the Eatery, including internal promotions, such as happy hour, lunch specials or weekday specials, and external promotions, such as coupons, discounts or deals provided by other companies
  • Supplemental Terms. Supplemental terms may apply to certain Services, such as policies for a particular discount, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Service(s). Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
  • No Guarantee. The Eateries are third party non-affiliates of EatAgain and EatAgain cannot guarantee that a participating Eateries will honor a Discount on every order placed via the EatAgain App. Eateries may become fully booked after a User is checked in via EatAgain app and User may be unable to dine at such Eateries. At this scenario Eateries can reject your check-in and EatAgain will notify you about your check-in status via push notifications. EatAgain offers certain discounts regardless of whether Eateries are open or have excess capacity and such offers shall in no way be an indication that any Eatery is in fact open or has excess capacity. EatAgain is not responsible or liable for any Eatery's refusal to honor a Discount. The Sites rely on a network connection and computer software, and EatAgain shall not be liable for User's inability to use a Discount resulting from a malfunction of such. EatAgain endeavors to keep all Users satisfied and any complaint or problem should be directed to support@eatagain.com
  • Resale. Resale or attempted resale of Discounts is prohibited and is grounds for, among other things, cancellation of your Account and access to the Services. Discounts have no cash value
  • Mobile Only. Except in limited cases, EatAgain intends to offer its Services exclusively through its mobile application on mobile phones. Users are prohibited from accessing EatAgain Discounts through any device other than an activated mobile phone, such as but not limited to tablet, iPad, mp3 player, iPod, deactivated mobile phone or personal computer

Check-in Feature

  • No-Show Policy. EatAgain is committed to providing superior quality services to Users and Eateries. To assist us in maintaining a consistently high-level of service for the Eateries and their patrons, Users must cancel any check-ins that they will be unable to honor at least 20 minutes in advance of the check-in. You may cancel your check-in via the EatAgain App. Check-in via Eatagain app doesn't guarantee the priority in seating at an Eatery. It is recommended that Users request a reservation from the Eatery. If you are unable to keep your check-in, fail to properly notify the Eatery and do not arrive within 15 minutes after your check-in time, the Eatery may cancel your check-in. In addition, EatAgain may send you a push notification or an email letting you know that our records indicate that you were a no-show. By using the Check-in Services, User agrees to receive no-show notifications by push notification or email after a report that your reservation was not honored, whether or not that was in fact the case. We may terminate your Account if you are a no-show on multiple occasions. If you receive a no-show notification email in error, please email support@eatagain.com to dispute it. User agrees that all final no-show determinations will be made by EatAgain in its sole discretion

General Terms

  • Privacy Policy. EatAgain is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services. The Sites do not collect any personally identifying information about you except when you expressly provide it. You agree that EatAgain can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner. EatAgain may place a “cookie” in the browser files of your computer. Such cookie does not contain any personally identifying information
  • Communications from EatAgain. The EatAgain App may use GPS locator capabilities, as well as other location techniques (such as those employed by iBeacons), to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from EatAgain regarding the Services and as otherwise described in our privacy policy. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices
  • Technical Requirements. Use of the Services requires Internet access through your mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. EatAgain does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have certain technologies enabled, such as location services or Bluetooth on your mobile device, to use the Sites
  • Modifications to Services. EatAgain reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Sites, Discounts, Eateries and/or other aspects of the Services. EatAgain shall have no liability to you for any of the foregoing actions. Such modifications may include, without limitation, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Sites. EatAgain may also add, withdraw or modify Information within the Sites or Services provided through the Sites at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under this Agreement on the day EatAgain places them on the Sites. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services
  • Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “EatAgain Content”) are provided to User by EatAgain or its partners or licensors solely to support User's permitted use of the Services. The EatAgain Content may be modified from time to time by EatAgain in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the EatAgain Content by User shall constitute a material breach of this Agreement. EatAgain and its partners or licensors retain all rights in the Services and EatAgain Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of EatAgain or any third party is granted under this Agreement
  • License Grant. EatAgain grants you a limited, revocable, worldwide, non- exclusive, and non-transferable license to use the Sites, in object code form only on User's compatible mobile devices, solely to support User's permitted use of the Services. You may download, view, copy, and print the Information incorporated into the Sites solely for your non-commercial use. The Information may not be transferred, shared with or disseminated with anyone for any purpose which is inconsistent with the purpose of the Sites, to facilitate unfair competition with the Sites, or for any purpose which is inappropriate or unlawful under applicable US and international law
  • Ownership. The Services and all rights therein are and shall remain EatAgain's property or the property of EatAgain's licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner EatAgain's company names, logos, product and service names, trademarks or services marks or those of EatAgain's licensors
  • Use Restrictions. Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through the authorized access to the Sites. Unless separately and specifically authorized in writing by EatAgain, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Sites, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. You may not “frame” any material contained on the Sites unless authorized in writing by EatAgain. Access to the Sites without the authorization of EatAgain is strictly prohibited. You agree to use the Sites and Information for lawful purposes only. You agree not to post, transmit, or submit any information through the Sites which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (3) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (4) which is used to unlawfully collude against another person in restraint of trade and competition, (5) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of the Sites or Information. The Services and EatAgain Content are offered solely for User's personal use for the purposes described in this Agreement. Any and all other uses are prohibited. EatAgain expressly reserves all its rights and remedies under applicable state and federal laws. EatAgain reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any EatAgain Content, except as expressly authorized by EatAgain; (2) take any action that imposes or may impose (in EatAgain's sole determination) an unreasonable or a disproportionately large load on the Services or EatAgain's infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or EatAgain Content to a third party; (5) use any portion of the Services or EatAgain Content to provide, or incorporate any portion of the Services or EatAgain Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to EatAgain); (7) modify any Services or EatAgain Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or EatAgain Content; (9) use the Services or EatAgain Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or EatAgain Content or access or use the Services or EatAgain Content for competitive analysis or benchmarking purposes
  • Government End Users. The EatAgain App constitutes a “commercial item” as defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users with only those rights as are granted to all other end users pursuant to the terms and conditions herein
  • Password Disclosure. If, at any time, you are issued a userid and/or password by EatAgain and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify EatAgain and to confirm such notice in writing within seventy-two (72) hours. Upon receiving such notice, EatAgain will assign a new userid and/or password to you within a reasonable period of time. You are responsible for all uses of your userid and password and for all submissions under your name
  • Delays in Service. Neither EatAgain nor any of its licensors (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes beyond the reasonable control of EatAgain. EatAgain shall have no responsibility to provide you access to the Sites while interruption of the Sites due to any such cause shall continue
  • Export Control. You may not use, export, or re-export any EatAgain App or other aspects of the Services (or any copy or adaptation of the foregoing) in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Termination. Termination or cancellation of this Agreement shall not affect any right or relief to which EatAgain may be entitled, at law or in equity. EatAgain may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, EatAgain may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any EatAgain Policies). After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account, and you may lose access to and be unable to use any accumulated Discounts. You agree that EatAgain shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which EatAgain will have no liability whatsoever
  • Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Uber's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. EatAgain reserves the right (but has no obligation) to monitor, remove, or edit User Content in EatAgain's sole discretion, including if User Content violates this Agreement (including any EatAgain Policies). During such monitoring, User Content may be examined, recorded, copied, and used for authorized purposes. Use of the Sites, authorized or unauthorized, constitutes consent to such monitoring. If you do submit User Content, and unless we indicate otherwise, you grant EatAgain a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. EatAgain takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party
  • Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by EatAgain and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at EatAgain's request) defend EatAgain, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “EatAgain Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement
  • Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE EATAGAIN PARTIES BE LIABLE FOR ANY INJURIES, LOSSES OR CLAIMS, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT, (2) ANY USE OF THE SERVICES, THE EATAGAIN CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES), OR (4) YOUR VISIT TO ANY EATERY OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY EATERY OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE SITES BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE EATAGAIN CONTENT. IF THE ABOVE LIMITATION OF LIABILITY SHOULD FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, THE EATAGAIN PARTIES MAXIMUM AND EXCLUSIVE LIABILITY TO YOU SHALL BE LIMITED TO $50.00, AS LIMITED DAMAGES AND NOT AS A PENALTY, EVEN IF THE EATAGAIN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. EATAGAIN IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY EATERY FOR WHICH A USER HAS MADE A CHECK-IN, USED A DISCOUNT OR OTHERWISE UTILIZED THE SERVICES.

    You and EatAgain understand and agree that the disclaimers, exclusions, and limitations in this section and the following section are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that EatAgain would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose
  • Indemnification. YOU SHALL RELEASE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS EATAGAIN PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) (COLLECTIVELY, “CLAIMS”) OF WHATEVER KIND, CHARACTER, OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO OR ARE IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS OR USE OF THE SITES, SERVICES OR INFORMATION, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE EATAGAIN PARTIES
  • Disclaimer of Warranties. THE SERVICES, ALL EATAGAIN CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. EATAGAIN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. EATAGAIN DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EATAGAIN WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. EATAGAIN SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF EATAGAIN.

    THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
  • Attorney's Fees. If EatAgain takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due hereunder, EatAgain shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any arbitration or litigation
  • Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than EatAgain. Such hypertext links are provided for User's reference only, and EatAgain does not control such websites and is not responsible for their content. EatAgain's inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. EatAgain assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites
  • Release. Eateries are solely responsible for their interactions with you and any and all Claims suffered by you, or any member of your dining party, as a result of your interaction with or visit to any Eatery or from any product or service of any Eatery. You hereby release the EatAgain Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, 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.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the EatAgain Parties pertaining to the subject matter of this Section
  • Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by EatAgain.
  • Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right
  • ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the EatAgain Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

    Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

    You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

    You and EatAgain must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR EATAGAIN MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, EatAgain will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) EatAgain also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

    Notwithstanding the foregoing, either you or EatAgain may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and 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 or near Dallas county, Texas. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in or near Dallas county, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dallas county, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

    With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor EatAgain shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in or near Dallas county, Texas.

    For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778- 7879 or visit the AAA website at http://www.adr.org
  • Governing Law, Limitations. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SITES, SERVICES OR INFORMATION CONTEMPLATED BY THIS AGREEMENT MUST BE INSTITUTED WITHIN TWO (2) YEARS FROM THE DATE UPON WHICH SUCH CLAIM OR CAUSE AROSE OR WAS ACCRUED
  • Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon
  • No Waiver. The failure of EatAgain to enforce at any time any provision of this Agreement, or the failure to require your performance of any of your obligations shall not in any way affect the ability of EatAgain to enforce each and every provision thereafter. The express waiver by either party of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement
  • Copyright, Patent and Trademark Notice. The Site and Information is the valuable, exclusive property of EatAgain or its licensors and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without EatAgain's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. EatAgain, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of EatAgain, or its affiliates. All other product names and company logos mentioned on the Sites or Information are trademarks of their respective owners
  • Digital Millennium Copyright Act Policy. EatAgain has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act, the text of which may be found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed in Section III.30 of the Agreement
  • Notify Us of Infringers. If you believe any of the Services violate your copyright, notify us in writing at the contact address at the bottom of this Section. Provide your physical or electronic signature; Identify the copyrighted work that you believe is being infringed; identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; Provide us with a way to contact you, such as your address, telephone number, or email; Provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used in connection with the Services; and Provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed. Here is the contact information for copyright notifications:

    EatAgain, Inc.
    510 Garcia Ave, Suite E
    Pittsburg, California 94565
    legal@eatagain.com

    Again, we cannot take action unless you give us all the required information.
  • Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of EatAgain. Any assignment by you other than as provided for in this Section shall be null and void for all purposes
  • Entire Agreement. THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY ACCESSING OR USING THE SITES OR INFORMATION. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND EATAGAIN
Ⓒ 2018 Eat Again