Effective: May 1, 2020
We do not own or operate the restaurants. The restaurants that we make available on our Websites operate independently and have entered into agreements with us to provide the food pickup and delivery online ordering available to you on the Websites and thru the Third-Party Service Provider/Platforms. The restaurants are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure. FEASTBOT is not responsible for the restaurant’s food preparation or safety and does not verify any restaurant's compliance with the applicable laws. In addition, FEASTBOT does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by the restaurant, including where the restaurant provides their own delivery services. In addition, FEASTBOT does not independently verify representations made by restaurants regarding their food, including without limitation any menu, store or business/restaurant descriptors or disclosures.
FEASTBOT shall not be liable or responsible for any delivery services provided by the restaurants or any errors or misrepresentations made by them.
You may only use the Websites or Third-Party Service Provider/Platforms to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with FEASTBOT or the restaurant when the venue has chosen to integrate their own payment services. In addition, 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 Websites, and your parent or legal guardian must read and agree to this Agreement prior to your using the Websites. Notwithstanding the foregoing, you are prohibited from using the Sites if you are under the age of 13.
Use of the Websites or Third-Party Service Provider/Platforms to order may require that you register and/or create an account ("Account") or provide an email address and mobile phone number when acting as a Guest. To register and create an Account, you must create a username and password (or provide a third-party linked account) and provide certain personal information. In consideration of the use of the Websites or Third-Party Service Provider/Platforms services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FEASTBOT and/or the restaurant has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FEASTBOT and/or the restaurant has the right to block your current or future use of the Websites or Third-Party Service Provider/Platforms linked to the restaurant (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify FEASTBOT of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. FEASTBOT will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
FEASTBOT may adjust the prices of online order items to reflect a service fee to you the customer to keep the service operating and/or for profit. You acknowledge and agree that menu prices on the restaurants menu may or may not reflect the identical price for online ordering.
PAYMENT and REFUNDS
You pay for orders via the Websites and Third-Party Service Provider/Platforms. You agree that FEASTBOT may immediately authorize your credit card (or other approved facility) for payment for any order made thru the Websites and Third-Party Service Provider/Platforms. You are solely responsible for all activities and charges that occur thru the Websites and Third-Party Service Provider/Platforms when revealing this information. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about a transaction on your credit card statement, please use the “Get In Touch” section of the Website to contact the restaurant whom will then contact the payment provider (or FEASTBOT to conduct an investigation with the payment provider).
All refunds are subject to the refund policies of the restaurants from which you order. If you contact us seeking a refund, we cannot – and will not – process any refund until we receive the approval from the applicable restaurant. We will use reasonable efforts to request and obtain refunds when appropriate.
FEASTBOT is not responsible for the security of cardholder data received from our customers, if any. To the extent that the Websites and Third-Party Service Provider/Platforms store, process, or transmit cardholder data, compliance with the most current version of the Payment Card Industry Data Security Standard (PCI-DSS) and other applicable laws, rules, and regulations are handled by the Third-Party Service Provider/Platforms and/or payment provider.
OUR MATERIALS AND LICENSE TO YOU
With the exception of User Content (defined below) or Third-Party Service Providers Content (defined below), the Websites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to FEASTBOT. The Websites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Websites and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Websites, all trademarks, service marks, logos, trade dress and trade names are proprietary to FEASTBOT, including without limitation, FEASTBOT. Please be advised that FEASTBOT enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Websites and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Websites. Any other use of the Websites and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Websites should be interpreted as granting to you any license or right to use any of the Materials and/or third-party proprietary content on the Sites without the express written permission of FEASTBOT or the appropriate third-party owner, as applicable.
If you download any software from the Websites, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
FEASTBOT reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Websites and/or services offered on or through the Websites (or any part thereof), including but not limited to the Websites' features, look and feel, and functional elements and related services.
YOUR CONTENT AND CONDUCT
I. User Conduct
By accessing the Websites and Third-Party Service Provider/Platforms, you agree:
to comply with all applicable laws regarding online conduct and submission of acceptable User Content;
not to use the Websites or the services or submit content to the Websites if you are under the age of 13;
not to use the Websites to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
not to access the Websites or services using a third-party's account/registration without the express consent of the account holder;
not to attempt, through any means, to gain unauthorized access to any part of the Websites and/or any service, other account, computer system and/or network connected to any FEASTBOT server;
not to attempt to impersonate another user or person;
not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by FEASTBOT;
not to deep-link to the Websites and/or access the Websites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Websites and/or any Materials and/or other content on the Websites, unless FEASTBOT has given you specific permission to do so in writing;
not to conduct any kind of systematic retrieval of data or other content from the Websites;
not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Website content;
not to use the Websites in any manner that could damage, disable, overburden and/or impair any FEASTBOT server, or the network(s) connected to any FEASTBOT server, and/or interfere with any other party's use and enjoyment of the Websites;
not to transmit any chain letters or junk email;
not to use any information obtained from the Websites or the FEASTBOT services in order to contact, advertise to, solicit, or sell to any user or restaurant;
not to sell or transfer your profile;
not to use the Websites to engage in commercial activities apart from sanctioned use of FEASTBOT services;
not to use the Sites as part of an effort to compete with FEASTBOT, the Websites, or the FEASTBOT services;
not to copy any content, including, but not limited to restaurant menu content and/or third-party reviews, for republication in any format or media;
not to license, sell and/or otherwise provide access to and/or use of the Websites to any third party, including without limitation to build a competitive product and/or service;
not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith align with the purpose or spirit of the Websites;
not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
not to harass, annoy, intimidate or threaten any FEASTBOT employees or agents engaged in providing any portion of FEASTBOT’s services;
not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sites or FEASTBOT’s services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Websites or FEASTBOT’s services;
not to upload or transmit viruses or other harmful, disruptive or destructive files;
not to disrupt, interfere with, or otherwise harm or violate the security of the Websites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or affiliated or linked sites (including those of our restaurant partners); and
not to use the Websites for any illegal purposes.
You agree that the consequences of commercial use or re-publication of User Content or Materials from the Websites or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that FEASTBOT will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
II. Content You Provide
FEASTBOT may provide you with interactive opportunities on the Sites, including, without limitation, features such as user ratings and reviews, favorites, liked things and bookmarks of restaurants (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Websites ("User Content").
III. Use of Your Content
You grant FEASTBOT an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with FEASTBOT’s business and in all forms of media now known or hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You further grant FEASTBOT a license to use your username and/or other user profile information, including without limitation, in some cases, your ratings history and how long you have used FEASTBOT’s services, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you.
Further, if you provide any suggestions, input or other feedback relating to the Websites or the services we provide, FEASTBOT shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.
User Content transmitted to certain parts of the Websites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Websites, including without limitation in a compilation format, and as such will be publicly visible and accessible. FEASTBOT and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.
IV. Conduct within Interactive Areas
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Websites.
We do our best to encourage civility and discourage disruptive communication on the Websites. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically and/or otherwise objectionable;
has a commercial, political or religious purpose;
is false, misleading and/or not written in good faith;
infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
is illegal and/or promotes illegal activity;
contains unauthorized advertising and/or solicits users to a business other than those on the Websites; and/or
is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Websites or other sites.
FEASTBOT may monitor any and all use of the Websites; however, we are under no obligation to do so. We may manage the Websites in a manner intended to protect our property and rights and to facilitate the proper functioning of the . If any User Content or conduct on our Websites violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Websites; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such User Content or Materials; and we further reserve the right to terminate or suspend access to any Interactive Areas or any Websites. FEASTBOT will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with User Content.
V. Ratings and Reviews
The Sites may allow you to rate and post reviews of restaurants and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Websites standards of conduct. Ratings and Reviews are not endorsed by FEASTBOT, and do not represent the views of FEASTBOT or of any affiliate or partner of FEASTBOT. FEASTBOT does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the restaurant; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants' products, services or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Websites may be removed or excluded by us without notice.
You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Websites and/or Materials (including without limitation all User Content), and/or all Uses of your User Content by FEASTBOT and/or any third party authorized by FEASTBOT.
EMAIL AND TEXT ALERTS
Customers placing orders may receive email and text message alerts about orders placed on the Third-Party Service Provider/Platforms, such as WiX or WiX Restaurants. To unsubscribe from these communications, please follow the terms located at the Third-Party Service Provider/Platforms found here: https://www.wix.com/about/terms-of-use. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from FEASTBOT, the restaurant, or pertaining to the pickup or delivery regarding your order unless you specifically make this request to FEASTBOT or the restaurant directly. In some arrangements, you may still receive individual email or texts from your separately contracted delivery person that will enable your delivery person to successfully complete the delivery of an order. In that case, please follow the delivery company terms for removal.
Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you have any questions or concerns, you can contact us: support@FEASTBOT.com.
NO WARRANTIES/LIMITATION OF LIABILITY
ALTHOUGH WE TAKE OUR CUSTOMERS’ SATISFACTION VERY SERIOUSLY, IF YOU HAVE ANY PROBLEMS WITH YOUR FOOD ORDER, INCLUDING ANY DELIVERY SERVICES, PLEASE CONTACT THE RESTAURANT DIRECTLY. YOUR ORDER IS BETWEEN YOU AND THE RESTAURANT FROM WHICH YOU ORDER, AND FEASTBOT IS NOT AN ACTUAL PARTY TO ANY SUCH ORDER.
THE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE SERVICES AND/OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS, INCLUDING WITH RESPECT TO ALLERGY INFORMATION AND/OR FOOD PREPARATION STANDARDS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SERVICES AND/OR THE CONTENT. THE SERVICES AND THE CONTENT CONTAIN INFORMATION ON OUR PARTICIPATING RESTAURANTS’ PRODUCTS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES OR IN THE CONTENT DOES NOT IMPLY THAT SUCH PRODUCT IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICES AND THE CONTENT AT ANY TIME WITHOUT NOTICE.
WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR. IN ADDITION, WE RESERVE THE RIGHT TO REPORT ANY FRAUDULENT OR INAPPROPRIATE CONDUCT TO APPROPRIATE AUTHORITIES AT OUR DISCRETION.
THIRD-PARTY SERVICES AND LINKS
The Sites may contain links or direct use of websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third-Party Websites"). FEASTBOT does not review, monitor, operate and/or control the Third-Party Websites and FEASTBOT makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-Party Websites. By providing access to Third-Party Websites, FEASTBOT is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third-Party Websites, including providing information, materials and/or other content to the Third-Party Websites, is entirely at your own risk. FEASTBOT reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.
Your use of the Websites and Third-Party Service Provider/Platforms may be additionally subject to the terms and conditions, including the privacy policies, of the WiX service provider and its WiX Restaurants platform, respectively. By using our Websites and Third-Party Service Provider/Platforms, you may be consenting to receive communications and other solicitations from such provider. Please review the WiX terms and conditions, as applicable, for more information about their rights to send you such communications here: https://www.wix.com/about/terms-of-use
FEASTBOT’s Websites and Third-Party Service Provider/Platforms may use Google Maps and the Google Maps API as part of its online ordering system. By using the Websites and Third-Party Service Provider/Platforms web, iOS, or Android service and/or ordering systems, you are also bound to the Google Maps API Terms of Service found here: https://developers.google.com/maps/terms-20180207. For other third-party map providers and/or API’s that may be used now or in the future by the Websites and Third-Party Service Provider/Platforms, please refer back to its terms here: https://www.wix.com/about/terms-of-use
Use of Google Pay or Apple Pay is subject to the terms and conditions, including the privacy policies, of Google and Apple, respectively. By using Google Pay, you hereby accept the Google Pay API Terms of Service found here: https://payments.developers.google.com/terms/sellertos
ALCOHOLIC BEVERAGES POLICY
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you acknowledge that you are at least 21 years of age. Upon pickup or delivery, as applicable, you shall present a government-issued identification card, evidencing your age. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages.
Your use of the Websites is subject to any and all additional terms, policies, rules or guidelines applicable to FEASTBOT’s services or certain features of the Websites that we may post or link to on the Websites (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Websites. All such Additional Terms are hereby incorporated into this Agreement by reference.
FEASTBOT respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Websites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide FEASTBOT (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Websites;
Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
Please send this notification to FEASTBOT at: BMECOM LLC, dba FEASTBOT, Attention: Copyright Notice, 24 Brant Avenue, Clark, New Jersey 07066.
VIOLATIONS OF THE AGREEMENT
FEASTBOT reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Websites from a particular account, device and/or IP address.
CHANGES TO THE AGREEMENT
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Union County, New Jersey may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in Union County, New Jersey. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may bring an action for injunctive relief in any court of competent jurisdiction.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You expressly acknowledge and agree that this Agreement is formed in county of Union, New Jersey. This Agreement shall be governed by and construed in accordance with the domestic laws of the county of Union and the State of New Jersey, without giving effect to its principles of conflicts of laws. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of any or all of the provisions of this Agreement, which shall remain in full force and effect. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
WAIVER AND SEVERABILITY
Any waiver by FEASTBOT of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.
HOW TO CONTACT US