Last Updated: March 18, 2021
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Application in any manner, and each of your heirs, assigns, and successors.
If you use the Application on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APPLICATION, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APPLICATION.
Application. The Application connects consumers with independent contractor Individuals, Users, Couriers, Merchants and/or Peers (“Individuals”, “Users“, , “Couriers”, “Merchant”, “Peers”), to facilitate on-demand delivery or pickup services. Through the Application, consumers may request that merchandise or food be made available for pick-up or delivered to them from an Individual, User, Courier, Merchant and/or Peer who contracts withPlatesToGo to access the Application and receive pick-up an/or delivery opportunities.
PLATESTOGO IS NOT LIABLE OR RESPONSIBLE FOR INDIVIDUALS, USERS, COURIERS, MERCHANTS, OR PEERS COMPLIANCE WITH APPLICABLE FEDERAL, STATE, OR LOCAL LAWS, RULES, REGULATIONS OR STANDARDS PERTAINING TO FOOD PREPARATION AND DELIVERY.
In addition, PlatesToGo does not guarantee the quality of what Individuals, Merchant or Peers sell or gives away for free and does not independently verify, and is not liable for, representations made by any Individuals, Users, Couriers, Merchants and/or Peers regarding their products on the Application.
• The Application is licensed, not sold to you, and you may use the Application only as set forth in these Terms;
• Your use of the Application may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
• The Application is provided "as is" without warranties of any kind, and PlatesToGo’ liability to you is limited; and Disputes arising under these Terms will be resolved by binding individual arbitration.
Independent Contractors. PlatesToGo does not provide services. Individuals, Users, Couriers, Merchant and/or Peers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of PlatesToGo. Individuals, Merchant or Peers have entered into independent contractor agreements with PlatesToGo, which require them to comply with all applicable federal, state, and local laws, rules and regulations. PlatesToGo shall not be liable or responsible for any services provided by Individuals, Merchant or Peers, or any errors or misrepresentations made by any of them. You hereby acknowledge that PlatesToGo does not supervise, direct, control, or monitor a Individuals, Merchant or Peer’s provision of services and expressly disclaims any responsibility or liability for the services performed.
Eligibility. You must be at least eighteen (18) years old to use the Application. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the Application; and (3) That your registration and your use of the Application is in compliance with any and all applicable laws and regulations.
Accounts and Registration. To access some features of the Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.
PLATESTOGO WILL NOT BE LIABLE AND YOU MAY BE LIABLE FOR LOSSES, DAMAGES, LIABILITY, EXPENSES, AND LAWYERS’ FEES INCURRED BY PLATESTOGO OR A THIRD PARTY ARISING FROM SOMEONE ELSE USING YOUR ACCOUNT DUE TO YOUR CONDUCT REGARDLESS OF WHETHER YOU HAVE NOTIFIED US OF SUCH UNAUTHORIZED USE. YOU UNDERSTAND AND AGREE THAT WE MAY REQUIRE YOU TO PROVIDE INFORMATION THAT MAY BE USED TO CONFIRM YOUR IDENTITY AND HELP ENSURE THE SECURITY OF YOUR ACCOUNT.
License. The Application is licensed, not sold, to you for use only under the terms of this license. PlatesToGo reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, PlatesToGo hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the Application on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Application. PlatesToGo may revoke this license at any time, in its sole discretion.
You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by PlatesToGo that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.
Payment Terms. PlatesToGo does not encourage or facilitate the selling of homemade food in violation of any federal or local laws. PlatesToGo provides an Application for valid merchant’s sales to others and for others to donate other users or to local food events. IN SOME JURISDICTIONS IT IS ILLEGAL TO SELL PREPARED FOOD WITHOUT A LICENSE. IF THAT ISN'T AN ISSUE IN YOUR AREA THEN CHOOSE SALE AND SET A SALE PRICE. Donation events may in their own discretion give food for donations. Because of the nature of the Application, PlatesToGo does not always know how much or what a Merchant will exchange for any donation or good. Further, ALL SALES/DONATIONS MUST BE IN CASH ONLY. Sales/Donations paid by you are final and non-refundable, and will be quoted in the local currency of the location where the order is being delivered or picked up. PlatesToGo has no obligation to provide refunds or credits.
Cancellations. PlatesToGo is also a donation based app, thus any cancellation of a planned donation is not the responsibility of PlatesToGo. PLATESTOGO IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR EXPENSES RELATED TO ANY CANCELLATION.
Third-Party Providers. During use of the Application, you may purchase goods and services from third-party Individuals, Users, Couriers, Merchants and/or Peers through the Application. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party Individual or Merchant. PlatesToGo and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall PlatesToGo or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and PlatesToGo disclaims any and all responsibility or liability arising from such agreements between you and a third party.
Individuals, Users, Couriers, Merchants, or Peers. The Application enables you to engage third-party Individuals, Users, Couriers, Merchant and/or Peers to provide delivery services. Any interactions or disputes between you and the third-party Individuals, Users, Couriers, Merchant and/or Peers are solely between you and them. PlatesToGo and its licensors shall have no liability, obligation or responsibility for any interaction between you and any third-party Individuals, Users, Couriers, Merchant and/or Peers.
Third-Party Advertising. The Application may contain third-party advertising and marketing. By agreeing to these Terms you agree to receive such advertising and marketing.
Location Services. In order for the Application to fully function location services must be enabled. The Individual’s, Merchant’s, or Peer’s location is periodically pinged and the buyer's or donator’s location is saved once they send the Individual, Merchant, or Peer their location.
Links to Third Party Sites. The Application may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
Your Use of the Application. In order to use the Application, you agree to the following:
• The Application, including any content that forms part of the Application, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;
• You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
• Post media unrelated to the Application or post media with the intent to deceive.
• Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Application, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Application without prior written authorization;
• You agree not to bypass any security or other features of the Application designed to control the manner in which the Application is used, harvest or mine content from the Application, or otherwise access or use the Application in a manner inconsistent with individual human use;
• You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other Application account without permission;
• You agree not to decipher, reverse engineer, decompile or disassemble the Application, or the software used to provide the Application, in whole or in part, or authorize, direct, or cause a third party to do so;
• You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Application, or any portion thereof, unless and solely to the extent PlatesToGo makes available the means for embedding any part of the Application;
• You agree not to access, tamper with, or use non-public areas of the Application, PlatesToGo’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of PlatesToGo’ providers;
• You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Application or to extract data;
• You agree not to use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that PlatesToGo is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Application;
• You agree that your use of the Application may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and
• You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Application.
Transactions involving Alcohol. Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only be purchased by consumers who are of Legal Age. If you are a consumer, you expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide bona fide government-issued photo identification to your Courier upon delivery to you. Valid forms of identification include but are not limited to: (i) a valid motor vehicle operator’s license, (ii) a passport issued by the U.S. or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age. Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of his or her age. You further understand and acknowledge that neither PlatesToGo nor the Courier can accept your order of Alcoholic Beverages, and the order will only be delivered if the third-party Merchant accepts your order.
YOU AGREE NOT TO DO ANY OF THE ACTS DESCRIBED ABOVE, OR TO ASSIST OR PERMIT ANY PERSON IN ENGAGING IN ANY OF THE ACTS DESCRIBED ABOVE.
Intellectual Property Ownership. The Application, and the media and materials contained in the Application, including all intellectual property rights in the Application, are the sole and exclusive property of PlatesToGo and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by PlatesToGo in these Terms are expressly reserved.
Content You Provide. You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, video clips, reviews, ratings, favorites, liked items, bookmarked Individuals, Users, Couriers, Merchant and/or Peers, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) (that may or may not be viewable by other users) through the Application or through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (“Interactive Areas”).
• You acknowledge that when you Post User Content on or through the Application, the User Content shall be deemed, and shall remain PlatesToGo’ property. PlatesToGo does not provide any compensation for User Content that you Post on or through the Application.
• You agree that User Content that you Post on or through the Application shall be deemed to be non-confidential and non-proprietary, and PlatesToGo shall have no obligation of any kind with respect to such information.
• When you Post User Content on or through the Application, you grant PlatesToGo a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with PlatesToGo’ or its partners’ or affiliates’ business, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed otherwise in writing by PlatesToGo, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) in any media formats and through any media channels.
• You further grant PlatesToGo a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been a PlatesToGo consumer, to attribute User Content to you, if we choose to do so.
User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that PlatesToGo does not control, and is not responsible for, User Content, and that by using the Application, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless PlatesToGo for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
User Generated Content.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or place a targeted individual or group in harm’s way is not allowed and will get your account banned. Professional political satirists and humorists are generally exempt from this requirement.
Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence is not allowed and will get your account banned.
Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition is not allowed and will get your account banned.
Overtly sexual or pornographic material, defined by Webster’s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings" is not allowed and will get your account banned.
Inflammatory religious commentary or inaccurate or misleading quotations of religious texts is not allowed and will get your account banned.
User Content Review. You acknowledge and agree that PlatesToGo and its designees may or may not (but do not assume any obligation to), at PlatesToGo’ discretion, pre-screen User Content before its appearance on the Application. You further acknowledge and agree that PlatesToGo reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Application.
Additionally, PlatesToGo has the right to remove any User Content that violates these Terms or is otherwise objectionable in PlatesToGo’ sole discretion. You acknowledge and agree that PlatesToGo does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Ratings and Reviews. The Application and other Interactive Areas may allow you to rate (“Ratings”) and Post reviews (“Reviews”) of other third-party Individuals, Users, Couriers, Merchant and/or Peers. Such Ratings and Reviews are considered User Content and are governed by these Terms, including, without limitation, your agreement regarding your use of the Application. Ratings and Reviews are not endorsed by PlatesToGo, and do not represent the views of PlatesToGo or of any affiliate or partner of PlatesToGo. PlatesToGo 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. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, and/or the Application may be removed or excluded by us without notice.
Text Messaging. By using the Application, you agree that PlatesToGo and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Application, as well as marketing or other promotional messages. You will not be able to use the Application without agreeing to receive operational text messages. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition of any purchase or use of the Application. If you change or deactivate the phone number you provided to PlatesToGo, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.
Push Notifications. When you install our App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.
Termination of the Agreement. The agreement between PlatesToGo and you embodied by these User Terms may be terminated at any time. If you wish to terminate the Agreement, you must permanently delete the PlatesToGo mobile application installed on your smart phone, thus disabling your use of the PlatesToGo Service. PlatesToGo is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the PlatesToGo Service). PlatesToGo is not obliged to give notice of the termination of the Agreement in advance. After termination PlatesToGo will give notice thereof if required by these User Terms.
Notice of Intellectual Property Infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of PlatesToGo, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Application, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3).
Indemnity. You are responsible for your use of the Application, and you agree to defend (at PlatesToGo’ option), indemnify, and hold harmless PlatesToGo and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
• Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
• Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
• Any dispute or issue between you and any third party, including any Courier, Merchant, or other third-party.
Right to Defend. PlatesToGo reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, PlatesToGo may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without PlatesToGo’ prior written consent.
Disclaimer of Warranties. YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY PLATESTOGO TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PLATESTOGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE APPLICATION. PLATESTOGO DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE APPLICATION OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLATESTOGO’ APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PLATESTOGO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
PLATESTOGO RELIES UPON USERS WHO POST FOOD RELATED CONTENT, MERCHANTS, INCLUDING, BUT NOT LIMITED TO, INDIVIDUALS, RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. PLATESTOGO DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE APPLICATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE APPLICATION IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION NUTRITIONAL AND ALLERGEN INFORMATION.
PLATESTOGO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR APPLICATION ADVERTISED OR OFFERED BY A MERCHANT OR OTHER THIRD PARTY THROUGH THE APPLICATION OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND PLATESTOGO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability. IN NO EVENT SHALL PLATESTOGO’ AGGREGATE LIABILITY EXCEED THE PLATESTOGO FEES ACTUALLY PAID BY YOU TO PLATESTOGO IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100, WHICHEVER IS LESS. IN NO EVENT SHALL PLATESTOGO AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF PLATESTOGO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES.
THE APPLICATION CONNECTS YOU TO OTHER INDIVIDUALS, USERS, COURIERS, MERCHANTS, AND/OR PEERS FOR THE PURPOSES OF FACILITATING COURIER AND PRODUCT FULFILLMENT SERVICES. PLATESTOGO WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY INDIVIDUALS, USERS, COURIERS, MERCHANTS, AND/OR PEERS AND YOU EXPRESSLY WAIVE AND RELEASE PLATESTOGO FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE INDIVIDUALS, USERS, COURIERS, MERCHANTS, AND/OR PEERS. PLATESTOGO WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY USERS, COURIERS, AND/OR MERCHANTS ON THE APPLICATION, AND YOU EXPRESSLY WAIVE AND RELEASE PLATESTOGO FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO INDIVIDUALS, USERS, COURIERS, MERCHANTS, AND/OR PEERS, AND THE ITEMS THEY PROVIDE. PLATESTOGO WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY INDIVIDUALS, USERS, COURIERS, MERCHANTS, AND/OR PEERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE PLATESTOGO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION.
Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
Disputes. PlatesToGo is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, any Courier, or Merchant, or other third party. Disputes between you and PlatesToGo are subject to this Section. You and PlatesToGo agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in these Terms.
Arbitration. In the interest of resolving Disputes between you and PlatesToGo in the most expedient and cost effective manner, you and PlatesToGo agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Application, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PLATESTOGO ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Arbitration between you and PlatesToGo shall be conducted by a single arbitrator, governed by JAMS pursuant to its Comprehensive Arbitration Rules & Procedures (collectively, “JAMS Rules”), as modified by these Terms, and administered by JAMS. The JAMS Rules and fee information are available at www.jamsadr.org or by calling JAMS at 1-800-352-5267. The arbitrator is bound by these arbitration terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrarily.
No Class or Representative Actions. YOU AND PLATESTOGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and PlatesToGo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Apple. To the extent that you are using our mobile applications on an iOS device, you further acknowledge that these Terms are between you and PlatesToGo only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Application and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support Applications with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (1) Product liability claims; (2) Any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) Claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Application and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Application. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
Confidentiality. You acknowledge and agree that when using the Application, you may have direct or indirect access or exposure to PlatesToGo confidential information ("Confidential Information"). Confidential Information includes PlatesToGo’ data, provider IDs, user information, delivery recipient information, delivery provider information, package information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that PlatesToGo designates as being proprietary or confidential or that you should reasonably know to treat as confidential.
You acknowledge and agree that: (1) all Confidential Information shall remain the exclusive property of the PlatesToGo; (2) you shall not use Confidential Information for any purpose except in furtherance of your use of the Application; (3) you shall not disclose Confidential Information to any third party; and (d) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Application or at the request of PlatesToGo.
Modifications. Except as explicitly described in the Dispute Resolution and Arbitration section, we reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Application, except as set forth below. These Terms identify the date of last update. Except as explicitly described in the Dispute Resolution and Arbitration section, your use of the Application following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to the address you may have used to register for an account, through a pop-up window on the Application, or other similar mechanism.
You acknowledge and agree that if PlatesToGo modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Dispute Resolution and Arbitration section herein, you will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agrees that unless the Dispute Resolution and Arbitration section herein is materially different from any prior arbitration provision with PlatesToGo to which you may be bound, your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and PlatesToGo agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for the purpose of litigating any Dispute. We operate the Application from our offices in Delaware, and we make no representation that materials included in the Application are appropriate or available for use in other locations. No joint venture, partnership, employment, or agency relationship exists between you, PlatesToGo or any third-party provider as a result of the Terms or use of the Application.
Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of PlatesToGo to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PlatesToGo in writing.
Buildings411 App End User License Agreement
This End User License Agreement (“Agreement”) is between you and Buildings411 and governs use of this app made available through the Apple App Store. By installing the Buildings411 App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Buildings411 App.<
In order to ensure Buildings411 provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.
1. Parties This Agreement is between you and Buildings411 only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Buildings411, not Apple, is solely responsible for the Buildings411 App and its content.
2. Privacy Buildings411 may collect and use information about your usage of the Buildings411 App, including certain types of information from and about your device. Buildings411 may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Buildings411 App.
3. Limited License Buildings411 grants you a limited, non-exclusive, non-transferable, revocable license to use theBuildings411 App for your personal, non-commercial purposes. You may only use theBuildings411 App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
4. Age Restrictions By using the Buildings411 App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and (c) your use of the Buildings411 App does not violate any applicable law or regulation. Your access to the Buildings411 App may be terminated without warning if Buildings411 believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child's use of the Buildings411 App, you agree to be bound by this Agreement in respect to your child's use of the Buildings411 App.
5. Objectionable Content Policy Content may not be submitted to Buildings411, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
6. Warranty Buildings411 disclaims all warranties about the Buildings411 App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Buildings411, not Apple, shall be solely responsible for such warranty.
7. Maintenance and Support Buildings411 does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Buildings411, not Apple, shall be obligated to furnish any such maintenance or support.
8. Product Claims Buildings411, not Apple, is responsible for addressing any claims by you relating to the Buildings411 App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Buildings411 App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
9. Third Party Intellectual Property Claims Buildings411 shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Buildings411 App. To the extent Buildings411 is required to provide indemnification by applicable law, Buildings411, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Buildings411 App or your use of it infringes any third party intellectual property right.
Entire Agreement. These Terms comprise the entire agreement between you and PlatesToGo and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
If you do not agree to these Terms and Conditions or the End User License Agreement (EULA) you are not allowed to create an account at the PlatesToGo app.
Notice & Contact. PlatesToGo may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Application or via email to the email address listed on your PlatesToGo account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. You may reach us by U.S. postal mail or any other mail carrier service at the following address:
c/o Flowt Inc.
150 W 225 St, Suite 25G,
Bronx, NY 10463
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