Terms and Conditions

Before you use our Services, please read these Terms and Conditions section closely and carefully.

SCOPE OF TERMS AND CONDITIONS

The Food Runners (“TFR,” “us,” “our,” or “we”), provide our Services through software, web-based technologies, website, applications, and certain other related mobile services that reference or will reference these Terms and Conditions (“Services”). The Terms and Conditions apply to all use of all of our Services for all requests, orders, deliveries, notifications, communications, and all other uses of the Services whether as customer, self-employed delivery driver (“Driver”), or restaurant partners and food providers (“Restaurant”)(all collectively referred to as “User(s)”). In this agreement, Users means any visitor, user, or other person who accesses our Services, whether such person registers with TFR. The Services provided by TFR are made available solely for your personal, non-commercial use. These Terms and Conditions are a binding agreement between TFR and Users. These Terms and Conditions govern your rights, use, access, and obligations regarding the use of Services. You should carefully review all Terms and Conditions to ensure you understand all rights and responsibilities under this agreement.

PLEASE REVIEW THE “ARBITRATION” SECTION CAREFULLY BEFORE PROCEEDING, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH THE FOOD RUNNERS THROUGH BINDING ARBITRATION. YOU UNDERSTAND AND AGREE TO WAIVE ALL RIGHTS TO A TRIAL BY JURY, RIGHTS TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR PROCEEDING AGAINST THE FOOD RUNNERS. PLEASE MAKE SURE YOU TAKE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION AND ONLY PROCEED IF YOU UNDERSTAND ALL CONDITIONS DESCRIBED HEREIN. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND KNOWLINGLY ACCEPT TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY, AND ALL, OF THE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

TFR SERVICES

TFR is a company that provides online marketing for restaurants using web-based technology and software, including but not limited to applications, to connect Driver to Restaurant and customers via our proprietary Services. TFR Services enables customers to place orders for food and beverages from various Restaurants. Through TFR Services, Drivers are made aware that an opportunity for a delivery order has been made available, and facilitates Drivers’ management of the order from notification, to pick-up from Restaurant and ultimately to delivery to customer. TFR is not a restaurant, food delivery service, or food preparation business. Restaurants are independent entities governed by the applicable local, State and Federal regulations, rules and laws regarding the handling, preparation, safety, sale and marketing of their food products and menu information. TFR is not liable, nor responsible, for the actions and preparation of food products from restaurants and has no control over their compliance with law and regulations in their practices. Further, we do not guarantee the quality of food products or verify menu descriptions are accurate and reflect all the ingredients, including food allergen disclosure. TFR provides opportunities for independent, self-employed delivery drivers to accept food orders from customers, and deliver food from restaurants to them. These drivers are required to comply with, and are governed by, applicable local, State and Federal regulations, rules and laws including the Vehicle Code, Department of Motor Vehicles regulations, and insurance requirements. TFR is not, and will not, liable nor responsible for the actions, omissions, errors, or misrepresentations in the performance of the delivery by the Drivers.

USE OF TFR SERVICES

Use of Services:

TFR grants a non-exclusive, non-transferable, non-licensable, limited, revocable license for limited use as described in this Agreement for your use of our Services. Any use outside of the intended scope of use for these limited purposes is expressly prohibited

To use our Services, you may create an account (“Account”). You may use your Account for all purposes pursuant to this Agreement. In consideration for the use of the Services, you agree that you are legally allowed to create a binding legal obligation with TFR. To ensure the proper use of your Account, you also agree to keep TFR up to date with all current and correct information about your Account, and make any changes as to ensure that all information on your Account is accurate, current, and complete. If you are using our Services on behalf of a corporation, business, organization, university, or company, you represent and warrant that you are authorized to act as an agent of this entity and can bind that entity to this Agreement, and you agree to be bound by this Agreement on behalf of that entity. If you fail to provide, maintain, update or use information that is true, accurate, current and complete, including, without limitation, failing to provide valid, current payment method on your Account, or if there exists grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, TFR has the right to deactivate, cancel or block your current or future use of the Services, including your Account, or any portion thereof. Additionally, TFR may, at its sole discretion, terminate this Agreement with you without need to provide additional notice outside of this Agreement. If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits, TFR Rewards, promotions, promotional offers and any other forms of value associated with your Account without prior notice to you.

You are solely responsible for maintaining the security of your Account, including your password, Facebook, Google, Instagram, or any other third-party login when applicable. Please ensure that you take reasonable steps to protect your Account and all sensitive information including password, personally identifying information, and confidential information. Should you suspect or discover any unauthorized use, breach of security, loss, theft, or disclosure of personal or confidential information, or of your Account immediately contact us. TFR will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to properly secure and protect your Account and information, or for any acts or omissions by you or someone else who is using your Account and/or password. It is your sole responsibility to monitor your Account and take reasonable steps to avoid any such loss, injury or damage that could arise from your Account being compromised.

Code of Conduct:

Any person who accesses our Services is considered a User. All Users agree to obey all laws, rules, and ethics whenever accessing or using Services provided by TFR. Users will not use or access any Account without the express consent of the registered owner. Users will not make any attempt to gain unauthorized access, harm, disable, or impair the function of the Services. Users will not solicit, obtain information, sell, or advertise to another User without the express written consent of TFR. Users will not monitor, scrape, or copy any portion of the Services, Data, or content unless specifically given express consent by TFR. Users will not copy, distribute, or proliferate any promotion, offer, discount in bad faith in an attempt to gain any benefit to the harm of TFR. Users will not create or post inappropriate, hateful, racist, or otherwise undesirable Data on any of the Services provided. Users will not engage in any criminal, illegal, harmful, or distasteful activity or act in any way that is in opposition to the applicable laws, rules, regulations, and this Code of Conduct.

All Users agree to the Code of Conduct and understand that TFR will enforce the terms set forth herein. We may suspend or close Accounts, seek legal redress, injunctions, and compensation, without limitation, for any violations of the terms of this Agreement or violation of the Code of Conduct.

Termination of Use of Services:

TFR reserves the right to terminate and deny all use of Services for any reason at its sole discretion. You may also elect at any time to terminate use of Services for any reason. You do not have to inform TFR of your intent to terminate use. However, if you would like your account deleted, you can contact TFR to make such a request. TFR will take reasonable steps to comply with your request if such actions are possible.

Performance of Services:

TFR does everything possible to provide quality Services to Users. However, TFR does not guarantee that Services will always function properly, will be uninterrupted, or free from third party bugs, viruses, malware, or other damaging items. TFR is not responsible for any such damage as a result of use of its Services. All Services are provided “AS IS” without warranty of any kind, express or implied. TFR does not intend Services to replace or supersede real-time information that may be provided by other means or can be observed by Users. This includes, but is not limited to, route information, closures, restrictions, traffic lights, etc. You agree that you will obey all laws and proceed cautiously in response to road and real-world conditions.

You acknowledge that your use of, or reliance on, Services is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable all laws while using Services. You also agree that you will not use, at any time for any reason, Services while driving or operating a motor vehicle. It is dangerous and illegal to use Services while driving, and it is expressly prohibited. You must only use Services when you have stopped driving and then only when safe to do so.

PAYMENTS

Use of Services may require you to make payments at certain times, for example, as when placing an order. Once payment is made, it is considered final and non-refundable. TFR may review any payment and elect to issue credits, refunds, or adjustments, but is under no obligation to do so and will do so only at its sole discretion. Such adjustments may be made on case-by-case basis, for example, correcting the amount charged, applying discount, or issuing a credit as result of a mistake with your order. However, this does not create any obligation for TFR to make any adjustment and shall not create any reliance for similar adjustments for any future payments or waiver of our right to collect payment.

Payment amounts may vary due to price changes, special rates, promotions, promotional offers, TFR Rewards and credits. TFR may elect, at is sole discretion, to make any such offers and special rates available to all or some Users, but that shall not require TFR to make such offers and special rates available to any or all Users. It is your responsibility to review and accept prices as quoted when placing an order. TFR shall not be responsible for any reliance on any price besides that payment amount as shown in the order total once order has been placed. TFR reserves the right to change or update prices, fees, delivery fees, taxes, and charges for any or all orders offered through our Services at any time and for any reason or no reason whatsoever.

Credit Cards:

You authorize TFR to charge the payment method you specify at the time of placing your order. If you select to make payment with a credit card, TFR may request pre-authorization prior to your purchase to verify that the credit card is valid and has credit available for your purchase.

House Accounts:

If you elect to set up a House Account, TFR will advance payment for your orders placed through our Services. In the event you use your House Account, we may submit separate invoices for the amount of the advance payment(s) made by TFR on your behalf. If you fail to pay any invoice within thirty (30) days of the date of the invoice (“Due Date”), you grant TFR the right to charge the credit card or bank account you provide through your Account at any time after Due Date, unless otherwise prohibited by law.

TFR Rewards and Conditions:

The Food Runners reserves the right to alter, modify or cancel this program at any time for any reason whatsoever. By using the TFR Rewards points system, you are accepting these terms and conditions. The Food Runners reserves the right to terminate or cancel your account and TFR Rewards account if you do not place an order on your account for a period of sixty (60) days. The Food runners can also restrict and limit transfer of TFR Rewards points, we reserve the right to exclude inter-office transfers and any extra points offers are awarded at our discretion. Points are not transferable. The Food Runners will not be liable for lost mail, merchandise or returned email or any consequences thereof. Further, we are not responsible for replacing lost, stolen, or mutilated TFR gift cards. Any kind of fraud, violation of these terms or abuse related to the accrual or redemption of points will result in immediate forfeiture of all points in the associated TFR Rewards account. Points forfeited for any reason will not be reinstated and The Food Runners maintains sole discretion regarding forfeit of points.

Redemption of TFR Rewards are subject to availability. Some TFR Rewards are available only during the special period of time, and some rewards have limited availability. In the case of item unavailability, listing error, software malfunction or any other event preventing us from completing the redemption of points, The Food Runners will void the order and reimburse the associated points back to the member’s account.

We will also not be able to accommodate any change requests made after a TFR Gift Card has been sent or mailed.Visa reloadable gift cards are provided through an outside party and can take fifteen (15) business days to be mailed after time of redemption. We are not responsible for any delays in mailing or transit. Once customer has received the card, we have no further responsibility. Any and all information shared and provided is strictly between the third-party card provider and the owner or recipient of the Visa reloadable gift card. All information provided for activation of the Visa reloadable gift card is confidential. Redemption of Visa reloadable gift cards is limited to one person on the account. After a Visa reloadable gift card is mailed to the person listed on the account, any subsequent redemption of points towards a gift card will be loaded onto the same card. If the Visa reloadable gift card lost, there will be a $5.00 fee charged for a replacement card.

The maximum amount of points redeemable in one month is 40,000. The Food Runners Rewards Program is void where prohibited by law. These rules and regulations set forth all the terms of the Program, but we reserve the right to alter, modify, delete, or end The Food Runners Rewards Program at any time for any reason at our sole discretion.

COVID-19 ADDITIONAL TERMS:

Due to the unprecedented national emergency we are temporarily suspending redemption of points through The Food Runners Rewards Program. At this time, we are monitoring the current situation and hope to reinstate the Program as soon as possible. Customers will still be able to accrue points in their accounts, but these points will be added to their TFR Rewards account for use at a future date. We will also not be resetting any accounts for inactivity for the period of March 17, 2020 – July 3, 2020, as we understand many of our customers are facing tough times. We appreciate your understanding and apologize for the inconvenience. We hope all our customers stay safe, and together we will make it through these difficult times.

USE OF DATA

TFR grants a limited, non-exclusive, revocable license for use and access to the Services subject to this Agreement. You may not use any information, data, pictures, software (“Data”) gathered from the Services for any purpose outside those necessary for the normal and intended use for facilitating customer to place order, Restaurant for fulfilling order, and Driver for pick-up, delivery and management of orders. All Data is provided only for this specific use as needed for proper function of Services. Additionally, no Data may be scraped, gathered, collected, aggregated, mined, or otherwise obtained from the Service without prior, specific consent by TFR. We will not be liable for any damage, injury or loss that may result from any User obtaining any Data from our Services, whether done illegally or under permission from TFR. This is not an exhaustive list of prohibited uses and we reserve the right to permit or deny any use of Services as we deem appropriate. Any other use of the Services is strictly prohibited and can only be granted by the express written consent by TFR. Any rights or uses not granted explicitly by this Agreement, are reserved by TFR. Data, with some limited exceptions, is the sole and exclusive property of TFR and are protected by copyright, trademark, confidentiality, and other proprietary rights and laws. TFR may also display copyright, trademark, service marks, logos and trade names of other business and restaurants, and these are also protected by the same rights and laws by, and for, their respective owners. TFR shall protect and enforce its intellectual property rights to the full extent of the law.

TFR reserves the right to use, collect, store, analyze, and review data collected from its Services for quality control, training, review, and other business purposes at its sole discretion. Data collected can be used for improving Services, reviewing orders, managing payments, confirming order fulfillment, preventing fraud, performing maintenance, troubleshooting software problems, develop new features, communicate with Users, and other functions herein not described.

TFR will make reasonable efforts to comply with all laws governing use and collection of said data.

Location Information:

You grant permission for TFR to collect, transmit, report, and otherwise share within TFR precise location information from your device while using TFR’s Services. If you do not choose to allow collection of this information, you can notify TFR of your choice in writing. However, sharing location information may be required for proper function of Services and will limit your ability to use certain features. Additionally, disabling collection of precise location from your device will not limit our ability to collect your trip location information from your device, order fulfillment, nor will it deny our ability to derive approximate location from your IP address and other means of collections used. The location information collected may be used to improve quality of Services and provide detailed information linked to your account. TFR may retain information for a limited period of time for the reasons herein described.

Internet Connection:

Internet connection and use of data is necessary for the access and function of TFR Services from Users’ devices. The use and cost of this data is your sole responsibility. You understand that you may incur costs for use of Services from your service provider, and you agree to bear all costs associated with any use of Services.

Telephone and Text Messaging:

By providing TFR with a cell phone number you agree to receive phone calls, SMS, and MMS messages for informational and commercial purposes. TFR may transmit messages that are related to orders, status, promotions, feedback, or information. You may elect to unsubscribe from receiving these messages from us at any time by contacting TFR or simply replying with ‘STOP’. Please be advised that Drivers and possibly Restaurants may also communicate by phone calls, SMS, and MMS messages for the successful delivery of your order. Standard data and messaging rates may apply as determined by your service provider.

Mobile Applications:

TFR may release mobile applications to access our Services via your mobile device or cell phone. TFR grants a non-exclusive, non-transferable, non-licensable, limited, revocable license for limited use of the mobile application. TFR does not warrant the proper function or compatibility of your mobile device with our mobile application. We may use third party code and this code is subject to and governed by a third-party license. The mobile application may be subject to update, and depending on your settings may automatically update, whenever a new version is made available. You acknowledge and consent to the download of any such updates for the mobile application. Any subsequent update is subject to all terms of this Agreement and you agree that all terms will be applied to any future iteration of the mobile application. Any other use of the mobile application is strictly prohibited and can only be granted by the express written consent by TFR. Any rights or uses of the mobile application not granted explicitly by this Agreement are reserved by TFR. Use of mobile application may result in additional data charges by your service provider for which you are solely liable and responsible. You further agree to comply with all laws and regulations related to use of mobile applications and Services.

USER GENERATED CONTENT

Users may generate, publish, share, provide or create data, feedback, reviews, pictures, images, text, information, or any other materials (“Content”) through the use of our Services. You represent that you have all necessary property and intellectual property rights to all Content that you provide to the Services. You also represent that you are permitted to publish the Content and can allow TFR to publish and use the Content in any manner. You allow TFR to use such Content, without limitation, on its Services for any purpose whatsoever. You grant TFR with an irrevocable, royalty-free, non-exclusive, license for any Content you share with us. TFR retains all rights of intellectual property including, but not limited to, the right to reproduce, distribute, create derivative works, perform, display and use all Content that you submit, at its sole discretion, including any commercial use of Content. You understand that TFR shall have the right to freely use and exploit all Content without notice, approval, or compensation for any use whether commercial or otherwise.

TFR also retains all rights to prohibit, delete, alter, review, or otherwise remove all Content posted by Users to its Service. TFR may remove any Content it deems inappropriate, offensive, prurient, distasteful, illegal, harmful, abusive, obscene, or objectionable for any reason whatsoever at its sole discretion. However, TFR does not promote or endorse any Content posted and will not be held liable or responsible for any violations of law or rights for Content posted by User. You agree to release from liability TFR, officers, affiliates, agents, and related parties for any actions of any third party in regard to User generate Content. Furthermore, TFR does not guarantee that any Content submitted will be published, or if published, will remain published for any period of time.

All Users agree to not share or publish any Content that may be considered inappropriate, offensive, prurient, distasteful, illegal, harmful, abusive, obscene, or objectionable. Users further agree to not post false or misleading information, advertising, solicitations on any of the Services. Failure to comply with any of the terms set forth related to Content can result in suspension or cancellation of User Account, legal and/or criminal proceedings.

THIRD PARTY SERVICES

TFR provides information and may redirect you to third party services, such as Apple Maps, Google Maps, Google Hangouts, etc. TFR is in no way affiliated with any corporation or services outside of TFR Services, unless expressly represented as an affiliate service. You agree to indemnify TFR from any third-party claims arising from use or misuse of third-party services. TFR in no way guarantees or promotes any third party services, and you understand and agree that any losses, damages, errors, or other claims against third party services are separate from TFR, and TFR will not be liable for any such claims. You further acknowledge that use of third-party sites is done so at your own risk.

Facebook Policy is available for review at tfr.com/facebookpolicy

Instagram Policy is available for review at tfr.com/instagrampolicy

Twitter Policy is available for review at tfr.com/twitterpolicy

PRIVACY

Sharing of Information:

TFR may find it necessary to share your information for the normal function of Services. TFR will take reasonable measures to limit the sharing of certain information only as necessary for proper functions of Services. However, you agree to allow such sharing of information as is deemed reasonable by TFR. TFR may also share some limited information with third parties. By use of the Services you are consenting to such sharing. Such sharing may include, but is not limited to, sharing account information with IT services providers during development of new software, sharing information regarding order volume with vendors in marketing efforts, gross receipts for accounting purposes, and other uses hereto not described. Private and Confidential Information: TFR will take reasonable steps to protect private and confidential information. TFR will only release such information in the extent it complies with laws and regulations governing use of such data or as required by law.

Copyright Information:

If you believe that copyright protected work has been made available on our Services, please notify TFR immediately in accordance with the rules and regulations provided by the law. Please be aware that TFR will take all actions needed to comply with any valid notifications to stop any infringing activities. Any Users found to infringe copyright may be subject to Account suspension or cancellation. Repeat offenders will be excluded and Accounts will be cancelled. If you suspect copyright infringement, please contact us at: customerservice@thefoodrunners.com

MODIFICATIONS

TFR reserves the right to make modifications to its Services and the Terms and Conditions for use of its Services at any time at its sole discretion. TFR does not have to provide any prior notice of any changes or modifications. Such changes made be made from time to time, and no claims can be brought due to changes to terms and conditions, or the Services themselves, even if such changes affect its functions. Continued use of Services after such changes to this agreement constitutes consent to the changes and all other terms and conditions.

You agree that you are responsible for reviewing any changes of terms and conditions, and we advise you to periodically review these terms to ensure your knowledge and understanding of the current terms and conditions. If you do not agree to any changes or modification, you must immediately discontinue use of our Services.

ARRANTIES

TFR MAKES NO WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF SERVICES. ANY USE OF SERVICES IS ENTERED INTO WITH UNDERSTANDING THAT NO WARRANTY FOR SPECIFIC USE, MERCHANTABILITY, SECURITY OR PERFORMANCE IS MADE AS TO ANY OF ITS SERVICES. TFR DOES NOT REPRESENT THAT ANY OF ITS SERVICES ARE SECURE, FREE FROM ERRORS, FREE FROM VIRUSES OR WITHOUT DEFECTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION AS TO CORRECTNESS, ACCURACY, SAFETY, QUALITY OF ANY MATERIALS OR CONTENT PROVIDED ON OUR SITES AND SERVICES.

BY USE OF SERVICES YOU AGREE AND ASSUME, WITHOUT LIMITATION, ALL RESPONSIBILITIES FOR USE OF TFR SERVICES. YOU AGREE TO OBEY AND COMPLY WITH ALL LAWS, AND YOU UNDERSTAND THAT ANY, AND ALL, USE IS SOLELY AT YOUR OWN RISK.

TFR, ITS DIRECTORS, ANY OF ITS EMPLOYEES, OR RELATED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL FOR ANY LOSS RELATED TO OR ARISING FROM USE OF ITS SERVICES. YOU AGREE TO RELEASE TFR, ITS DIRECTORS, ANY OF ITS EMPLOYEES, OR RELATED PARTIES FROM ANY DAMAGES RELATING TO USE OF THE SERVICES AS ALLOWED BY THE APPLICABLE LAW.

TFR IS NOT LIABLE FOR FAILURE TO PERFORM, DELAYS, ERRORS, OR OTHER DAMAGES FOR REASONS THAT ARE OUTSIDE OUR CONTROL, INCLUDING THE ACTS OF THIRD PARTIES, DRIVERS, RESTAURANTS AS WELL AS THOSE ARISING FROM USE INTERNET, TELEPHONE, AND MOBILE SERVICES. TFR DOES NOT REPRESENT OR WARRANT THAT INFORMATION PROVIDED BY THIRD PARTIES, INCLUDING RESTAURANTS ARE ACCURATE AS TO DECRIPTIONS, INCLUDING, BUT NOT LIMITED TO ALLERGENS, ANIMAL PRODUCTS, GLUTEN AND OTHER DIETARY AND NUTRITIONAL INFORMATION. TFR RELIES ON INFORMATION PROVIDED BY RESTAURANTS AND DOES NOT CONFIRM THAT INFORMATION IS ACCURATE. YOUASSUME ALL RISK FOR USING AND RELYING UPON INFORMATION PROVIDED BY ANY THIRD PARTY.

LIMITS OF LIABILITY

TFR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY DAMAGES OR LOSSES OF ANY TYPE, TO THE FULLEST EXTENT ALLOWABLE BY LAW. TFR ASSUMES NO LIABILITY OR RESPOSNIBITILY FOR ANY DAMAGES ARISING FROM USE OF SERVICES OR ANY THIRD-PARTY SERVICES USED IN CONJUCTION WITH OUR SERVICES. IN ANY EVENT TFR’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, CLAIMS WHETHER DUE TO WARRANTY, CONTRACT, TORT, OR CONSUMER PROTECTION SHALL NOT EXCEED THE LOWER AMOUNT OF $500.00 OR THE TOTAL PAID BY THE USER, AS LIQUIDATED DAMAGES. ANY LIMITATIONS THAT ARE NOT ALLOWABLE UNDER THE APPLICABLE LAW SHALL NOT BE DEEMED TO RENDER ALL OTHER LIMITATIONS INVALID, AND THE REMAINDER OF THE LIMITATIONS SHALL REMAIN IN EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITS ON LIABILITY ARE MATERIAL AND BARGAINED-FOR AS PART OF THE AGREEMENT AND ARE FAIR AND REASONABLE. YOU ALSO AGREE THAT YOU HAVE CONSIDERED THESE TERMS AND YOU ENTER THIS AGREEMENT FREELY AND WITH UNDERSTANDING OF THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MUST DISCONTINUE USE IMMEDIATELY.

INDEMNITY

You agree to indemnify and hold harmless TFR for any losses, monetary or otherwise, resulting from any misuse or violation of these Terms and Conditions. Additionally, you will cover all expenses and losses, including but not limited to attorneys’ fees, incurred by TFR as a result of your breach of this agreement.

GOVERNING LAW

TFR is a corporation with principal place of business in California. The vast majority of its economic activities are centered and performed in California. Any disputes, claim or controversy arising from the provision and use of Services by TFR will be governed by the laws of the State of California.

ARBITRATION

You agree that all claims or disputes between you and TFR that may arise out of this Agreement, or that relate to your use of the Services, shall be resolved through binding arbitration. With the only exception being actions may be brought to seek injunction to prevent actual or threatened infringement of intellectual property rights, including but not limited to copyright, trademarks, trade dress, or individual actions brought forth in small claims court for damages limited at $500.00 as set forth in this agreement. Arbitration is a process in which an arbitrator, and not a judge or jury, will resolve the dispute and render a decision or ruling. An arbitrator, usually a retired judge or licensed attorney, will preside over the arbitration and make a decision based on the information presented in the proceedings. Arbitration does limit some of the legal requirements and rights as compared to a court trial. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules. The Federal Arbitration Act will govern the implementation of this section.

Your responsibility to pay any fees related to the arbitration proceedings will be governed by the AAA Rules. The arbitrator will render a decision within the time frame specified in the AAA Rules. The arbitrator's decision will include the findings and conclusions upon which the arbitrator based his/her decision. The arbitrator's award of damages is subject to the Limits of Liability set forth herein. TFR may seek to recover attorneys' fees and expenses if we prevail in arbitration.

You acknowledge that you understand and agree that you and TFR are each waiving the right to a trial by jury and agree to have all disputes resolved in final, binding arbitration. You further acknowledge that you understand and agree that any claim arising under this Agreement must be brought within one year of the alleged date of the dispute or you waive all right to bring forth any legal proceeding regarding the claim. We reserve the right to change this section at any time, but any such changes will not apply to disputes arising before the effective date of said change. Should TFR make changes to this section after the date you first accepted this Agreement you agree that your continued use of the Services will be deemed acceptance of those changes. If you do not agree to such change, you must discontinue use of all Services immediately.

CLASS ACTION WAIVER

You further acknowledge that you understand and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, all claims are to be resolved in individual arbitration proceedings for each dispute. If this specific paragraph is held unenforceable, this section will be deemed void. You further acknowledge that you understand and agree that any claim arising under this Agreement must be brought within one year of the alleged date of the dispute or you waive all right to bring forth any legal proceeding regarding the claim. We reserve the right to change this section at any time, but any such changes will not apply to disputes arising before the effective date of said change. Should TFR make changes to this section after the date you first accepted this Agreement you agree that your continued use of the Services will be deemed acceptance of those changes. If you do not agree to such change, you must discontinue use of all Services immediately.

EVERABILITY

Should any provision or clause in this agreement be held to be unenforceable, void or illegal such clause will be ineffective, but will not have the effect of invalidating or making unenforceable all other provisions set forth herein. To the extent permitted by law, the parties agree that the remainder of the agreement remains valid and the parties will remain subject to its terms and conditions.

ENTIRE AGREEMENT

This Agreement shall constitute the entirety of the terms and agreement between you and TFR in connection to all Services provided by TFR.

CONTACT US Should you have any questions regarding this Agreement you can submit your inquiries to:

THE FOOD RUNNERS
PO BOX 15532
NEWPORT BEACH, CA
92659