Terms and Conditions
- United States
Carriage house food Delivery Consumers
Terms and Conditions Agreement
Effective: July 26, 2021
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND
CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
CARRIAGE HOUSE FOOD DELIVERY, INC., A TAMPA CORPORATION, AND ITS
SUBSIDIARIES AND AFFILIATED COMPANIES, INCLUDING ENCORE CLUB
MANAGEMENT, LLC (COLLECTIVELY, “CARRIAGE HOUSE FOOD DELIVERY,” “WE,”
“US,” OR “OUR”).
OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU
AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT
LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE
EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, OUR ARBITRATION
AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES
BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS
YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE
PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU ARE WAIVING YOUR RIGHT TO
SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN
PENDING PROPOSED CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR
MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE
EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE
ARBITRATION AGREEMENT.
1. Acceptance of this Agreement
Carriage house food Delivery, including its wholly-owned
subsidiary Encore Club Management LLC, provides an online
marketplace connection, using web-based technology that connects
you and other consumers, restaurants and/or other businesses and
independent delivery contractors (“Contractors”). Carriage house
food Delivery’s software permits consumers to place orders for
food and/or other goods from various restaurants and businesses,
either for delivery or pickup (the “Software”). Once a delivery
order is made, the Software notifies Contractors that a delivery
opportunity is available and the Software facilitates completion
of the delivery to the consumer. Once a pickup order is made,
the Software communicates with the customer regarding the
availability of the order for pickup. Carriage house food
Delivery is not a restaurant, delivery service, or food
preparation business.
If you access any of our websites located at
www.WereCarriage.com Encore Club Management LLC.com, install or
use our Carriage house food Delivery or Encore Club Management
LLC mobile application, install or use any other software
supplied by Carriage house food Delivery, or access any
information, function, or service available or enabled by
Carriage house food Delivery (each, a “Service” and
collectively, the “Services”), or complete the Carriage house
food Delivery account registration process, you, your heirs,
assigns, and successors (collectively, “you” or “your”) hereby
represent and warrant that:
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you have read, understand, and agree to be bound by this
Agreement;
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you are of legal age in the jurisdiction in which you reside
to form a binding contract with Carriage house food Delivery;
and
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you have the authority to enter into the Agreement personally
and, if applicable, on behalf of any organization on whose
behalf you have created an account and to bind such
organization to the Agreement.
The terms “User” and “Users” refer to all individuals and
other persons who access or use the Services, including,
without limitation, any organizations that register accounts
or otherwise access or use the Services through their
respective representatives. Except as otherwise provided in
this Agreement, if you do not agree to be bound by the
Agreement, you may not access or use the Services.
2. Modifications
Subject to Section 12(k) of this Agreement, Carriage house food
Delivery reserves the right to modify the terms and conditions
of this Agreement or its policies relating to the Software or
Services at any time, effective upon posting of an updated
version of this Agreement through the Services. You should
regularly review this Agreement, as your continued use of the
Services after any such changes constitutes your agreement to
such changes.
3. Additional Terms and Policies
By using the Services, you agree to be bound by this Agreement
and acknowledge and agree to the collection, use, and disclosure
of your personal information in accordance with Carriage house
food Delivery’s Privacy Policy, which is incorporated in this
Agreement by reference. You also agree to abide by any
additional Carriage house food Delivery policies for Users that
are published on our website or mobile application. Certain
features of our Services may be subject to additional terms and
conditions, which are incorporated herein by reference.
4. Rules and Prohibitions
Without limiting other rules and prohibitions in this Agreement,
by using the Services, you agree that:
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You will only use the Services for lawful purposes; you will
not use the Services for sending or storing any unlawful
material or for deceptive or fraudulent purposes; and you will
not engage in conduct that harms other Users, Carriage house
food Delivery employees, or our community.
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You will only use the Services in accordance with all
applicable laws, including copyrights, trade secrets, or other
rights of any third party, including privacy or publicity
rights.
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You will only access the Services using means explicitly
authorized by Carriage house food Delivery.
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You will not use another User’s account, impersonate any
person or entity, or forge or manipulate headers or
identifiers to disguise the origin of any content transmitted
through the Services.
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You will not use the Services to cause nuisance, annoyance or
inconvenience.
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You will not use the Services, or any content accessible
through the Services, for any commercial purpose, including
but not limited to contacting, advertising to, soliciting or
selling to, any Merchant, User or Contractor, unless Carriage
house food Delivery has given you prior permission to do so in
writing.
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You will not copy or distribute the Software or any content
displayed through the Services, including Merchants’ menu
content and reviews, for republication in any format or media.
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You will not compile, directly or indirectly, any content
displayed through the Services except for your personal,
noncommercial use.
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The information you provide to us when you register an account
or otherwise communicate with us is accurate, you will
promptly notify us of any changes to such information, and you
will provide us with whatever proof of identity we may
reasonably request.
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You will keep secure and confidential your account password or
any identification credentials we provide you which allows
access to the Services.
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You will use the Software and Services only for your own use
and will not directly or indirectly resell, license or
transfer the Software, Services or content displayed by the
Services to a third party.
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You will not use the Services in any way that could damage,
disable, overburden or impair any Carriage house food Delivery
server, or the networks connected to any Carriage house food
Delivery server.
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You will not attempt to gain unauthorized access to the
Services and/or to any account, resource, computer system,
and/or network connected to any Carriage house food Delivery
server.
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You will not probe, scan, or test the vulnerability of any
system or network or breach or circumvent any security or
authentication measures Carriage house food Delivery may use
to prevent or restrict access to the Services or use of the
Services or the content therein.
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You will not deep-link to our websites or access our websites
manually or with any robot, spider, web crawler, extraction
software, automated process and/or device to scrape, copy,
index, frame, or monitor any portion of our websites or any
content on our websites.
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You will not scrape or otherwise conduct any systematic
retrieval of data or other content from the Services.
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You will not try to harm other Users, Carriage house food
Delivery, or the Services in any way whatsoever.
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You will not engage in threatening, harassing, racist, sexist
or any other behavior that Carriage house food Delivery deems
inappropriate when using the Services.
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You will report any errors, bugs, unauthorized access
methodologies or any breach of our intellectual property
rights that you uncover in your use of the Services.
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You will not abuse our promotional or credit code system,
including by redeeming multiple coupons at once or by opening
multiple accounts to benefit from offers available only to
first-time users.
- You will not attempt to undertake any of the foregoing.
In the event that we believe or determine that you have breached
any of the aforementioned, we reserve the right to suspend
and/or permanently deactivate your account at our sole
discretion.
5. Contractors and Merchants Are Independent
You understand and agree that Carriage house food Delivery
provides a technology platform connecting you with independent
food service providers and others that provide the products
offered through the Services (“Merchants”), and independent
third-party contractors who provide delivery services
(“Contractors”). You acknowledge and agree that Carriage house
food Delivery does not itself prepare food or offer delivery
services, and has no responsibility or liability for the acts or
omissions of any Merchant or any Contractor. Merchant is the
retailer; the services offered by Carriage house food Delivery
pursuant to this Agreement do not include any retail services or
any food preparation services. Carriage house food Delivery is
not in the delivery business nor is it a common carrier.
Carriage house food Delivery provides a technology platform
facilitating the transmission of orders by Users to Merchants
for pickup or delivery by Contractors. Carriage house food
Delivery will not assess or guarantee the suitability, legality
or ability of any Contractor or Merchant. You agree that
Carriage house food Delivery is not responsible for the
Merchants’ food preparation or the safety of the food or whether
the photographs or images displayed through the Services
accurately reflect the food prepared by the Merchants and/or
delivered by the Contractor, and does not verify Merchants’
compliance with applicable laws or regulations. Carriage house
food Delivery has no responsibility or liability for acts or
omissions by any Merchant or Contractor.
You agree that the goods that you purchase will be prepared by
the Merchant you have selected, that title to the goods passes
from the Merchant to you at the Merchant’s location, and that,
for delivery orders, the Contractor will be directed by your
instructions to transport the products to your designated
delivery location. You agree that neither the Contractor nor
Carriage house food Delivery holds title to or acquires any
ownership interest in any goods that you order through the
Services.
6. User Account
You may be required to register for an account to use parts of
the Services. You must provide accurate, current, and complete
information during the registration process and at all other
times when you use the Services, and to update the information
to keep it accurate, current, and complete. You are the sole
authorized user of any account you create through the Services.
You are solely and fully responsible for all activities that
occur under your password or account. You agree that you shall
monitor your account to prevent use by minors, and you will
accept full responsibility for any unauthorized use of your
password or your account. You may not authorize others to use
your user status, and you may not assign or otherwise transfer
your User account to any other person or entity. Should you
suspect that any unauthorized party may be using your password
or account, you will notify Carriage house food Delivery
immediately. Carriage house food Delivery will not be liable and
you may be liable for losses, damages, liability, expenses, and
fees incurred by Carriage house food Delivery or a third party
arising from someone else using your account, regardless of
whether you have notified us of such unauthorized use. If you
provide any information that is untrue, inaccurate, not current,
or incomplete, or Carriage house food Delivery has reasonable
grounds to suspect that such information is untrue, inaccurate,
not current, or incomplete, Carriage house food Delivery has the
right to suspend or terminate your account and refuse any and
all current or future use of the Services (or any portion
thereof). We may enable or require you to use a single pair of
login credentials to use the Carriage house food Delivery and/or
Encore Club Management LLC services. You agree not to create an
account or use the Services if you have been previously removed
by Carriage house food Delivery, or if you have been previously
banned from use of the Services.
7. User Content
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User Content. Carriage house food Delivery
may provide you with interactive opportunities through the
Services, including, by way of example, the ability to post
User ratings and reviews (collectively, “User Content”). You
represent and warrant that you are the owner of, or otherwise
have the right to provide, all User Content that you submit,
post and/or otherwise transmit through the Services. You
further represent and warrant that any User Content that you
submit, post and/or otherwise transmit through the Services
(i) does not violate any third-party right, including any
copyright, trademark, patent, trade secret, privacy right,
right of publicity, or any other intellectual property or
proprietary right; (ii) does not contain material that is
false, intentionally misleading, or defamatory; (iii) does not
contain any material that is unlawful; (iv) does not violate
any law or regulation; and (v) does not violate this
Agreement. You hereby grant Carriage house food Delivery a
perpetual, irrevocable, transferable, fully paid,
royalty-free, non-exclusive, worldwide, fully sublicensable
right and license to use, copy, display, publish, modify,
remove, publicly perform, translate, create derivative works,
distribute and/or otherwise use the User Content in connection
with Carriage house food Delivery’s business and in all forms
now known or hereafter invented (“Uses”), without notification
to and/or approval by you. You further grant Carriage house
food Delivery a license to use your username, first name and
last initial, and/or other User profile information, including
without limitation, your ratings history, to attribute User
Content to you in connection with such Uses, without
notification or approval by you. You agree that this license
includes the right for other Users to access and use your User
Content in conjunction with participation in the Services and
as permitted through the functionality of the Services. In the
interest of clarity, the license granted to Carriage house
food Delivery herein shall survive termination of the Services
or your account. Carriage house food Delivery reserves the
right in its sole discretion to remove or disable access to
any User Content from the Services, suspend or terminate your
account at any time, or pursue any other remedy or relief
available under equity or law if you post any User Content
that violates this Agreement or any community or content
guidelines we may publish or that we consider to be
objectionable for any reason. You agree that Carriage house
food Delivery may monitor and/or delete your User Content (but
does not assume the obligation) for any reason in Carriage
house food Delivery’s sole discretion. Carriage house food
Delivery may also access, read, preserve, and disclose any
information as Carriage house food Delivery reasonably
believes is necessary to (a) satisfy any applicable law,
regulation, legal process, or governmental request, (b)
enforce this Agreement, including investigation of potential
violations hereof, (c) detect, prevent, or otherwise address
fraud, security, or technical issues, (d) respond to User
support requests, or (e) protect the rights, property or
safety of Carriage house food Delivery, its Users and the
public.
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Feedback. You agree that any submission of
any ideas, suggestions, and/or proposals to Carriage house
food Delivery through its suggestion, feedback, wiki, forum or
similar pages (“Feedback”) is at your own risk and that
Carriage house food Delivery has no obligations (including
without limitation, obligations of confidentiality) with
respect to such Feedback. You represent and warrant that you
have all rights necessary to submit the Feedback and you
hereby grant to Carriage house food Delivery a perpetual,
irrevocable, transferable, fully paid, royalty-free,
non-exclusive, worldwide, fully sublicensable right and
license to use, copy, display, publish, modify, remove,
publicly perform, translate, create derivative works,
distribute and/or otherwise use such Feedback. /li>
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Ratings and Reviews. To the extent that you
are asked to rate and post reviews of Merchants or other
businesses (“Ratings” and “Reviews”), such Ratings and Reviews
are considered User Content and are governed by this
Agreement. Ratings and Reviews are not endorsed by Carriage
house food Delivery and do not represent the views of Carriage
house food Delivery or its affiliates. Carriage house food
Delivery shall have no liability for Ratings and Reviews or
for any claims for economic loss resulting from such Ratings
and Reviews. Because we strive to maintain a high level of
integrity with respect to Ratings and Reviews posted or
otherwise made available through the Services, you agree that:
(i) you will base any Rating or Review on first-hand
experience with the Merchant or business; (ii) you will not
provide a Rating or Review for any Merchant or business for
which you have an ownership interest, employment relationship
or other affiliation or for any of that company’s competitors;
(iii) you will not submit a Rating or Review in exchange for
payment, free food items, or other benefits from a Merchant or
business; (iv) any Rating or Review you submit will comply
with the Federal Trade Commission’s Guides Concerning the Use
of Endorsements and Testimonials in Advertising; and (v) your
Rating or Review will comply with the terms of this Agreement.
If we determine, in our sole discretion, that any Rating or
Review could diminish the integrity of the Ratings and Reviews
or otherwise violates this Agreement, we may remove such User
Content without notice.
8. Communications with Carriage house food Delivery
By creating a Carriage house food Delivery account, you
electronically agree to accept and receive communications from
Carriage house food Delivery, Contractors, or third parties
providing services to Carriage house food Delivery including via
email, text message, calls, and push notifications to the
cellular telephone number you provided to Carriage house food
Delivery. You understand and agree that you may receive
communications generated by automatic telephone dialing systems
and/or which will deliver prerecorded messages sent by or on
behalf of Carriage house food Delivery, its affiliated companies
and/or Contractor, including but not limited to communications
concerning orders placed through your account on the Services.
Message and data rates may apply. If you do not wish to receive
promotional emails, text messages, or other communications, you
may change your notification preferences by accessing Settings
in your account. To opt out of receiving promotional text
messages from Carriage house food Delivery, you must reply
“STOP” from the mobile device receiving the messages. For
purposes of clarity, delivery text messages between you and
Courier’ss are transactional text messages, not promotional text
messages.
9. E-SIGN Disclosure
By creating a Carriage house food Delivery account, you also
consent to the use of an electronic record to document your
agreement. You may withdraw your consent to the use of the
electronic record by emailing Carriage house food Delivery at
Info@werechd.com with “Revoke Electronic Consent” in the subject
line.
To view and retain a copy of this disclosure, you will need (i)
a device (such as a computer or mobile phone) with a web browser
and Internet access and (ii) either a printer or storage space
on such device. For a free paper copy, or to update our records
of your contact information, email Carriage house food Delivery
at Info@werechd.com with contact information and your mailing
address.
10. Intellectual Property Ownership
Carriage house food Delivery alone (and its licensors, where
applicable) shall own all right, title and interest, including
all related intellectual property rights, in and to the Software
and the Services. This Agreement is not a sale and does not
convey to you any rights of ownership in or related to the
Software or the Services, or any intellectual property rights
owned by Carriage house food Delivery. Carriage house food
Delivery names, Carriage house food Delivery logos, and the
product names associated with the Software and Services are
trademarks of Carriage house food Delivery or third parties, and
no right or license is granted to use them. You agree that you
will not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in
or accompanying the Software or the Services.
11. Payment Terms
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Prices & Charges. You understand that: (a)
the prices for menu or other items displayed through the
Services may differ from the prices offered or published by
Merchants for the same menu or other items and/or from prices
available at third-party websites and that such prices may not
be the lowest prices at which the menu or other items are
sold; (b) Carriage house food Delivery has no obligation to
itemize its costs, profits or margins when publishing such
prices; and (c) Carriage house food Delivery reserves the
right to change such prices at any time, at its discretion.
For certain transactions, the subtotals shown at checkout are
estimates that may be higher or lower depending on the final
in- store totals. In those situations, Carriage house food
Delivery reserves the right to charge your payment method the
final price after checkout. You are liable for all transaction
taxes on the Services provided under this Agreement (other
than taxes based on Carriage house food Delivery’s income). In
the event that the charge to your payment method may
incorrectly differ from the total amount, including subtotal,
fees, and gratuity, displayed to you at checkout and/or after
gratuity is selected, Carriage house food Delivery reserves
the right to make an additional charge to your payment method
after the initial charge so that the total amount charged is
consistent with the total amount displayed to you at checkout
and/or after gratuity is selected. All payments will be
processed by Carriage house food Delivery or its payments
processor, using the preferred payment method designated in
your account. If your payment details change, your card
provider may provide us with updated card details. We may use
these new details or details from other cards on file in order
to help prevent any interruption to your Use of the Services.
If you would like to use a different payment method or if
there is a change in payment method, please update your
billing information.
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Refunds. Charges paid by you for completed
and delivered orders are final and non-refundable. Carriage
house food Delivery has no obligation to provide refunds or
credits, but may grant them, in each case in Carriage house
food Delivery’s sole discretion.
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Promotional Offers and Credits. Carriage
house food Delivery, at its sole discretion, may make
promotional offers with different features and different rates
to any User. These promotional offers are subject to the terms
of this Agreement and may be valid only for certain Users as
indicated in the offer. You agree that promotional offers: (i)
may only be used by the intended audience, for the intended
purpose, and in a lawful manner; (ii) may not be duplicated,
sold or transferred in any manner, or made available to the
general public, unless expressly permitted by Carriage house
food Delivery; (iii) are subject to the specific terms that
Carriage house food Delivery establishes for such promotional
offer; (iv) cannot be redeemed for cash or cash equivalent;
and (v) are not valid for use after the date indicated in the
offer or in Carriage house food Delivery’s Terms and
Conditions for Promotional Offers and Credits. Carriage house
food Delivery reserves the right to withhold or deduct credits
or benefits obtained through a promotion in the event that
Carriage house food Delivery determines or believes that the
redemption of the promotion or receipt of the credit or
benefit was in error, fraudulent, illegal, or in violation of
the applicable promotion terms or this Agreement. Carriage
house food Delivery reserves the right to modify or cancel an
offer at any time. You agree that we may change Carriage house
food Delivery’s Terms and Conditions for Promotional Offers
and Credits at any time. Carriage house food Delivery may also
offer gratuitous credits, which can be used for the Services.
Any credit issued by Carriage house food Delivery is valid for
6 months from the date of issue except to the extent
prohibited under applicable law and may not be redeemed for
cash or cash equivalent. Upon expiration, credits will be
removed from your account. Expired credits are no longer
redeemable and cannot be used towards any order. Credits
issued through a User’s Carriage house food Delivery and
Encore Club Management LLC account may only be redeemed
through that respective brand’s Services.
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Fees for Services. Carriage house food
Delivery may change the fees for our Services as we deem
necessary or appropriate for our business, including but not
limited to Delivery Fees, Service Fees, Small Order Fees, and
Surge Fees. Carriage house food Delivery may also charge
merchants fees on orders that you place through the Services,
including commissions and other fees, and may change those
merchant fees as we deem necessary or appropriate for our
business or to comply with applicable law.
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Program. Carriage house food Delivery’s
Referral Program Terms and Conditions are available at
https://www.Carriage house food Delivery.com/referral-terms/
(“Referral Program”). Under the Referral Program, Carriage
house food Delivery offers its registered Users in good
standing the opportunity to earn gratuitous Carriage house
food Delivery credits as promotional rewards by inviting their
eligible friends to register as new Carriage house food
Delivery Users and place their initial order through the
Services by using a unique referral ID link
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(“Personal Link”). For each Qualified
Referral (as defined in the Referral Program) generated
through a User’s Personal Link, the User may receive a
gratuitous credit as specified on Carriage house food
Delivery’s Referral Program page. You agree that we may change
the terms and conditions of the Referral Program or terminate
the Referral Program at any time.
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Gift Cards. Except as provided below, Gift Cards may be
redeemable towards eligible orders placed on
www.WereCarriage.com in the Encore Club Management LLC and
Carriage house food Delivery apps in the United States. But if
you have a Gift Card that was purchased and used September 15,
2020, you must use any remaining balance of that Gift Card on
the service (Encore Club Management LLC or Carriage house food
Delivery) where the card was first redeemed. Gift Cards are
made available and provided by Carriage house food Delivery,
Inc. Gift Cards are not redeemable for cash except when
required by applicable law. For more information on the Gift
Card Terms and Conditions, visit Shop Were Carriage for gift
cards.
12. Dispute Resolution.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU
TO ARBITRATE DISPUTES WITH CARRIAGE HOUSE FOOD DELIVERY AND
LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION
12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION
AGREEMENT”.
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Scope of Arbitration Agreement. You agree
that any dispute or claim relating in any way to your access
or use of the Services as a User of the Services, to any
advertising or marketing communications regarding Carriage
house food Delivery or the Services, to any products or
services sold or distributed through the Services that you
received as a User of our Services, or to any aspect of your
relationship or transactions with Carriage house food Delivery
as a User of our Services will be resolved by binding
arbitration, rather than in court, except that (1) you may
assert claims in small claims court if your claims qualify, so
long as the matter remains in such court and advances only on
an individual (non-class, non-representative) basis; and (2)
you or Carriage house food Delivery may seek equitable relief
in court for infringement or other misuse of intellectual
property rights (such as trademarks, trade dress, domain
names, trade secrets, copyrights, and patents). This
Arbitration Agreement shall apply, without limitation, to all
claims that arose or were asserted before the Effective Date
of this Agreement. CASES HAVE BEEN FILED AGAINST CARRIAGE
HOUSE FOOD DELIVERY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT
ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS
ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH
CASES. IF YOU AGREE TO ARBITRATION WITH CARRIAGE HOUSE FOOD
DELIVERY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT
PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN
ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT.
INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS
AGAINST CARRIAGE HOUSE FOOD DELIVERY IN AN INDIVIDUAL
ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU
COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
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Informal Resolution. You and Carriage house
food Delivery agree that good-faith informal efforts to
resolve disputes often can result in a prompt, low-cost and
mutually beneficial outcome. You and Carriage house food
Delivery therefore agree that, before either you or Carriage
house food Delivery demands arbitration against the other, we
will personally meet and confer, via telephone or
videoconference, in a good-faith effort to resolve informally
any claim covered by this mutual Arbitration Agreement. If you
are represented by counsel, your counsel may participate in
the conference, but you shall also fully participate in the
conference. The party initiating the claim must give notice to
the other party in writing of its, his, or her intent to
initiate an informal dispute resolution conference, which
shall occur within 60 days after the other party receives such
notice, unless an extension is mutually agreed upon by the
parties. To notify Carriage house food Delivery that you
intend to initiate an informal dispute resolution conference,
email Info@werechd.com, providing your name, telephone number
associated with your Carriage house food Delivery account (if
any), the email address associated with your Carriage house
food Delivery account, and a description of your claim. In the
interval between the party receiving such notice and the
informal dispute resolution conference, the parties shall be
free to attempt to resolve the initiating party’s claims.
Engaging in an informal dispute resolution conference is a
requirement that must be fulfilled before commencing
arbitration. The statute of limitations and any filing fee
deadlines shall be tolled while the parties engage in the
informal dispute resolution process required by this
paragraph.
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Arbitration Rules and Forum. This Arbitration
Agreement is governed by the Federal Arbitration Act (“FAA”)
in all respects. If for whatever reason the rules and
procedures of the FAA cannot apply, the state law governing
arbitration agreements in the state in which you reside shall
apply. Before a party may begin an arbitration proceeding,
that party must send notice of an intent to initiate
arbitration and certifying completion of the informal dispute
resolution conference pursuant to paragraph 12(b). If this
notice is being sent to Carriage house food Delivery, it must
be sent by email to the counsel who represented Carriage house
food Delivery in the informal dispute resolution process, or
if there was no such counsel then by mail to General Counsel,
at 303 2nd Street, Suite 800, San Francisco, CA, 94107. The
arbitration will be conducted by ADR Services, Inc. under its
rules and pursuant to the terms of this Agreement. Arbitration
demands filed with ADR Services, Inc. must include (1) the
name, telephone number, mailing address, and e-mail address of
the party seeking arbitration; (2) a statement of the legal
claims being asserted and the factual bases of those claims;
(3) a description of the remedy sought and an accurate,
good-faith calculation of the amount in controversy,
enumerated in United States Dollars (any request for
injunctive relief or attorneys’ fees shall not count toward
the calculation of the amount in controversy unless such
injunctive relief seeks the payment of money); and (4) the
signature of the party seeking arbitration. Disputes shall be
subject to ADR Services, Inc.’s most current version of its
Arbitration Rules, available as of December 21, 2020 at
https://www.adrservices.com/services/arbitration-rules or by
calling ADR Services, Inc. at 310-201-0010. The fees that
shall apply to arbitrations administered by ADR Services, Inc.
are set forth on ADR Services, Inc.’s website, available as of
December 21, 2020 at
https://www.adrservices.com/rate-fee-schedule/. Specifically,
the fees set forth in ADR Services, Inc.’s Mass Employment
Arbitration Fee Schedule shall apply when twenty (20) or more
arbitration claims are filed which: (1) involve the same or
similar parties; (2) are based on the same or similar claims
which arise from the same or substantially identical
transactions, incidents, or events requiring the determination
of the same or substantially identical questions of law or
fact; and (3) involve the same or coordinated counsel for the
parties. In all other circumstances, the fees set forth in ADR
Services, Inc.’s General Fee Schedule shall apply, except that
Carriage house food Delivery will pay the portion of the
initial case opening fees (if any) that exceeds the filing fee
to file the case in a court of competent jurisdiction
embracing the location of the arbitration. Payment of all
filing, administration, and arbitration fees will be governed
by ADR Services, Inc.’s rules. If the arbitrator finds that
you cannot afford to pay ADR Services, Inc.’s filing,
administrative, hearing and/or other fees and cannot obtain a
waiver of fees from ADR Services, Inc., Carriage house food
Delivery will pay them for you. If ADR Services, Inc. is not
available to arbitrate, the parties will mutually select an
alternative arbitral forum. You may choose to have the
arbitration conducted by telephone, video conference, based on
written submissions, or in person in the county where you live
or at another mutually agreed location.
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Arbitrator Powers. The arbitrator, and not
any federal, state, or local court or agency, shall have
exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability or formation of
this Arbitration Agreement including, but not limited to any
claim that all or any part of this Arbitration Agreement is
void or voidable. All disputes regarding the payment of
arbitrator or arbitration-organization fees including the
timing of such payments and remedies for nonpayment, shall be
determined exclusively by an arbitrator, and not by any court.
The arbitration will decide the rights and liabilities, if
any, of you and Carriage house food Delivery. Except as
expressly agreed to in Section 12(g) of this Agreement, the
arbitration proceeding will not be consolidated with any other
matters or joined with any other proceedings or parties. The
arbitrator will have the authority to grant motions
dispositive of all or part of any claim or dispute. The
arbitrator will have the authority to award, on an individual
basis, monetary damages and to grant any non-monetary remedy
or relief available to an individual under applicable law, the
arbitral forum’s rules, and this Agreement (including this
Arbitration Agreement). The arbitrator will issue a written
statement of decision describing the essential findings and
conclusions on which any award (or decision not to render an
award) is based, including the calculation of any damages
awarded. The award shall be binding only among the parties and
shall have no preclusive effect in any other arbitration or
other proceeding involving a different party. The arbitrator
shall follow the applicable law. The arbitrator has the same
authority to award relief on an individual basis that a judge
in a court of law would have. The arbitrator’s decision is
final and binding on you and Carriage house food Delivery.
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Waiver of Jury Trial. YOU AND CARRIAGE HOUSE
FOOD DELIVERY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO
SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and
Carriage house food Delivery are instead electing to have
claims and disputes resolved by arbitration, except as
specified in Section 12(a) above. There is no judge or jury in
arbitration, and court review of an arbitration award is
limited.
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Waiver of Class or Consolidated Actions.
EXCEPT AS EXPRESSLY AGREED TO IN SECTION 12(G) OF THIS
AGREEMENT, YOU AND CARRIAGE HOUSE FOOD DELIVERY AGREE TO WAIVE
ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR
REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE
OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN
INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT
AS SET FORTH IN SECTION 12(G). CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT
AS SET FORTH IN SECTION 12(G). If, however, this waiver of
class or consolidated actions is deemed invalid or
unenforceable with respect to a particular claim or dispute,
neither you nor Carriage house food Delivery is entitled to
arbitration of such claim or dispute. Instead, all such claims
and disputes will then be resolved in a court as set forth in
Section 20. This provision does not prevent you or Carriage
house food Delivery from participating in a class-wide
settlement of claims.
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Batch Arbitrations. To increase efficiency of
resolution, in the event 100 or more similar arbitration
demands against Carriage house food Delivery, presented by or
with the assistance of the same law firm or organization, are
submitted to an arbitration provider selected in accordance
with the rules described above within a 30-day period, the
arbitration provider shall (i) group the arbitration demands
into batches of no more than 100 demands per batch (plus, to
the extent there are less than 100 arbitration demands left
over after the batching described above, a final batch
consisting of the remaining demands); and (ii) provide for
resolution of each batch as a single arbitration with one set
of filing and administrative fees and one arbitrator assigned
per batch. You agree to cooperate in good faith with Carriage
house food Delivery and the arbitration provider to implement
such a batch approach to resolution and fees.
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Opt Out. Carriage house food Delivery’s
updates to these Terms and Conditions do not provide a new
opportunity to opt out of the Arbitration Agreement for
customers or Users who had previously agreed to a version of
Carriage house food Delivery’s or Encore Club Management LLC’s
Terms and Conditions and did not validly opt out of
arbitration. Carriage house food Delivery will continue to
honor the valid opt outs of customers or Users who validly
opted out of the Arbitration Agreement in a prior version of
the Terms and Conditions. If you are a customer or User who
creates a Carriage house food Delivery or Encore Club
Management LLC account for the first time on or after November
10, 2020, you may opt out of this Arbitration Agreement. If
you do so, neither you nor Carriage house food Delivery can
force the other to arbitrate as a result of this Agreement. To
opt out, you must notify Carriage house food Delivery in
writing no later than 30 days after first becoming subject to
this Arbitration Agreement. Your notice must include your name
and address, your Carriage house food Delivery username (if
any), the email address you currently use to access your
Carriage house food Delivery account (if you have one), and a
CLEAR statement that you want to opt out of this Arbitration
Agreement. You must send your opt-out notice to:
opt-out@Carriage house food Delivery.com. If you opt out of
this Arbitration Agreement, all other parts of this Agreement
will continue to apply to you.
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No Effect on Independent Contractor Agreement.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY
THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND
CARRIAGE HOUSE FOOD DELIVERY RELATING TO YOUR WORK AS AN
EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT
LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING
YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF
YOU ARE A CONTRACTOR, OPTING-OUT OF THE ARBITRATION AGREEMENT
SET FORTH IN THIS SECTION 12 HAS NO EFFECT ON YOUR AGREEMENT
TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR
AGREEMENT WITH CARRIAGE HOUSE FOOD DELIVERY.
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Survival. This Arbitration Agreement will
survive any termination of your relationship with Carriage
house food Delivery.
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Modification. Notwithstanding any provision
in the Agreement to the contrary, we agree that if Carriage
house food Delivery makes any future material change to this
Arbitration Agreement, it will not apply to any individual
claim(s) that you had already provided notice of to Carriage
house food Delivery.
13. Third-Party Interactions.
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Third-Party Websites, Applications and
Advertisements.
The Services may contain links to third-party websites
(“Third-Party Websites”) and applications
(“Third-Party Applications”) and
advertisements
(“Third-Party Advertisements”)(collectively, “Third-Party
Websites & Advertisements”).
When you click on a link to a Third-Party Website, Third-Party
Application or Third-Party Advertisement, Carriage house food
Delivery will not warn you that you have left Carriage house
food Delivery’s website or Services and will not warn you that
you are subject to the terms and conditions (including privacy
policies) of another website or destination. Such Third-Party
Websites & Advertisements are not under the control of
Carriage house food Delivery. Carriage house food Delivery is
not responsible for any Third-Party Websites, Third-Party
Applications or any Third-Party Advertisements. Carriage house
food Delivery does not review, approve, monitor, endorse,
warrant, or make any representations with respect to such
Third-Party Websites & Advertisements, or their products or
services. You use all links in Third-Party Websites &
Advertisements at your own risk. You should review applicable
terms and policies, including privacy and data gathering
practices of any Third-Party Websites or Third-Party
Applications, and make whatever investigation you feel
necessary or appropriate before proceeding with any
transaction with any third party.
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App Stores. You acknowledge and agree that
the availability of the Software and the Services is dependent
on the third party from which you received the application
license, e.g., the Apple iPhone or Android app stores
(“App Store”). You acknowledge and agree that
this Agreement is between you and Carriage house food Delivery
and not with the App Store. Carriage house food Delivery, not
the App Store, is solely responsible for the Software and the
Services, including the mobile application(s), the content
thereof, maintenance, support services and warranty therefor,
and addressing any claims relating thereto (e.g., product
liability, legal compliance or intellectual property
infringement). In order to use the Software and the Services,
you must have access to a wireless network, and you agree to
pay all fees associated with such access. You also agree to
pay all fees (if any) charged by the App Store in connection
with the Software or the Services. You agree to comply with,
and your license to use the Software and the Services is
conditioned upon your compliance with, all applicable
third-party terms of agreement (e.g., the App Store’s terms
and policies) when using the Software or the Services. You
represent and warrant that you are not located in a country
that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting”
country, and you represent and warrant that you are not listed
on any U.S. Government list of prohibited or restricted
parties. You acknowledge and agree that each App Store (and
its affiliates) is an intended third-party beneficiary of this
Agreement and has the right to enforce the terms and
conditions of this Agreement.
14. Social Media Guidelines.
Carriage house food Delivery maintains certain social media
pages for the benefit of the Carriage house food Delivery
community. By posting, commenting, or otherwise interacting
with these pages, you agree to abide by our Social Media
Community Guidelines.
15. Transactions Involving Alcohol
You may have the option to request delivery of alcohol products
in some locations and from certain Merchants. If you receive
your delivery in the United States, you agree that you will only
order alcohol products if you are 21 years of age or older. If
you receive your delivery in another country, you agree that you
will only order alcohol products if you are of legal age to
purchase alcohol products in the relevant jurisdiction. You also
agree that, upon delivery of alcohol products, you will provide
valid government-issued identification proving your age to the
Contractor delivering the alcohol products and that the
recipient will not be intoxicated when receiving delivery of
such products. If you order alcohol products, you understand and
acknowledge that neither Carriage house food Delivery nor the
Contractor can accept your order of alcohol products, and the
order will only be delivered if the Merchant accepts your order.
The Contractor reserves the right to refuse delivery if you are
not 21 years old, if you cannot provide a valid government
issued ID, if the name on your ID does not match the name on
your order, or you are visibly intoxicated. If the Contractor is
unable to complete the delivery of alcohol products for one or
more of these reasons, you are subject to a non-refundable $20
re-stocking fee.
16. Indemnification
You agree to indemnify and hold harmless Carriage house food
Delivery and its officers, directors, employees, agents and
affiliates (each, an “Indemnified Party”), from
and against any losses, claims, actions, costs, damages,
penalties, fines and expenses, including without limitation,
attorneys’ fees and expenses, that may be incurred by an
Indemnified Party arising out of, relating to or resulting from
(a) your User Content; (b) your misuse of the Software or
Services; (c) your breach of this Agreement or any
representation, warranty or covenant in this Agreement; or (d)
your violation of any applicable laws, rules or regulations
through or related to the use of the Software or Services. In
the event of any claim, allegation, suit or proceeding alleging
any matter potentially covered by the agreements in this
Section, you agree to pay for the defense of the Indemnified
Party, including reasonable costs and attorneys’ fees incurred
by the Indemnified Party. Carriage house food Delivery reserves
the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by
you, in which event you will fully cooperate with Carriage house
food Delivery in asserting any available defenses. This
provision does not require you to indemnify any Indemnified
Party for any unconscionable commercial practice by such party,
or for such party’s negligence, fraud, deception, false promise,
misrepresentation or concealment, suppression or omission of any
material fact in connection with the Software or Services. You
agree that the provisions in this section will survive any
termination of your account, this Agreement, or your access to
the Software and/or Services.
17. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF
LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR
OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND
SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE
SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. CARRIAGE HOUSE FOOD
DELIVERY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT
MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE
SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
CARRIAGE HOUSE FOOD DELIVERY DOES NOT WARRANT THAT THE
SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE
SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
CARRIAGE HOUSE FOOD DELIVERY SHALL NOT BE RESPONSIBLE FOR THOSE
ECONOMIC COSTS.
18. Internet Delays
The Software and Services may be subject to limitations, delays,
and other problems inherent in the use of the Internet and
electronic communications. Except as set forth in Carriage house
food Delivery’s Privacy Policy or as otherwise required by
applicable law, Carriage house food Delivery is not responsible
for any delays, delivery failures, or damage, loss or injury
resulting from such problems.
19. Breach And Limitation of Liability
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General. You understand and agree that a key
element of the Services and this Agreement is your and our
mutual desire to keep the Services simple and efficient, and
to provide the Software and Services at low cost. You
understand and agree to the limitations on remedies and
liabilities set forth in this Section 19 to keep the Software
and Services simple and efficient, and costs low, for all
Users.
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Cap on Liability. TO THE FULLEST EXTENT
PERMITTED BY LAW, CARRIAGE HOUSE FOOD DELIVERY’S AGGREGATE
LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY
PAID BY AND/OR DUE FROM YOU TO CARRIAGE HOUSE FOOD DELIVERY IN
THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT
GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY
FULLY TO RESIDENTS OF NEW JERSEY.
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Disclaimer of Certain Damages. TO THE FULLEST
EXTENT OF LAW, CARRIAGE HOUSE FOOD DELIVERY SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES
OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA,
REVENUE, USE AND ECONOMIC ADVANTAGE).
THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES,
AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR
PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY CARRIAGE HOUSE
FOOD DELIVERY’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL
NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW
JERSEY.
20. Exclusive Venue
To the extent the parties are permitted under this Agreement to
initiate litigation in a court, both you and Carriage house food
Delivery agree that all claims and disputes arising out of or
relating to the Agreement will be litigated exclusively in the
state or federal courts located in San Francisco County if you
are a California citizen or resident, and in the United States
District Court for the District in which you reside if you are
not a California citizen or resident.
21. Termination
If you violate this Agreement, Carriage house food Delivery may
respond based on a number of factors including, but not limited
to, the egregiousness of your actions and whether a pattern of
harmful behavior exists.
In addition, at its sole discretion, Carriage house food
Delivery may modify or discontinue the Software or Service, or
may modify, suspend or terminate your access to the Software or
the Services, for any reason, with or without notice to you and
without liability to you or any third party. In addition to
suspending or terminating your access to the Software or the
Service, Carriage house food Delivery reserves the right to take
appropriate legal action, including without limitation, pursuing
civil, criminal or injunctive redress. Even after your right to
use the Software or the Services is terminated, this Agreement
will remain enforceable against you. All provisions which by
their nature should survive to give effect to those provisions
shall survive the termination of this Agreement.
22. Procedure for Making Claims of Copyright Infringement.
It is Carriage house food Delivery’s policy to terminate
membership privileges of any User who repeatedly infringes
copyright upon prompt notification to Carriage house food
Delivery by the copyright owner or the copyright owner’s legal
agent. Without limiting the foregoing, if you believe that your
work has been copied and posted on the Services in a way that
constitutes copyright infringement, please provide our Copyright
Agent with the following information: (a) an electronic or
physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (b) a description of the
copyrighted work that you claim has been infringed; (c) a
description of the location on the Services of the material that
you claim is infringing; (d) your address, telephone number and
e-mail address; (e) a written statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law; and (f) a statement by
you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner’s behalf. Contact
information for Carriage house food Delivery’s Copyright Agent
for notice of claims of copyright infringement is as follows:
General Counsel, Carriage house food Delivery, Inc., 303 2nd St,
Suite 800, San Francisco, CA 94107.
23. General
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No Joint Venture or Partnership. No joint
venture, partnership, employment, or agency relationship
exists between you, Carriage house food Delivery or any
third-party provider as a result of this Agreement or use of
the Software or Services.
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Choice of Law. This Agreement is governed by
the laws of the State of Delaware consistent with the Federal
Arbitration Act, without giving effect to any principles that
provide for the application of the law of any other
jurisdiction.
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Severability. Except as otherwise provided in
this Agreement, if any provision of this Agreement is found to
be invalid, the invalidity of such provision shall not affect
the validity of the remaining provisions of this Agreement,
which shall remain in full force and effect.
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Consumer Complaints. In accordance with
Encore Club Management LLc, you may report complaints to the
Complaint Assistance Unit of the Division of Consumer Services
by contacting them in writing at 2000 E. 12th Ave Tampa Fl
33675, or by telephone at (844) 436-6726.
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Accessing and Downloading the Application from
iTunes.
The following applies to any Software accessed through or
downloaded from the Apple App Store (an “App Store Sourced
Application”):
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You acknowledge and agree that (i) the Agreement is
concluded between you and Carriage house food Delivery
only, and not Apple, and (ii) Carriage house food
Delivery, not Apple, is solely responsible for the App
Store Sourced Application and content thereof. Your use of
the App Store Sourced Application must comply with the App
Store Terms of Service.
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You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect
to the App Store Sourced Application.
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In the event of any failure of the App Store Sourced
Application to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price, if
any, for the App Store Sourced Application to you and to
the fullest extent permitted by law, Apple will have no
other warranty obligation whatsoever with respect to the
App Store Sourced Application. As between Carriage house
food Delivery and Apple, any other claims, losses,
liabilities, damages, costs or expenses attributable to
any failure to conform to any warranty will be the sole
responsibility of Carriage house food Delivery.
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You and Carriage house food Delivery acknowledge that, as
between Carriage house food Delivery and Apple, Apple is
not responsible for addressing any claims you have or any
claims of any third party relating to the App Store
Sourced Application or your possession and use of the App
Store Sourced Application, including, but not limited to:
(i) product liability claims; (ii) any claim that the App
Store Sourced Application fails to conform to any
applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar
legislation.
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You and Carriage house food Delivery acknowledge that, in
the event of any third-party claim that the App Store
Sourced Application or your possession and use of that App
Store Sourced Application infringes that third party’s
intellectual property rights, as between Carriage house
food Delivery and Apple, Carriage house food Delivery, not
Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual
property infringement claim to the extent required by the
Terms.
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You and Carriage house food Delivery acknowledge and agree
that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of the Terms as related to your license of
the App Store Sourced Application, and that, upon your
acceptance of the terms and conditions of the Terms, Apple
will have the right (and will be deemed to have accepted
the right) to enforce the Terms as related to your license
of the App Store Sourced Application against you as a
third-party beneficiary thereof.
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Without limiting any other terms of the Terms, you must
comply with all applicable third-party terms of agreement
when using the App Store Sourced Application.
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Notice. Where Carriage house food Delivery
requires that you provide an e-mail address, you are
responsible for providing Carriage house food Delivery with
your most current e-mail address. In the event that the last
e-mail address you provided to Carriage house food Delivery is
not valid, or for any reason is not capable of delivering to
you any notices required or permitted by this Agreement,
Carriage house food Delivery’s dispatch of the e-mail
containing such notice will nonetheless constitute effective
notice.
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Electronic Communications. For contractual
purposes, you (1) consent to receive communications from
Carriage house food Delivery in an electronic form; and (2)
agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Carriage house food
Delivery provides to you electronically satisfy any legal
requirement that such communications would satisfy if they
were in writing. You agree to keep your contact information,
including email address, current. This subparagraph does not
affect your statutory rights.
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Transfer and Assignment. This Agreement, and
any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by
Carriage house food Delivery without restriction. Any
attempted transfer or assignment in violation hereof shall be
null and void. This Agreement binds and inures to the benefit
of each party and the party’s successors and permitted
assigns.
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Entire Agreement.>parties with respect to the
subject matter hereof and supersedes and merges all prior
discussions between the parties with respect to such subject
matter. However, nothing in this Agreement shall supersede,
amend, or modify the terms of any separate agreement(s)
between you and Carriage house food Delivery relating to your
work as an employee or independent contractor, including,
without limitation, any Independent Contractor Agreement
governing your efforts as a Contractor.
24. Contact Information
Carriage house food Delivery welcomes your questions or comments
regarding the Terms:
Carriage house food Delivery, Inc.
PO Box 12th Ave #5103
Tampa, FL 33675
Help Form: https://help.Carriage house food
Delivery.com/consumers/s/contactsupport
Telephone Number: +1 (844) 436-6726