Terms and Conditions for Services and Use
Last Modified: May 7, 2019
THESE TERMS AND CONDITIONS FOR SERVICES AND USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS,AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING OUR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS FOR SERVICES AND USE. THESE TERMS AND CONDITIONS FOR SERVICES AND USE SHALL APPLY TO SERVICES ORDERED OR REQUESTED ON THIS SITE AND ALL FUTURE SERVICES PROVIDED TO YOU WHETHER ORDRED OR REQUESTED ON THIS SITE OR THROUGH ANY OTHER METHOD.
YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EASY FEAST, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES OR ANY OF THE SERVICES'S CONTENTS BY APPLICABLE LAW.
Acceptance of the Terms and Conditions for Services and Use
These Terms and Conditions for Services and Use are entered into by and between You and Easy Feast, Inc. ("Company", "EasyFeast", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms"), govern your access to and use of www.easyfeast.com, including any content, functionality and services offered on or through www.easyfeast.com, including but not limited to personal chef services offered in your home, shopping services, and in-home event services (the "Services"), whether as a guest or a registered user. Furthermore, these Terms shall apply to all Services provided by the Company to you after initially accepting the Terms online, including but not limited to future Services that are ordered or requested via email or phone.
The Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes as they are binding on you.
User Representations and Warranties
You represent and warrant that:
· If in-home personal chef or event services are ordered you have a fully functioning kitchen (a working oven, stovetop, sink and refrigerator), basic cooking equipment (baking sheets, blender or food processor, can opener, casserole dish, chef's knife, cutting board, grater, loaf pan, measuring utensils, mixing bowls, peeler, pot, skillet or frying pan, spatula and a strainer), and supplies (Tupperware containers, Ziploc bags, aluminum foil, parchment paper and cleaning supplies.)
· You will cooperate with the Company in all matters relating to the Services, provide such access to your premises as may reasonably be requested by the Company for the purposes of performing the Services, and provide us with proof of identity we may reasonably request.
· You will not interfere with or prevent your chef from completing a scheduled cooking visit in your home. Specifically, you will allow your EasyFeast chef to enter your home at or about the scheduled appointment time, to remain in your kitchen over the necessary time to complete the job (an estimated 4 hours) and to use your cleaning supplies to clean the kitchen afterwards. You will also familiarize your chef with your kitchen and home as needed (e.g., smoke alarms, trash, recycling, etc.).
· You will respond promptly to any Company request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for the Company to perform the shopping, in-home personal chef or in-home event services. For example, you will complete your food preferences questionnaire upon or soon after booking the service, and you will approve your personalized menu by the Company’s provided timeline.
· You will notify the company of any dietary restrictions or allergies in your household upon booking a cooking visit.
· You will not tip your chef, nor directly hire or engage your chef to provide you with any hospitality services of any kind.
· You will use EasyFeast solely for your own personal, non-commercial purposes.
· You understand that placing an order for shopping, in-home personal chef or in-home event services will result in charges to you which are final and non-refundable.
· You understand that, if grocery shopping services are ordered, your chef will do their best to select the highest quality ingredients available at the time but the ingredients are purchased from a third-party and EasyFeast takes no responsibility for their quality or availability. Due to the perishable nature of the products being purchased for you, certain products may be unavailable due to market conditions beyond EasyFeast’s control or quality that is below EasyFeast’s standards. If we are able to purchase an item that's very similar to the item You ordered, we reserve the right to make item substitutions. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will not deliver the items and will not redeliver in the future.
· EasyFeast may offer Services to you on a recurring subscription basis. By enrolling in a subscription, you authorize EasyFeast to charge you for all Services at the then current rate, which may change from time to time. Your subscription with EasyFeast will automatically renew and all charges will be billed to your provided payment method on a recurring basis until canceled as set forth herein.
· EasyFeast may offer various trials or promotional subscriptions. These trials and promotions are subject to these Terms except as otherwise stated in the promotional offers.
· All information provided by you (including any credit card, debit card, and bank information) is true, correct, and complete.
· Charges incurred by you will be honored by your credit/debit card company or bank.
· You will pay the charges incurred by you in the amounts posted, including any applicable taxes.
· You are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
· Your use of the Services shall comply with all federal, state, and local laws and regulations.
· Any order you make is not made in any manner to avoid applicable regulation or law.
Cancellations and Refunds
You agree to notify the company by email 72 hours before your service date if you need to cancel, in order to prevent being charged the service fee and the cost of any groceries that have already been purchased on your behalf. We cannot refund or provide a credit to you for a canceled service within 72 hours before the scheduled Service.
Text Messaging and Telephone Calls
You agree that EasyFeast may contact you by telephone or text messages at any of the phone numbers provided by you, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any shopping, in-home personal chef or in-home event services. You also understand that you may opt out of receiving text messages from EasyFeast at any time by contacting firstname.lastname@example.org.
User’s Acts or Omissions.
If Company's performance of its obligations under these Terms is prevented or delayed by any act or omission of You or Your agents, Company shall not be deemed in breach of its obligations under these Terms or otherwise liable for any costs, charges or losses sustained or incurred by You, in each case, to the extent arising directly or indirectly from such prevention or delay.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for:
· Making all arrangements necessary for you to have access to the Services.
· Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Services and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
· If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to: email@example.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Please do not submit any confidential ideas, information, or suggestions in any form to us. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submission says, you understand that your submissions are voluntary and the following terms shall apply to your submissions.
You agree that:
· Your submissions and their contents will automatically become the property of the Company, without any compensation to you;
· The Company has no obligations to review your submissions;
· The Company may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and
· The Company has no obligation to keep your submissions confidential.
The Company Trademarks
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.
Additionally, you agree not to:
· Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
· Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
· Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Services.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer or database connected to the Services.
· Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Services.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Services
We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Services may provide certain social media features that enable you to:
· Link from your own or certain third-party services to certain content on the Services.
· Send e-mails or other communications with certain content, or links to certain content, on the Services.
· Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party services.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Services other than the homepage.
· Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.
The services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party services linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such services.
EasyFeast uses the third-party payment platform, Braintree Payments to process credit and debit card transactions for your EasyFeast account. By using EasyFeast and agreeing to the EasyFeast Terms, you also agree to be bound by Braintree Payments’ Terms of Service, as same may change from time to time.
You expressly understand and agree that EasyFeast shall not be liable for any payments and monetary transactions that occur through your use of the Services. You expressly understand and agree that all payments and monetary transactions are handled by Braintree Payments. You agree that EasyFeast shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Braintree Payments.
You are responsible for all transactions (one-time, recurring, and refunds) processed through the Services and/or Braintree Payments. EasyFeast is not liable for loss or damage from errant or invalid transactions processed with Your, credit card, or debit card account. This includes transactions that were not processed due to a network communication error, or any other reason.
You must not process stolen credit cards, or unauthorized credit cards through Your EasyFeast account.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
· Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Easy Feast, Inc.
175 Varick Street
New York, NY 10014
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of EasyFeast and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the EasyFeast Services in accordance with these Terms. You shall promptly notify EasyFeast in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to EasyFeast upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of EasyFeast’s trade secrets, confidential and proprietary information, and all other information and data of EasyFeast that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to EasyFeast or EasyFeast’s business, operations or properties, including information about EasyFeast’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
The owner of the Services is based in the state of New York in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY GOODS OR ADDITIONAL SERVICES PURCHASED FROM IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY IN THE ONE (1) YEAR PERIOD PROCEEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to any use of the Services's content, services and products other than as expressly authorized in these Terms or your use of any Services or information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution and Binding Arbitration
(a) YOU AND EASY FEAST, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THESE TERMS, OR THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the partiesand may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR EASY FEAST, INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Terminating Your Account
In addition to any remedies that may be provided under these Terms, Company may terminate any Services provided to You with immediate effect upon written notice to You, if You fail to pay any amount when due to the Company or have not otherwise performed or complied with any of the terms and conditions of these Terms, in whole or in part.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Your Comments and Concerns
The Services are operated by Easy Feast, Inc.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: firstname.lastname@example.org.