Cafeteria App End User License Agreement And Terms Of Service

last updated aug 2, 2024

PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE CAFETERIA MOBILE APPLICATION (THE “APP”). BY DOWNLOADING, INSTALLING OR USING THE APP, YOU ARE ENTERING INTO THIS AGREEMENT WITH CAFETERIA INC. (“CAFETERIA”, “WE”, “US” or “OUR”) AND AGREEING TO BE BOUND BY ITS TERMS AND CONDITIONS.

THE APP IS INTENDED FOR USE ONLY BY USERS (1) WHO ARE AGE 14 OR OLDER, (2) WHO ARE EITHER (A) AT LEAST THE AGE OF MAJORITY IN THEIR U.S. STATE OF RESIDENCE, OR (B) UNDER THE AGE OF MAJORITY IN THEIR U.S. STATE OF RESIDENCE BUT THEIR PARENT OR LEGAL GUARDIAN HAS AGREED TO THIS AGREEMENT AND PROVIDED THEIR CONSENT TO THE USER’S AGREEMENT TO THIS AGREEMENT, (3) WHO HAVE THE LEGAL CAPACITY TO ENTER INTO AN ENFORCEABLE CONTRACT, AND (4) WHO AGREE TO THIS AGREEMENT. IF YOU DO NOT SATISFY ALL FOUR (4) OF THE FOREGOING REQUIREMENTS, THEN, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT TO USE THE APP, SO YOU SHOULD NOT DOWNLOAD, INSTALL OR USE THE APP.

This Agreement, as it may be amended from time to time, is a legally binding agreement between you and Cafeteria. If you are accepting this Agreement on behalf of a minor, you represent that you are their parent or legal guardian with the legal authority to do so and confirm that you consent to their use of the App, you agree to this Agreement on your and their behalf, and you agree to bear responsibility for their use of the App.

NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION; WAIVER OF CLASS ACTIONS AND JURY TRIAL” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATE(S). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION; WAIVER OF CLASS ACTIONS AND JURY TRIAL” SECTION BELOW.

APP LICENSE GRANT. Cafeteria grants you a revocable, non-exclusive, non-transferable, limited right and license to access, install and use the App on a compatible Apple Inc. (“Apple”) branded product that runs the iOS operating system software provided by Apple (e.g., an iPhone or iPad) and is owned or controlled by you (each, an “Apple iOS Device”), for your own personal use, strictly in accordance with and subject to the terms and conditions of this Agreement and any applicable usage rules that relate to your Apple iOS Device on which you access, install or use the App (“Usage Rules”).
TABLE PARTICIPATION AND SUBMITTED MATERIALS. You agree that you will not respond to table questions for which you are not within the relevant demographic. If you submit any responses, information, creative works, ideas, feedback, suggestions, concepts, methods, systems, designs, plans, techniques or other materials to us (“Submitted Materials”), such as via the App or communications with us, you hereby assign to us all right, title and interest in and to all such Submitted Materials, including any derivatives or improvements thereof. You understand and agree that the Submitted Materials will be shared in both aggregated and non-aggregated form with third parties, and by submitting Submitted Materials you are consenting to and directing Cafeteria to share those materials with Cafeteria’s partners, including consumer brand companies. By submitting, posting, uploading or sending Submitted Materials to us or the App, you represent and warrant that (i) the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been and are hereby waived, and (ii) the opinions, views, comments and feedback you provide in response to questions are and will be your own and will be truthful and candid. You hereby irrevocably waive and release us from any and all claims that we or our licensees or sublicensees have used the Submitted Materials that you provide to us without your permission. We cannot be, and are not, responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time in our sole discretion.
ACCOUNT AND LOGIN.
1. To access certain features or areas of the App, you may be required to provide personal and/or demographic information as part of a site registration or log-in process. In addition, certain features of the App are only available to our authorized users, and to access those areas of the App you will be required to log in by entering your mobile phone number or email address and entering in the one-time password or confirmation code sent to you as verification.
2. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
3. You are responsible for all activity occurring when the App is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the security of your mobile phone number, the device(s) that receive text messages to your phone number or are otherwise linked to your phone number, or email address that you use to log into the App, and the one-time passwords or confirmation codes that you receive from us. We are not liable for any loss or damage arising from your failure to do so.
PAYMENT AND INDEPENDENT CONTRACTOR STATUS.
1. You may be eligible to earn payments for responding to certain questions at tables within the App that are designated as paid tables. The amount that can be earned for answering questions at a paid table will be disclosed through a push notification and/or the “menu” for the specific table. If no such amount is expressly disclosed, then responses to questions will not earn any payments. A menu includes the following information: (i) when the table is due (i.e., the time by which the questions for that table need to be completely responded to in order to be eligible to earn the associated payment (no payments will be earned for late responses)), and (ii) the amount that will be earned for complete responses to the questions provided before the due date. All responses to table questions will be reviewed by us for responsiveness and completeness to determine eligibility for payment. Answers that are deemed, in our sole discretion, to be insufficiently responsive or incomplete will not be eligible for payment.
2. All payment amounts that you earn for timely responses to table questions that we have confirmed are valid, responsive and complete will be indicated in your balance on your App account. All amounts will be earned and paid only in United States Dollars.
3. You may transfer your App balance to your external account in any amount of $10 or greater. We reserve the right to limit the frequency of transfers or delay or suspend transfers if we suspect fraud or violation of this Agreement.
4. Transfers will be made through a third-party service provider (“Payment Processor”), to which you will be required to indicate a form of payment selected from their available options and provide the details of the external account to which you wish to have the transfer made. All amounts sent to the transfer details you have most recently provided to the Payment Processor at the time payment is submitted for processing will be deemed to have been paid to you. You are solely responsible for ensuring that your payment details are up to date at all times, and you hereby represent and warrant that the payment details you provide are for an account that is owned by you. Without limiting Section 22, you acknowledge that the Payment Processor is not affiliated with us, and you agree that any issues you experience with the Payment Processor or the Payment Processor’s services, apps or websites shall be between you and the Payment Processor only, that your use thereof shall be at your sole risk, and that we and our affiliates will not have any responsibility or liability with respect thereto.
5. You acknowledge and agree that if your responses to table questions are not responsive to the question asked or otherwise violate this Agreement, you do not satisfy the requirements to be an authorized user of the App as set forth in this Agreement or to participate in a particular table, you will not be entitled to payment and we may revoke your access to and use of the App. We reserve the right to require repayment from you of amounts transferred to you in the event of fraudulent conduct or intentional misuse of the App.
6. You are solely responsible for reporting and paying all taxes that may be applicable to payments that you receive from us.
7. You acknowledge and agree that you are not an employee of Cafeteria or any third party on whose behalf table questions are asked, and you will not be entitled to any compensation or benefits as such.
PERSONAL INFORMATION AND PRIVACY NOTICE. As a condition of your right and license to use the App hereunder, you consent to the Cafeteria Privacy Notice, which can be viewed by tapping on “Privacy Notice” in the Settings menu of the App (the “Privacy Notice”). We may monitor, record, collect and use information from and about you through the App, and share such information with third parties, as set forth in the Privacy Notice. You acknowledge that the Privacy Notice may be updated from time to time in accordance with its own terms.PUSH NOTIFICATIONS.
USAGE RULES.
1. The term "App" includes and consists of the following: (i) any software code, scripts, interfaces, graphics, displays, text, audio-visual components, documentation and other components comprising the App (including that of any of Cafeteria’s third-party licensors); (ii) any updates, modifications or enhancements to the items listed in subsection (i), together with any electronic or other documentation and associated materials; and (iii) any of the Internet-based, interactive information services, content, and interactive tools provided by Cafeteria that may be used or accessible by means of the App.
2. Usage Rules may be established by third-party mobile device platform or service providers or the third party from whom you are downloading the App. Although certain Usage Rules are described in Sections 8 and 14 of this Agreement, it is your responsibility to determine what Usage Rules apply to your use of the App on account of (i) your Apple iOS Device, (ii) the method by which you downloaded, installed or accessed the App, or (iii) the third party from whom you downloaded, installed or accessed the App.
3. The App may require an Internet connection to access and use parts of the App or its Internet-based features, authenticate the App, or perform other functions. All Internet connectivity required for you to access and use such App functionality is your sole responsibility, and you understand that, if you do not maintain such connectivity, certain features and functionality of the App may not operate properly or at all.
4. You acknowledge that we may from time to time issue upgraded versions of the App, and we may automatically electronically upgrade (or otherwise make available for you to upgrade) the version of the App on your Apple iOS Device. You consent to such automatic upgrading (if applicable) and agree that this Agreement will apply to all such upgrades (including those made available automatically and those made available through other methods), except to the extent such upgrade is accompanied by a different set of terms and conditions. Also, from time to time, without prior notice to you, we may change, expand or improve the App. We may also, at any time, discontinue part or all of the App or selectively disable certain aspects of or accessibility to portions of the App and our services available through the App. Any modification or elimination of the App or such services will be done in our sole discretion and without any obligation or liability to you.
APP CONTENT RESTRICTIONS AND CONFIDENTIALITY OF TABLE QUESTIONS AND RESPONSES.
1. If you are informed through the App that any particular table questions are confidential or not to be shared, you agree to keep those specific table questions confidential and not disclose to any third party those questions or the responses you provide thereto.
2. The App and all data, information and content that is available or accessible, or that you see or otherwise experience, on or through the App (the “App Content”) belong to Cafeteria, its owners, partners, affiliates, contributors or third parties and are protected by U.S. and international copyright, trademark, intellectual property and other laws. You may use the App and the App Content solely for your personal, non-commercial use to view and respond to tables provided by Cafeteria via the App.
USER CONDUCT. While accessing or using the App, the App Content and the various features available on the App, in addition to any other supplementary terms and conditions that may be posted or otherwise made available on the App, you agree that you shall not:
1. attempt to or actually decompile, reverse engineer, disassemble, derive the source code of, or decrypt the App;
2. alter, edit, modify, delete, remove, obscure, fail to display, otherwise change the meaning or appearance of, or repurpose any portions of the App (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
3. violate, or use the App or your account therefor to violate, any applicable laws, rules or regulations;
4. take any action that interferes with the proper working of the App or Cafeteria’s systems, imposes an unreasonable or disproportionately large load on the App’s or Cafeteria’s infrastructure, might compromise the security of the App or Cafeteria’s systems or render the App or Cafeteria’s systems inaccessible to others, or otherwise cause damage to the App, any App Content or Cafeteria’s systems;
5. make any modification, adaptation, improvement, enhancement, translation or derivative work to or of the App or any App Content;
6. use the App or App Content except as expressly authorized by Cafeteria in this Agreement or by a written agreement between you and Cafeteria;
7. impersonate any person or entity or misrepresent your affiliation with any other person or entity;
8. upload, post, transmit, distribute or otherwise publish to, on or through the App, any information or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
9. use the App or the App Content to violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right, whether directly or in any other manner;
10. upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
11. use or launch any automated system, including without limitation, any “robot,” “spider,” or “offline reader” that accesses or uses the App in a manner that sends more requests to the App’s servers in a given period of time than a human can reasonably generate in the same period without using automated means, or engage in “data mining,” “screen scraping,” “database scraping,” harvesting of e-mail addresses or other contact or personal information, or any other automatic means of accessing, logging-in to or registering for the App or for any services available on the App, or obtaining lists of users or obtaining or accessing other information or features on the App, including, without limitation, any information residing on any server or database connected to the App;
12. obtain or attempt to gain unauthorized access to other computer systems, information or any services made available on or through the App through any means, or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the App;
13. install, use or permit the App to exist on more than one device at a time or on any other mobile device or computer, other than by means of your separate downloads of the App, each of which shall be subject to separate agreements (this restriction does not, however, limit your right to reinstall the App on the specific Apple iOS Device for which it was downloaded);
14. make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; or
15. You acknowledge and agree that your violation of any of the foregoing may give rise to irreparable injury to Cafeteria or its licensors or affiliates for which monetary damages may be an inadequate remedy; and you agree that Cafeteria or its licensors or affiliates may seek and obtain injunctive relief against the breach or threatened breach of your obligations hereunder, in addition to any other legal or equitable remedies which may be available.
PUSH NOTIFICATIONS. By accessing, installing or using the App, you consent to receiving “push” notifications from Cafeteria through the App on your Apple iOS Device (“Push Notifications”) unless and until you disable Push Notifications through your Apple iOS Device’s settings. Push Notifications may include, for example, general alerts, notices regarding your account or changes thereto, or promotional offers, some of which Cafeteria may be required by applicable law or regulation to give you the option to receive through the App. In the event that you disable Push Notifications, you acknowledge and agree that (i) you affirmatively elect to no longer receive, and waive any right you may have to receive (if any), any Push Notifications from Cafeteria, including, without limitation, any Push Notifications that Cafeteria may be required by applicable law or regulation to give you the option of receiving through the App, (ii) you assume all responsibility for your inability or failure to receive Push Notifications after you disable Push Notifications and (iii) Cafeteria shall have no liability to you for failure to deliver Push Notifications to you after you disable Push Notifications.
INTELLECTUAL PROPERTY.
1. You acknowledge and agree that all intellectual property rights (including, without limitation, any and all copyrights, patents, trademarks, trade secrets, publicity rights and other intellectual property rights) in and to the App and all elements thereof (including, without limitation, all content, design elements, text, graphics, pictures, illustrations, animations, video, audiovisual elements, information, software, code, music, sound, look-and-feel, and other App Content) are, as between you and Cafeteria, the sole property of Cafeteria.
2. Subject to the limited license granted to you in Section 1 above, no right, title or interest in or to the App or any App Content is granted or transferred to you as a result of your use of or access to the App. You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works of any App Content obtained from or through the App. Furthermore, the trademarks, logos, service marks and trade names (collectively the “Trademarks”) that may be displayed on or through the App or in any App Content are registered or unregistered Trademarks of Cafeteria or third parties and may not be used by you unless expressly authorized by Cafeteria, if the Trademark is Cafeteria’s, or the applicable third party owner, as applicable, and nothing contained herein or in or on the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on or through the App.
ELIGIBILITY TO USE THIS APP; CONSENT OF PARENT OR LEGAL GUARDIAN. The App is not intended or authorized for use by anyone under the age of fourteen (14) or by anyone who is not a resident of the United States of America. Any use of or access to the App by such a person is unauthorized, unlicensed and in violation of this Agreement. You hereby represent and warrant that (i) you are fourteen (14) years of age or older, (ii) all information about you that you provide is and will be accurate, and (iii) you do not reside outside of the United States. If you are not of an age old enough to enter into contracts in your state (e.g., you are legally a “minor”), you need to review this Agreement with your parent or guardian before using the App. If your parent or guardian does not agree to be bound by this Agreement as applied to you, then you are not authorized to access or use the App for any purpose.
NO EXPORT. You may not use or otherwise export or re-export the App except in accordance with this Agreement and as authorized by U.S. law, if at all. In particular, but without limitation, the App may not be exported or re-exported (i) into (or to a national or resident of) any countries subject to a U.S. embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Table of Denial Orders or Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or location, or on any such list.
USAGE RULES RELATED TO APPLE iOS DEVICES. If you use an Apple iOS Device to access or use the App, the following additional terms and conditions apply:
1. Acknowledgement: You and Cafeteria acknowledge that this Agreement is between you and Cafeteria only, and not with Apple, and that, as between Cafeteria and Apple, Cafeteria, not Apple, is solely responsible for the App and the content thereof.
2. Scope of License: The license granted to you for the App is a limited, non-transferable license to use the App on any Apple iOS Device that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, available at https://www.apple.com/legal/internet-services/itunes/, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts.
3. Maintenance and Support: Third parties, including Apple, are not responsible for any maintenance or support services with respect to the App. You and Cafeteria acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty: Third parties, including Apple, are not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you but, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if applicable, will be Cafeteria’s sole responsibility.
5. Product Claims: You and Cafeteria acknowledge that Cafeteria, not Apple, is responsible for addressing any claims of yours or any third party relating to the App or your possession or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
6. Intellectual Property Rights: You and Cafeteria acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Cafeteria, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) 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” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement and terms of use when using the App.
9. Third Party Beneficiary: You and Cafeteria acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary hereof.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO, INSTALLATION ON YOUR MOBILE DEVICE OF, AND USE OF THE APP OR ANY APP CONTENT, AND THE SERVICES MADE AVAILABLE VIA THE APP. CAFETERIA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE APP OR THE APP CONTENT OR SERVICES MADE AVAILABLE THROUGH THE APP, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, CONNECTIVITY, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, THE INTERNET GENERALLY, OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CAFETERIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE APP OR ANY APP CONTENT. CAFETERIA MAKES NO WARRANTY THAT THE APP, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS.

CAFETERIA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE APP OR ANY APP CONTENT. CAFETERIA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR MOBILE DEVICE, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE APP OR APP CONTENT OR YOUR DOWNLOADING OR UPLOADING OF ANY APP CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE APP. CAFETERIA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. CAFETERIA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE APP CONTENT, OR THAT ANY ERRORS IN THE APP CONTENT WILL BE CORRECTED. THE APP AND THE APP CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BECAUSE SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF REPRESENTATIONS OR WARRANTIES, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. IN SUCH STATES, CAFETERIA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP AND APP CONTENT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD-PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH THE APP, ANY APP CONTENT OR ANY SERVICE MADE AVAILABLE THROUGH THE APP, OR WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND APP CONTENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) WILL CAFETERIA OR ITS PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, OR THIRD-PARTY INFORMATION OR CONTENT PROVIDERS (COLLECTIVELY, “PROTECTED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE APP OR ANY APP CONTENT; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APP OR ANY APP CONTENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE APP OR ANY APP CONTENT, EVEN IF THE APPLICABLE PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL OR INCIDENTAL DAMAGES), SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE PROTECTED ENTITIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE APP, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR IN CONNECTION WITH THE APP.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP OR AND APP CONTENT, EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, TO WHICH YOU ARE ENTITLED TO BE PAID PURSUANT TO SECTION 4, OR (B) TEN DOLLARS ($10). YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT (1) THE MUTUAL AGREEMENTS MADE IN THIS SECTION 15 REFLECT A REASONABLE ALLOCATION OF RISK, AND (2) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THIS AGREEMENT, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.
INDEMNIFICATION. You understand and agree that you are personally responsible for your behavior on the App and for your use of the App Content. You agree to indemnify, defend and hold harmless Cafeteria, its parents, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information or content providers (“Indemnified Parties”) from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”), resulting from or arising out of (i) your access to or use of the App, any App Content or our services made available through the App, (ii) any violation by you of this Agreement or any applicable law, (iii) any taxes applicable to amounts paid to you under this Agreement, or (iv) any information transmitted, submitted or provided by you through the App, including, without limitation, Submitted Materials. You agree to cooperate as fully as reasonably required in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claim subject to indemnification by you, which will not excuse your indemnity obligations hereunder. You shall not enter into any settlement agreement in connection with a Claim which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without their prior written approval.
GENERAL CONTACT INFORMATION. If you have any questions, complaints or claims relating to this Agreement or the App, you may contact us by either:
1. sending an e-mail to legal@teamcafeteria.com
2. sending a letter via the U.S. Mail to:
  
  Cafeteria Inc.
  PO BOX 46565
  Los Angeles, CA 90046
GOVERNING LAW. This Agreement is governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions.
BINDING ARBITRATION; WAIVER OF CLASS ACTIONS AND JURY TRIAL.
1. Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the App or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the “Exclusions from Arbitration” clause below, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
2. Exclusions from Arbitration. YOU AND WE AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR BY OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
3. Right to Opt Out of Binding Arbitration and Class Action Waiver within 30 Days. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO PO BOX 46565, LOS ANGELES, CA 90046 AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT DETAILS, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.
4. Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO PO BOX 46565, LOS ANGELES, CA 90046 TO GIVE US OR OUR AFFILIATE WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE.
5. Informally Through Negotiation. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute, unless the Dispute is resolved within 60 days. If we or our affiliate with which you have a Dispute do/does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section 19.
6. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
7. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
8. Arbitration Procedures. Because the software and/or service provided to you by the entity you have a Dispute with concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $100,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $100,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $100,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
9. Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
10. COURT JURISDICTION AND VENUE. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT IN THE FEDERAL OR STATE COURTS SITTING IN THE BOROUGH OF MANHATTAN, CITY OF NEW YORK, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
ENTIRE AGREEMENT; NO WAIVER. This Agreement constitutes the entire agreement of you and Cafeteria with respect to the subject matter of this Agreement and supersedes all previous agreements, whether electronic, written or oral, between you and Cafeteria with respect to such subject matter. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by Cafeteria of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
CORRECTION OF ERRORS OR INACCURACIES. The App Content available on or through the App may contain typographical errors or other errors and inaccuracies and may not be complete or current. Cafeteria therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update App Content at any time without notice. Cafeteria does not, however, guarantee whether or when any errors, inaccuracies or omissions will be corrected.
THIRD-PARTY SITES, APPS AND SERVICES. Links in the App to third party websites, applications or information do not constitute or imply an endorsement, sponsorship or recommendation by Cafeteria of the third party, the third party website or application or the information contained on the third-party website or application. You acknowledge and agree that Cafeteria is not responsible for the availability of any such websites or application and that Cafeteria does not endorse or warrant, and is not responsible or liable for, any such website or application. Under no circumstances will Cafeteria be responsible for any loss or damage resulting from your use of any such website or application, or the services or products offered by or on such website or application, or any content posted on or transmitted from such website or application. Any links to other websites or applications are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any third-party website, application, person or entity, and if you choose to rely on any website or application linked to from within the App, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice.
ENFORCEMENT. Cafeteria reserves the right to (but does not assume any obligation to) investigate and take appropriate legal action against anyone who violates any of the provisions of this Agreement, including, without limitation, by barring violators from use of the App and App Content and pursuing civil, criminal or injunctive redress.
SEVERABILITY. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void or otherwise unenforceable, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
TERMINATION. Cafeteria reserves the right to terminate this Agreement with respect to you (including, without limitation, your right to access and use the App and App Content) immediately, with or without notice to you, for any reason or no reason. Sections 2, 4.4, 4.6, 4.7, 5, 7, 10, and 12-26 (inclusive), shall survive any termination of this Agreement and continue in full force and effect thereafter in perpetuity.
THIS AGREEMENT MAY CHANGE FROM TIME TO TIME. Cafeteria reserves the right to, in its sole discretion, modify, alter or otherwise update this Agreement at any time. When Cafeteria does so, Cafeteria will let you know by making the updated Agreement available on the App. Such updates will be applicable to you and your use of the App upon any further use by you of the App after the updated Agreement has been made available on the App. Your use of the App following any such update constitutes your agreement to follow and be bound by the Agreement as modified. For this reason, we encourage you to review this Agreement through the App whenever you use the App. We may also, but will not be required to, tell you about updates to this Agreement by additional means, such as by sending an e-mail to the e-mail address we have on file for you. The date on which this Agreement was last updated is set forth at the top of this Agreement.