last revised June 23, 2019
Last revised: June 23, 2019
Changes to these Terms or Online Services
We may modify these Terms and/or the Content (defined below) of the Online Services, or discontinue all or any part of the Online Services, at any time in our sole discretion. If we materially modify these Terms, we will update the “last revised” date above, which will serve as the effective date unless otherwise stated. Updates to the Content will be effective upon publication. It’s important that you review any modified Terms because continued use of the Online Services after modification indicates to us that you agree to be bound by the modified Terms.
Permitted Users and Children’s Privacy
The Online Services are intended for use by persons aged 13 or older, and by your use you affirm that you are at least 13 years of age. If you are under the age of 18, you are only permitted to use the Online Services with the consent of your parents or an adult guardian. Salad and Go will not knowingly allow registration of an account for any person that we believe to be younger than 13. We also do not collect any personally identifiable information from any persons under the age of 13 and if we discover that we have been provided any such information, we will delete this information from our records.
Prior to placing an order using the Online Services, you may be required to establish a user account by providing your email address and a password; if so, you are responsible for maintaining the security of that password and other account details, and you are also responsible for the integrity and security of the operating environment from which you access the Online Services. Although Salad and Go will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Salad and Go or others due to such unauthorized use.
Ordering & Charges
When you purchase items through the Online Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes, even if you fail to pick up the order. You also agree to have your payment card billed for the total amount displayed at checkout. By purchasing items through the Online Services, you represent and warrant to Salad and Go that you are capable of entering into a contract under the applicable law. After you place your order, Salad and Go will send you an order acknowledgment to your designated email address. Salad and Go reserves the right to refuse or cancel any orders for any reason (including for pricing errors as noted below), and whether or not the order has been confirmed. Without limitation of the foregoing, Salad and Go is not responsible for any inability to fulfill orders. If your credit card has already been charged for the purchase and your order is cancelled by Salad and Go, we will issue a credit to your credit card account in the amount charged. If you place an order and fail to pick it up by the required time, it will be discarded without refund or credit to you.
Pricing or Other Information Errors
Although Salad and Go strives at all times to maintain the accuracy of information maintained on or through its Online Services, including pricing information and product details, occasionally pricing or other information errors may occur. In the event that any Salad and Go item available through the Online Services is mistakenly listed at an incorrect price or with other incorrect information, Salad and Go reserves the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.
Consent to Electronic Communications
Certain areas of the Online Services may enable you to submit and/or link to social media and other online pages where you can submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Salad and Go, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Online Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Salad and Go and Salad and Go is entitled to use the Submitted Content or any form of it for any commercial or other purpose whatsoever without compensation to you. Salad and Go may, but shall not be obligated to, in our sole discretion, post any Submitted Content by you, including any edited, altered, or other derivative form of it, on the Online Services and identify you as the submitting party.
Intellectual Property and Permitted Use
The Online Services and all content, information and other materials contained and available on the Online Services including, but not limited to, all text, graphics, designs, illustrations, photographs, pictures, audio, software, source code, video clips, pages, screens, content arrangement, and computer programs (collectively, the “Content”), as well as the trademarks, logos, service marks, slogans including but not limited to “Drive-thru Revolution” and “Orange Fork”, know-how, trade secrets, and inventions (collectively, the “Intellectual Property”) are owned by or licensed to Salad and Go with all rights reserved unless otherwise noted.
The Intellectual Property is protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. The absence of a trademark notice or legend indicating the registration or ownership by Salad and Go anywhere in the Content or Intellectual Property does not constitute a waiver of Salad and Go’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced on the Online Services.
Salad and Go grants you a personal, non-exclusive, non-transferable, limited right to access, use, display and download the Online Services for noncommercial purposes only. You may not in any way otherwise copy, reproduce, distribute, transmit, display, perform, publish, license, modify, create derivative works from, sell, or exploit in whole or in part, the Online Services or Intellectual Property without the prior express written permission of Salad and Go. You are advised that Salad and Go and/or its licensee(s) or licensor(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
The following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive and Salad and Go reserves the right to determine what types of conduct it considers inappropriate use of the Online Services. By way of example, and not as a limitation, you agree not to:
1. use the Online Services for any illegal purpose, or in violation of any local, state, national, or international law;
2. post, upload, or distribute any Submitted Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
3. violate, infringe, misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Salad and Go, its affiliates, or the rights of third parties, or of any other person or entity;
4. interfere with security-related features of the Online Services, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Online Services except to the extent that such activity is expressly permitted by applicable law;
5. interfere with the operation of the Online Services or any user’s enjoyment of the Online Services, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Online Services; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Online Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
6. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the accounts of others without permission, or falsifying your age or date of birth;
7. attempt to do any of the prohibited acts described in these Terms, or assist or permit any persons in engaging in any of the acts described in these Terms.
Termination of Use
You agree that Salad and Go may, in its sole discretion and without prior notice, block and/or terminate your access to the Online Services if Salad and Go determines that you have violated or threaten to violate these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation or threatened violation may cause irreparable and unquantifiable harm to Salad and Go, and that monetary damages for such harm may be inadequate, and you consent to Salad and Go obtaining any injunctive or equitable relief we deem necessary or appropriate. These remedies are in addition to any other remedies that Salad and Go may have at law or in equity. If Salad and Go takes legal action against you as a result of your violation of these Terms, Salad and Go will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Salad and Go. You agree that Salad and Go will not be liable to you or any third-party for any termination of your use of the Online Services as a result of your failure to comply with these Terms.
You agree to indemnify, defend, and hold harmless Salad and Go, its officers, directors, employees, attorneys, consultants, agents, and providers from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) any activities in connection with the Online Services (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third-party resulting from your use of the site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
THE ONLINE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SALAD AND GO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ONLINE SERVICES OR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SALAD AND GO DOES NOT REPRESENT OR WARRANT THAT THE ONLINE SERVICES OR THE SERVER THAT MAKES THE ONLINE SERVICES AVAILBLE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT THE DEFECTS WILL BE CORRECTED. NEITHER SALAD AND GO NOR ITS LICENSORS OR HOSTING SERVICE PROVIDERS MAKES ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH ITS ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE ONLINE SERVICES, YOUR DEALINGS WITH OTHER USERS OF THE ONLINE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE ONLINE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ONLINE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE ONLINE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
Limitations of Liability
NEITHER SALAD AND GO NOR ITS LICENSORS OR HOSTING SERVICES PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, SALAD AND GO’S PRODUCTS OR THE ONLINE SERVICES, EVEN IF SALAD AND GO (OR ITS LICENSORS OR HOSTING SERVICES PROVIDERS) HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Each provision of these Terms that provides for a disclaimer of warranties, limitation of liability, or exclusion of damages is to allocate the risks under these Terms between the parties. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
Salad and Go shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law and Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS ARE RESOLVED.
1. Statute of Limitations. You must file any claim within six (6) months after such claim arose or it is forever barred.
2. Agreement to Arbitrate. We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any guest concerns through our guest support at firstname.lastname@example.org. However, if you are dissatisfied with our guest services resolution of your matter, you agree to resolve any and all disputes by binding arbitration or small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SALAD AND GO ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
3. Exceptions. Notwithstanding the paragraph above, you and Salad and Go agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to seek injunctive or other equitable relief in a court of competent jurisdiction, or to file suit in a court of law to address intellectual property infringement claims.
4. Arbitrator. Any arbitration between you and Salad and Go will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
5. No Class Actions. YOU AND SALAD AND GO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Salad and Go agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
6. Governing Law. These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Salad and Go agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Maricopa County, Arizona for the purpose of litigating all such disputes. Salad and Go’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Salad and Go may assign its rights and duties under these Terms to any party at any time without notice to you.
In an attempt to provide increased value to our guests and other site visitors, Salad and Go may provide links to sites operated by third-party providers. However, even if the third party is affiliated with Salad and Go, Salad and Go has no control over these linked sites, all of which have separate terms and privacy practices, independent of Salad and Go. These linked sites are only for your convenience and therefore you access them at your own risk. Salad and Go makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Online Services, nor does Salad and Go implicitly endorse any of these sites. Nonetheless, Salad and Go seeks to protect the integrity of its Online Services and the links placed upon it and therefore welcomes feedback not only on its own Online Services, but also on any sites it links to (including if a specific link does not work).
In order to use the Online Services made available through the Mobile App, you must have a mobile device. We do not warrant that the Mobile App will be compatible with your mobile device. If you access the Mobile App using Apple iOS or Android powered device, Apple, Inc. and Google, Inc., respectively, and each of their subsidiaries, shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms against you. However, these third-party beneficiaries are not a party to these Terms and are not responsible for the provision or support of the Mobile App you agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. §512, as amended). If you believe in good faith that materials posted on the Online Services infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to us at email@example.com.
1. Additional Terms. Your access to and use of the Online Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Online Services, and certain features of the Online Services that we may post on or link to on the Online Services or otherwise communicate to you, such as through email (“Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
3. Headings. Use of section headers in these Terms are for convenience only and will not have any impact on the interpretation of particular provisions.
4. Enforceability and Survival. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
5. Assignment. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written content. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
6. No Agency Relationship. Neither these Terms or any Content or features of the Online Services create any partnerships, joint venture, employment, or other agency relationship between Salad and Go and you. You may not enter into any contract on our behalf or bind us in any way.
7. Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any right or provision will be effective only in writing and signed by a duly authorized representative of us.
8. Other. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Any rights not expressly granted herein are reserved.
If you have any questions about these Terms or the Online Services, please contact us by email at firstname.lastname@example.org. Salad and Go is located at 743 N. Gilbert Rd., Gilbert, Arizona 85234.
Last revised: June 23, 2019
Personal Information does not include “aggregate” or other non-identifying information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information and other non-identifying information for various purposes.
Collection of Information
We collect Personal Information that our users voluntarily provide to us in the following ways:
1. Email newsletters. If you sign-up to receive our communications, we collect your email address and may, from time to time, send you newsletters and other commercial or promotional communications. You may opt-out from receiving these communications pursuant to the terms in the “Choice” section below.
2. Interactive Features. The Online Services may contain interactive functionality that allows you to engage with other users, post comments to forums, upload photographs and other content, participate in surveys, and otherwise interact with the Online Services and other users. If you use any interactive functionality that requests or permits you to provide us with Personal Information (including, for example, any services that allow you to post content), we collect the Personal Information you provide in the course of using these interactive features.
3. You Contacting Us. If you contact us by email, mail, or other means, we collect the Personal Information contained within, and associated with, your correspondence.
4. Other Information. From time to time, we may collect third-party email addresses, such as of family and friends, or other contact information you provide for promotional purposes.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties, and may combine this information with other Personal Information we maintain about you. If we do so, we will treat any combined information that we maintain as Personal Information under this Policy.
Use of Personal Information
Disclosure of Personal Information
We may disclose Personal Information to Third-Party Services that assist us in our work (e.g., data storage and processing facilities). We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and they are expressly obligated to maintain the confidentiality of such Personal Information.
We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling, and other similar purposes.
Public Areas and Syndicated Services
Social Media Pages and Other Voluntary Disclosure
Please keep in mind that whenever you voluntarily disclose Personal Information online, whether it is on social media pages, message boards, through email, in meeting rooms, or in blogs, your information can be collected and used by others. In short, if you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return. We cannot control the actions of any third parties.
Further, we reserve the irrevocable, perpetual and worldwide right to copy and post on the Online Services and those of any parent, affiliates, subsidiaries, assigns, agents and licensees, and on any Third-Party Services and advertising media through which we are engaged, any comments, pictures or other information related to us that you post on social media pages, bulletin boards, chat rooms, blogs, or elsewhere, without any further notice to you or any remuneration. We also reserve the right to moderate any comments, pictures, or other information you post through or on such forums and media to help keep inappropriate messages from being posted.
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
To Protect our Interests
We may disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of the Online Services and other users of the Online Services.
You may opt-out from receiving commercial email from us, and any other promotional communications that we may send to you from time to time by sending your request to us by email at email@example.com or by unsubscribing to the communication if that option is provided. Please be aware that if you opt-out of receiving promotional communications from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive promotional communications from us during that period.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. The Online Services are not directed to children under the age of 13. If we learn that we have collected Personal Information from a child under the age of 13 on the Online Services, we will delete that information as quickly as possible. If you believe that we may have collected any such Personal Information on the Online Services, please notify us at firstname.lastname@example.org.
By providing your Personal Information to us through your use of the Online Services, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Online Services.
We use reasonable security measures that are designed to protect Personal Information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
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