Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use or access the Web Site and the MealHi5 Services, and your parent or legal guardian must read and affirmatively agree to these Terms on our Opt-In located on the first page of the Web Site prior to your using the Web Site and the MealHi5 Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to access, register or use the Web Site or the MealHi5 Services.
The Web Site is owned and operated by MealHi5 LLC., a State of Delaware corporation (MealHi5), and is currently hosted in the United States. MealHi5 reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Web Site and/or the MealHi5 Services (or any part thereof) with or without notice. You agree that MealHi5 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MealHi5 Services.
Please note that MealHi5 may modify these Terms from time to time, and any change to these Terms will be reflected on the Web Site (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use or access the Web Site or the MealHi5 Services. MealHi5 may also, in its sole and absolute discretion, choose to alert via email all Users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Also, occasionally there may be information on the Web Site or within the MealHi5 Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and MealHi5 reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
The Web Site and the MealHi5 Services are a third-party marketplace for customers (Customers) to view, discuss, and place orders for food and beverages, and pick-up and/or delivery services in connection therewith, with participating restaurants (the Restaurants) and third-party delivery drivers (the Third-Party Drivers), and is a merchant of such order placement services only. Neither MealHi5, the Web Site, nor the MealHi5 Services is a merchant of food or beverages, or any pickup or delivery services in connection therewith, and does not sell or control the Restaurants or the production of any food or beverages, or any Third-Party Drivers therewith, produced at or provided by the Restaurants or Third-Party Drivers.
MealHi5 is not a delivery company or a common carrier. Some deliveries are provided by MealHi5's network of independent delivery service providers (“Third-Party Drivers”). Third-Party Drivers have entered into agreements with MealHi5 which require them to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, applicable insurance requirements, and privacy laws. By accessing the Platform, you agree and acknowledge that Third-Party Drivers are solely responsible for, and MealHi5 shall not be liable or responsible for, the delivery services provided to you by any Third-Party Driver or any subcontractors of Third-Party Drivers, or any acts, omissions, errors or misrepresentations made by any Third-Party Driver including their subcontractors.
The Restaurants have entered into agreements with MealHi5 to comply with federal, state and local laws, rules, regulations, standards pertaining to food preparation, sale, marketing and safety, and privacy laws. MealHi5, including the Web Site and the MealHi5 Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.
Customers using the MealHi5 Services must make themselves comfortable through the information provided by the Restaurants and the Third-Party Drivers on the Web Site, by contacting the Restaurants and/or Third-Party Driver directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Restaurants and/or Third-Party Drivers, and the Restaurants and/or Third-Party Drivers compliance with applicable laws. MealHi5, including the Web Site and the MealHi5 Services, does not in any way guaranty the quality of any Restaurants Partner, or any food or beverage, or any pickup-up or delivery service with Third-Party Drivers in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services) such as organic, kosher, macrobiotic or allergen-specific standards such as nut-free, gluten-free, or lactose-free MealHi5 does not investigate or verify any such representations. MealHi5 shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants and/or Third-Party Drivers or any errors or misrepresentations made by them (including on the Web Site and through the MealHi5 Services).
Contractors and Merchants Are Independent:
You understand and agree that MealHi5 provides a technology platform connecting you with independent food service providers (our Restaurants) and others that provide the products offered through the Services (“Merchants”), and independent third-party contractors who provide delivery services (“Third-Party Drivers”). You acknowledge and agree that MealHi5 does not itself prepare food or offer delivery services and has no responsibility or liability for the acts or omissions of any Restaurant, Merchant Third-Party Driver. MealHi5 is not the retailer of any products offered by Restaurants, nor is it in the delivery business or a common carrier. MealHi5 provides a technology platform facilitating the transmission of orders by Users to Restaurants and Merchants for pickup or delivery by Third-Party Drivers. MealHi5 will not assess or guarantee the suitability, legality or ability of any Restaurant, Merchant or Third-Party Driver. You agree that MealHi5 is not responsible for the Restaurant’s food preparation or the safety of the food and does not verify Restaurants’, Merchants’ or Third-Party Drivers’ compliance with applicable laws or regulations. MealHi5 has no responsibility or liability for acts or omissions by any Restaurant, Merchant or Third-Party Driver. You agree that the goods that you purchase will be prepared by the Restaurant you have selected, that title to the goods passes from the Merchant to you at the Restaurant’s location, and that the Third-Party Driver will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Third-Party Driver nor MealHi5 holds title to or acquires any ownership interest in any goods that you order through the Services.
We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurants, Merchants and/or Third-Party Drivers directly, we ask that you notify MealHi5 of all complaints or concerns that you might have regarding the Restaurants and Third-Party Drivers.
When you place an order through the MealHi5 Services, you will be given a choice of payment options, including via credit card, PayPal®, and direct payment to the applicable Restaurant. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed, directly through the MealHi5 Services, for the purchase price of the applicable order, and MealHi5 will be the name that appears on the credit card or PayPal statement, as applicable. As stated above, however, MealHi5, including the Web Site and the MealHi5 Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered. If MealHi5 and the applicable Restaurant have agreed, your credit card information may be provided to the Restaurant, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly and you hereby authorize MealHi5 to transfer your credit card information to the Restaurant for processing. MealHi5 reserves the right to establish, remove, and/or revise prices, fees, taxes, service fee and/or surcharges for any or all services or goods obtained through the use of or access to the Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed for Restaurant’s food and beverage items. MealHi5 may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Commissions, Service Fees, Small Order Fees, and Surge Fees. MealHi5 may also, in its sole discretion, make Perks or other promotional offers with different features and different rates available to any or all of our Users. Certain features of the Platform, including, without limitation, the placing or receipt of orders, may require you to make certain payments, including commissions or other fees. When paid by you, these payments are final and non-refundable, unless otherwise determined by MealHi5. MealHi5, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged. Please note that in case of refund of any order, this service fee is non-refundable.
By voluntarily providing your cell phone number to MealHi5, you agree that MealHi5 may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand and consent that such messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages.
MealHi5 takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact MealHi5 and we will try to assist you. If you have already been billed by MealHi5, MealHi5 may, in its sole discretion, issue full or partial refunds or no refunds.
By using or accessing the Web Site and/or the MealHi5 Services, you represent, warrant, and covenant that:
All registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information; also you will keep your password confidential and will be responsible for all use of your password and your MealHi5 Account. You are not a minor in the jurisdiction in which you reside, or if you are a minor, that you above the age of 13 and that you have received the permission of your parents or legal guardian to use or access the Web Site and the MealHi5 Services; and your use of or access to the Web Site and the MealHi5 Services does not violate any applicable law.
The Web Site and the MealHi5 Services allow Users to interact with other users by reviewing and posting comments. You are entirely responsible for the content of, and any harm resulting from, your use of, participation with, and postings in the interactive portions of the Web Site (such use, participation, and/or postings, being your Contribution). When you create or make available a Contribution, you thereby represent and warrant that:
1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize MealHi5, the Web Site, and the Services, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms.
3. your Contribution is not (in all cases as determined by MealHi5 in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party.
4. your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on MealHi5′s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party.
5. your Contribution does not inundate the Web Site with communications or other traffic suggesting no serious intent to use the Web Site for its stated purpose.
6. your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.
7. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by MealHi5 in its sole and absolute discretion.
By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to MealHi5 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Web Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
MealHi5 has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Web Site and/or the MealHi5 Services (Submissions) provided by you to or via MealHi5, the Web Site, or the MealHi5 Services are non-confidential and MealHi5 (as well as any designee of MealHi5) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, including commercial or otherwise, without acknowledgment or compensation to you.
The Web Site and the MealHi5 Services are for personal, noncommercial use only (unless specifically endorse or approved by MealHi5). You may not access or use the Web Site for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants and Third-Party Drivers. Additionally, the following uses and activities of and with respect to MealHi5, including the Web Site and the MealHi5 Services, are prohibited:
1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets, and any other conduct prohibited by law.
2. advertising to, or solicitation of, any user to buy, sell or barter any products or services, unless authorized by MealHi5.
3. systematic retrieval of data or other content from the Web Site or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory.
4. engaging in unauthorized framing of or linking to the Web Site or the MealHi5 Services.
5. transmitting chain letters or junk email.
6. using any information obtained from the Web Site or the MealHi5 Services in order to contact, advertise to, solicit, or sell to any user.
7. engaging in any automated use of the Web Site or the MealHi5 Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.
8. interfering with, disrupting, or creating an undue burden on the Web Site or the MealHi5 Services or the networks or services connected or linked thereto.
9. attempting to impersonate another user or person.
10. using the username of another user.
11. selling or otherwise transferring your profile.
12. using any information obtained or accessed from the Web Site or the MealHi5 Services in order to harass, abuse, or harm another person, or any other conduct prohibited by law.
13. using the Web Site or the MealHi5 Service as part of any effort to compete with MealHi5, the Web Site, or the MealHi5 Service or to provide services as a service bureau.
14. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Web Site or the MealHi5 Services.
15. attempting to bypass any measures of the Web Site or the MealHi5 Services designed to prevent or restrict access to the Web Site or the MealHi5 Services, or any portion of the Web Site or the MealHi5 Services.
16. harassing, annoying, intimidating or threatening or any illegal conduct to any MealHi5 employees or agents engaged in providing any portion of the MealHi5 Services.
18. deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Web Site or the MealHi5 Services (including any content therein and thereof).
20. using the Web Site and/or the MealHi5 Services in a any manner inconsistent with any and all applicable laws and regulations.
As between you and MealHi5, all of the content included in and as a part of the Web Site and the MealHi5 Services (including, without limitation, all source code, databases, functionality, software, Web Site designs, audio, video, text, photographs, and graphics, the MealHi5 Content), including all trademarks, service marks, and logos contained therein (Marks), is the property of or is licensed to MealHi5, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. MealHi5 reserves all rights in and to the Web Site, the MealHi5 Services, and the MealHi5 Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Web Site and the MealHi5 Services; the license granted hereby does not include any resale or commercial use of the Web Site, the MealHi5 Services, or the MealHi5 Content. If you download or print a copy of the MealHi5 Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web Site or features that prevent or restrict use or copying of any MealHi5 Content or enforce limitations on use of or access to the Web Site or the MealHi5 Content therein.
The Web Site and the MealHi5 Services may contain, or you may be sent through the Web Site or the MealHi5 Service to, links to other Web Sites (Third Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the Third-Party Content). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by MealHi5 (including the Web Site and the MealHi5 Services), and MealHi5 (including the Web Site and the MealHi5 Services) are not responsible for any Third-Party Websites accessed through the Web Site or any Third-Party Content posted on, available through or installed from the Web Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third- Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you agree that MealHi5 (including the Web Site and the MealHi5 Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Web Site or through the use of the MealHi5 Services or as may otherwise relate to any applications that you use or install from the Web Site or through the MealHi5 Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and MealHi5 (including the Web Site and the MealHi5 Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
MealHi5 reserves the right but does not have the obligation to:
Monitor the Web Site and the MealHi5 Services for violations of these Terms. Take appropriate legal action against anyone who, in MealHi5's sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities. In MealHi5's sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate these Terms or any applicable policy of MealHi5, the Web Site, and/or the MealHi5 Services. In MealHi5's sole and absolute discretion, remove from the Web Site or the MealHi5 Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Web Site’s or the MealHi5 Services' systems; and Otherwise manage the Web Site in a manner designed to protect the rights and property of MealHi5 and others and to facilitate the proper functioning of the Web Site and the MealHi5 Services.
These Terms shall remain in full force and effect while you use the Web Site or the MealHi5 Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Web Site and the MealHi5 or by notifying MealHi5 directly.
Without limiting any other provision of these terms, mealhi5 reserves the right to, in mealhi5's sole discretion and le discretion and without notice or liability, deny access to and use of the website and the mealhi5 services, to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these terms, or of any applicable law or regulation, and mealhi5 may terminate your use or participation in the website and the mealhi5 services, delete your profile and any content or information that you have posted at any time, without warning, in mealhi5's sole and absolute discretion.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
These Terms will be governed and construed according to the laws of the State of Delaware for terms, conditions, use, and policies contained in this Agreement, except for the Disputes Section, excluding conflict of laws principles. The Disputes section below, which shall be governed, interpreted and enforced by the Federal Arbitration Act. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms.
IMPORTANT: READ THIS SECTION CAREFULLY BECAUSE IT LIMITS HOW YOU CAN SEEK RELIEF FROM MEALHI5 AND REQUIRES YOU TO ARBITRATE ANY DISPUTES, ISSUES OR CLAIMS INDIVIDUALLY.
Notice of any dispute against MealHi5 must be made pursuant to this Disputes section within 1 year of its accrual or your claim will be barred and waived.
1. If there is a dispute between Users of the Web Site, or between Users and any third party (including any Restaurants or Third Party Drivers), you understand and agree that MealHi5 (including the Web Site and the MealHi5 Services) is under no obligation to become involved. In the event that you have any such dispute between Users and any third party (including any Restaurants and Third-Party Drivers), you hereby release MealHi5 (including the Web Site and the MealHi5 Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
2. Informal Resolution
If a dispute should arise between MealHi5 and you, we want to reach a reasonable resolution. In order to achieve that, MealHi5 needs to understand any dispute or issue. Therefore, if a dispute or issue should arise, both MealHi5 and you agree to make a good faith effort to resolve it informally before proceeding with any further dispute process, arbitration, proceeding or otherwise. To start this informal process, written notice is sent to the other party including the MealHi5 Account holder’s name or the email address associated with the MealHi5 Account, a description of the dispute or issue, and the relief that is being sought. If to MealHi5, email to email@example.com and also include your name. If to you, we will send to the MealHi5 Account holder at the email address associated with that Account.
You and MealHi5 both agree to negotiate in good faith to resolve the dispute or issue, including informal telephone calls between you and MealHi5. If either party is represented by an attorney, their attorney may participate in the telephone calls, but both parties agree to also participate in each telephone call between the Parties to try and resolve the dispute or issue. If not resolved to either party’s satisfaction after 45 days from the receipt of the notice, both you and MealHi5 agree to proceed with further Disputes’ provisions stated below. Any applicable statute of limitations or time limitations are tolled during this 45-day informal resolution period, provided the Parties are participating.
The informal process stated above is a condition precedent and prerequisite to commencing any formal dispute process, arbitration, proceeding or otherwise.
You and MealHi5 agree that all disputes, claims or disagreement regarding the performance or interpretation of this Agreement, payments to or from MealHi5, or in any way relate to your access to or use of the Web Site, the Services, and/or termination of this Agreement that are not resolved as stated above, will be resolved by arbitration. Notwithstanding the foregoing, each party retains the right to bring an action to: (a) seek an injunction or other equitable relief in any applicable court in any jurisdiction to prevent actual or threatened infringement, violation or misappropriation of the party’s copyrights, trademarks, patents, trade secrets or intellectual property rights, or (b) resolve the dispute or issue through filing of a small claims action in the Small Claims division of any court subject to the maximum jurisdictional amounts, agree to accept the judgment rendered by such small claims court, and waive the right to appeal the judgment.
You and mealhi5 both agree that each of you waive your right to a jury trial to the maximum allowed by law. this means that an arbitrator and not a judge or jury will decide any dispute, issue or claim. rights to documents and information, a hearing, and the right to appeal may be limited in arbitration.
Arbitration shall be with the American Arbitration Association (AAA), unless the Parties agree otherwise in writing. The AAA Commercial Arbitration Rules or the Consumer Arbitration Rules then in effect will to govern the arbitration. The requirements and the rules are located on AAA website at https://www.adr.org.
If the dispute or issue was not resolved by the informal resolution process, you or MealHi5 may initiate a claim in arbitration by providing a written Demand for Arbitration in the manner as provided in the applicable AAA rules and using the AAA Demand for Arbitration form.
The arbitration will be with one arbitrator, who may be either a retired judge or an attorney licensed to practice law in the state in which the claim is filed. The parties will attempt to agree on an arbitrator in accordance with AAA rules. If the Parties are unable to agree on an arbitrator within 21 days from receiving a list of eligible neutral arbitrators, then AAA shall appoint the arbitrator in accordance with its Rules.
The arbitration will be conducted in the county where you reside, unless both MealHi5 and you agree otherwise. Any claim for less than $25,000 and does not seek declaratory relief or an injunction will be submitted to arbitration solely on the documents provided by each party unless the arbitrator requests a hearing. Any claim for $25,000 or more or one that seeks declaratory relief or injunction(s), the arbitrator will determine the reasonable exchange of documents and information, and the right to a hearing pursuant to the applicable AAA rules and this Agreement. All arbitration proceedings will be confidential and not open to the public. All records relating to the arbitration will be permanently sealed, except as required to obtain a court confirmation of the Arbitrator’s Award.
The arbitrator will render an award on a claim within the time specified in the applicable AAA rules. The arbitrator’s decision will include essential findings of fact, the conclusions upon which the arbitrator award was based on, the amount of money damages awarded, and any other relief to the extent that is available under the applicable law, AAA rules, and this Agreement. The arbitrator has the authority to award monetary damages to an individual claim and to grant on an individual basis any non-monetary remedy or relief available to an individual to the extent permitted under the AAA rules and as set forth in this Agreement. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
Both parties will pay their own costs for arbitration, unless you demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation. In that event, MealHi5 will pay the portion of the filing fee, administrative, and/or arbitrator fees as the arbitrator determines necessary to prevent the arbitration from being cost prohibitive to you.
Attorney fees may only be awarded to the prevailing party in the arbitration if authorized under applicable substantive law governing the claim in arbitration.
Any party that the arbitrator deems has filed a frivolous claim under AAA rules, that party shall not recover any damages, attorney fees or costs, and will be required to pay or reimburse the other party for its filing fees, administrative fees, arbitrator fees, attorney fees and other costs incurred.
4. No Class Action
To the maximum allowed by law, you agree that there is no right or authority for a class action arbitration of any claim or claims, or any joint or collective claims, including a private attorney general or other public injunctive relief, unless mealhi5 and you agree otherwise in writing. the arbitrator may not consolidate more than one person’s claim and may not otherwise preside over any form of a class, joint, or collective proceeding or arbitration for or against mealhi5. the arbitration may not award any relief for or against anyone or any entity that is not a party to the individual claim. any award of the arbitrator will be only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual party’s claim.
If a court of competent jurisdiction deems the above clause is unenforceable with respect to a particular claim or a request for relief and the appeal of that decision has been exhausted or is otherwise final, the Parties agree that the particular claim or request for relief will be severed and stayed pending the completion of the arbitration of the remaining claims.
5. Batch Arbitration Claims For the purpose of administration efficiency and resolution of large numbers of arbitrations, if more than 100 arbitration claims are filed with AAA within a 30-day period, containing similar demands or claims, or from the same organization or law firm, AAA will administer such claims in batches of 100 claims. The final batch may consist of the remaining claims even if less than 100. AAA will apply a single filing fee and administrative fee for each batch, to be shared equally by each side. AAA will also appoint one arbitrator for each batch. You agree to the above proposed batching method, or some similar type of method proposed by AAA. Such agreement to a batching method to be applied by AAA to handle the large number of arbitrations against a single company shall not be interpreted to authorizing a class arbitration of any kind.
6. Right to Opt-Out of Arbitration
MealHi5 may change this Disputes section from time to time. If MealHi5 changes this Disputes section, you agree that your continued accessing or using of the Web Site or Services after such change is noticed will be deemed acceptance of those changes. If you do not accept the change, within 30 days of such notice, you must reject such changes made to Disputes section in writing to MealHi5 at firstname.lastname@example.org or MealHi5, LLC, 39899 Balentine Dr., Suite 200, Newark, CA 94560. Your written rejection must clearly state your intent to reject changes to this Disputes section and include your full name. By rejecting changes made, you agree to resolve any dispute between you and MealHi5 in accordance with Disputes provisions in the last prior Agreement accepted by you.
MealHi5 cannot control the nature of all of the content available on the Web Site or through the MealHi5 Services, or the products and services being sold by the Restaurants or delivered by the Third-Party Drivers therein. By operating the Web Site and providing the MealHi5 Services, MealHi5 does not represent or imply that MealHi5 endorses any Restaurants, Third-Party Drivers, Contributions, or any other content, services or products available on or linked to by the Web Site or through the MealHi5 Services, or that MealHi5 believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products, services or content you may encounter on the Web Site or through the MealHi5 Services or in connection with any Restaurants, Third-Party Drivers, Contributions, or other third parties.
You agree that your use of the web site and mealhi5 services will be at your sole risk. to the maximum extent permitted by applicable law, mealhi5, its officers, mangers, employees, members, service providers, affiliates, and agents disclaim all warranties, express or implied, in connection with the web site and mealhi5 services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. mealhi5 does not warrant, represent or guarantee in any way that that the services are accurate, reliable or correct, that the services will meet your requirements, that the services will be available at any particular time or location, uninterrupted, error-free, without defect or secure, that the defects or errors in the services will be corrected, or that the services are free of viruses or other harmful components or fit for any particular purposes. mealhi5 makes no warranties or representations about the accuracy or completeness of the web site’s content or the content of any web site’s linked to this web site. under no circumstances will mealhi5 be responsible for any damage, loss or injury resulting from any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our web site and mealhi5 services, (c) any hacking, tampering, or other unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the web site, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the web site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any of the products, services, or content posted, transmitted, or otherwise made available via the web site or through the mealhi5 services. mealhi5 does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the web site or any hyperlinked web site or featured in any banner or other advertising, and mealhi5 will not be a party to or in any way be responsible for monitoring any transaction between you and providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
To the fullest extent permitted by law, in no event shall mealhi5 or its directors, officers, employees, service providers, affiliates, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including without limitation lost profit, goodwill, use, data, or other intangible losses that result from the use of, inability to use, or access the web site or mealhi5 services, even if mealhi5 has been advised of the possibility of such damages. this limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if mealhi5 has been advised of the possibility of such damage. the foregoing limitation of liabiliy will apply to the fullest extent permitted by law. notwithstanding anything to the contrary contained herein, mealhi5s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to mealhi5 for order placed by you through the mealhi5 services during the period of 1 month prior to any claim or any cause of action initially arising or $100.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
If you are a california resident, you waive california civil code section 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materiallyaffected his settlement with the debtor:"
You agree to defend, indemnify and hold MealHi5, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the "MealHi5 Indemnitees") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any party due to or arising out of your Contributions, your use of or access to the Web Site, or your use of or access to MealHi5 Services, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, MealHi5 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an MealHi5 Indemnitee, and you agree to cooperate, at your expense, with MealHi5's defense of such claims. MealHi5 will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.
From time to time, MealHi5 may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
In order to resolve a complaint regarding the Web Site or the MealHi5 Services, or to receive further information regarding the MealHi5 Services, please contact MealHi5 as set forth below, or, if any complaint with MealHi5, the Web Site, or the MealHi5 Services is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 or by telephone at 800-952-5210.
MealHi5, LLC, 39899 Balentine Dr., Suite 200, Newark, CA 94560
Phone: 1(408) 503 - 6536
Except as explicitly stated otherwise, any notices given to MealHi5 shall be given by email to Info@MealHi5.com. Any notices given to you shall be given to the email address you provided during the registration process (creating a MealHi5 Account), or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings. Mailed notices will deemed given 5 days after mailing by U.S. mail.
Software from this Web Site is further subject to United States export controls. No software may be downloaded from the Web Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms constitutes the entire agreement between you and MealHi5 regarding the Web Site and the MealHi5 Services. The failure of MealHi5 to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. These Terms and your MealHi5 Account may not be assigned by you without our express written consent. MealHi5 may assign any or all of its rights and obligations to others at any time. MealHi5 shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond MealHi5's reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.