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TERMS OF USE AGREEMENT

This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Cow, LLC (DBA rushmyfood.com) and its affiliated companies (collectively, the "Rushmyfood" or "we" or "us" or "our"), concerning your access to and use of the www.Rushmyfood.com website as well as any other media form or media channel related or connected thereto (collectively, the "Website"). The Website allows restaurants ("Restaurants") to market and offer for sale meals for delivery and/or pick up and customers to search for and purchase such meals ("Rushmyfood Services"). The Rushmyfood Services are hosted in the United States.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT RUSHMYFOOD MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE RUSHMYFOOD SERVICES OR THE WEBSITE.

OUR PURPOSE

We have created the Website to serve as a marketplace. Rushmyfood is a merchant of food ordering and delivery services. Rushmyfood does not sell or control the production of any food produced at the Restaurants. Rather this marketplace provides buyers the ability to search for and find local Restaurants that deliver or make food available for pick up.

The Restaurants are obligated by Rushmyfood to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for users to understand that Rushmyfood does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws. Buyers must make themselves comfortable through information provided by Restaurants on the Website or as requested by buyers directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws. Rushmyfood does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as "organic," "kosher," "macrobiotic" or allergen-specific standards such as "nut-free," "gluten-free," or "lactose-free." However, Rushmyfood does not independently investigate or verify such representations. Rushmyfood shall not be liable or responsible for any food or services offered by Restaurants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. Buyers are solely responsible for verifying the accuracy of delivery addresses, and Rushmyfood shall have no liability or responsibility for any such erroneous addresses.

Please direct all complaints concerning Restaurants to Rushmyfood's attention as indicated on the Website.

ORDERING AND PAYMENT

All ordering is performed online. Buyers are usually billed directly by Rushmyfood for their orders, and "Rushmyfood" will be the name that appears on your payment records, but Rushmyfood shall not in any manner be considered the seller of the food.

REFUND POLICY

Rushmyfood takes customer satisfaction very seriously. In the case of problems with your food order, please contact the Restaurant directly. If you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact Rushmyfood and we will try to assist you. In appropriate cases, if you have already been billed by Rushmyfood, Rushmyfood will issue full or partial refunds. For example: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction. If you were billed by Rushmyfood.com, Rushmyfood.com will provide a full or partial refund if, for example, you did not receive your food order, or part of your order, on a case to case basis.

USER REPRESENTATIONS

General

By using the Rushmyfood Services, you represent and warrant that:

a. all registration information you submit is truthful and accurate;

b. you will maintain the accuracy of such information;

c. you will keep your password confidential and will be responsible for all use of your password and account;

d. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and

e. your use of the Rushmyfood Services does not violate any applicable law or regulation.

Regarding Content You Provide

You are entirely responsible for the content of, and any harm resulting from, your postings to the interactive portions of the Website ("Contribution"). When you create or make available a Contribution, you thereby represent and warrant that:

a. 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;

b. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Rushmyfood and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

c. your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

d. your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Rushmyfood), 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;

e. your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Rushmyfood's or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

f. your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

g. your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

h. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Rushmyfood in its sole discretion.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Rushmyfood 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 Website 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.

Rushmyfood has the right, in our 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 this Agreement.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Rushmyfood Services ("Submissions") provided by you to Rushmyfood are non-confidential and Rushmyfood (as well as any designee of Rushmyfood) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Rushmyfood makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Rushmyfood. Prohibited activity includes, but is not limited to:

a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

b. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Rushmyfood;

c. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Rushmyfood;

d. making any unauthorized use of the Rushmyfood Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;

e. engaging in unauthorized framing of or linking to the Website;

f.transmitting chain letters or junk email to other users;

g. using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

h.engaging in any automated use of the system, 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;

i. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

j. attempting to impersonate another user or person;

k. using the username of another user;

l. selling or otherwise transferring your profile;

m. using any information obtained from the Website in order to harass, abuse, or harm another person;

n. using the Rushmyfood Service as part of any effort to compete with Rushmyfood or to provide services as a service bureau;

o. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;

p. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

q. harassing, annoying, intimidating or threatening any Rushmyfood employees or agents engaged in providing any portion of the Rushmyfood Services to you;

r. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;

s. deleting the copyright or other proprietary rights notice from any Contribution or Rushmyfood Content; and

t. using the Website in a manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

The content on the Website ("Rushmyfood Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Rushmyfood, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Rushmyfood Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Rushmyfood graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Rushmyfood in the U.S. and/or other countries. Rushmyfood's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Rushmyfood. Rushmyfood Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Rushmyfood is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Rushmyfood Content and to download or print a copy of any portion of the Rushmyfood Content to which you have properly gained access solely for your personal, non-commercial use. Rushmyfood reserves all rights not expressly granted to you in and to the Website and Rushmyfood Content and Marks. If you download or print a copy of the Rushmyfood Content for personal use, 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 Website or features that prevent or restrict use or copying of any Rushmyfood Content or enforce limitations on use of the Website or the Rushmyfood Content therein.

THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the Rushmyfood Service) links to other websites ("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 us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, 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 leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Rushmyfood takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

Rushmyfood reserves the right but does not have the obligation to:

a. monitor the Website for violations of this Agreement;

b. take appropriate legal action against anyone who, in Rushmyfood's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;

c. in Rushmyfood's sole discretion and without limitation, 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 this Agreement or any Rushmyfood policy;

d. in Rushmyfood's sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Rushmyfood's systems;

e. terminate the accounts of repeat infringers; and

f. otherwise manage the Website in a manner designed to protect the rights and property of Rushmyfood and others and to facilitate the proper functioning of the Website.

PRIVACY

We care about the privacy of our users. Please review the Rushmyfood Privacy Policy. By using the Website or the Rushmyfood Services, you are consenting to have your personal data transferred to and processed in the United States. By using the Website or the Rushmyfood Services, you are consenting to the terms of Privacy Policy.

TERM AND TERMINATION

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user of the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, RUSHMYFOOD RESERVES THE RIGHT TO, IN RUSHMYFOOD'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE RUSHMYFOOD 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 THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND RUSHMYFOOD MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE RUSHMYFOOD SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN RUSHMYFOOD'S SOLE DISCRETION.

In order to protect the integrity of the Website and Rushmyfood Services, Rushmyfood reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website Rushmyfood Services.

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

MODIFICATIONS

To Agreement

Rushmyfood may modify this Agreement from time to time. Any and all changes to this Agreement will be reflected on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Rushmyfood Services after any such modification posted on the Website becomes effective. Rushmyfood may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. Modifications to this Agreement shall be effective 30 days after being posted but shall not apply retroactively. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

To Services

Rushmyfood reserves the right at any time to modify or discontinue, temporarily or permanently, the Rushmyfood Services (or any part thereof) with or without notice. You agree that Rushmyfood shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Rushmyfood Services.

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Rushmyfood is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Rushmyfood, its officers, employees, agents and successors in rights from 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 and/or the Rushmyfood Services.

With Rushmyfood

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Rushmyfood Services shall be governed and construed by the law of the State of California, excluding such state's conflicts of law rules. Any legal action of whatever nature by or against Rushmyfood arising out of or related in any respect to this Website and the Rushmyfood Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over San Francisco County, California; subject, however, to the right of Rushmyfood, at Rushmyfood's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Rushmyfood Service (including your visit to or use of the Website and/or the Rushmyfood Service) be instituted more than two (2) years after the cause of action arose.

CORRECTIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Rushmyfood reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

Rushmyfood cannot control the nature of all of the content available on the Website or food products sold via the Website. By operating the Website, Rushmyfood does not represent or imply that Rushmyfood endorses any sellers, sellers' products, blogs, Contributions or other content or products available on or linked to by the Website, including without limitation content hosted on third party websites, or that Rushmyfood believes food products, Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or in connection with any sellers or Contributions. Rushmyfood is not responsible for the conduct, whether online or offline, of any user of the Website or Rushmyfood Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND RUSHMYFOOD SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RUSHMYFOOD, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND RUSHMYFOOD SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RUSHMYFOOD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 WEBSITE AND RUSHMYFOOD SERVICES, (C) ANY 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 WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. RUSHMYFOOD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RUSHMYFOOD 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.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL RUSHMYFOOD OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR RUSHMYFOOD SERVICES, EVEN IF RUSHMYFOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RUSHMYFOOD'S 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 RUSHMYFOOD FOR RUSHMYFOOD SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.

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 MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

CONTACT US

In order to resolve a complaint regarding Rushmyfood Services or to receive further information regarding use of Rushmyfood Services, please contact us by phone at (888)-665-7360, or by Email at info@Rushmyfood.com