Effective Date: August 7, 2017

 

1. Scope of Terms

Welcome to Chowbus! We are so happy you are here, and we can't wait to deliver you Chowbus happiness. But before you proceed further, please read these Terms carefully!

These Terms of Use (“Terms”) govern your access or use of the applications, websites, content, products, and services provided through them (the “Services,” as more fully described below) by Fantuan Group, Inc. or its parents, subsidiaries, representatives, or affiliates (collectively, “Chowbus”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Chowbus may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

 

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH CHOWBUS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS OF SUCH AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

Chowbus may amend these Terms from time to time. Amendments will be effective upon Chowbus’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting confirms your consent to be bound by these Terms, as amended. If Chowbus changes these Terms after the date you first agreed to these Terms (or to any subsequent changes to these Terms), and you reject any such changes, your sole recourse is to immediately discontinue use of the Service.

 

2. Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against Chowbus on an individual basis in arbitration, as set forth in this Section 2 (such section being referred to in this Agreement as the “Arbitration Agreement”). This will preclude you from bringing any class, collective, or representative action against Chowbus, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Chowbus by someone else.

 

Agreement to Binding Arbitration Between You and Chowbus.

You and Chowbus agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, will be settled by binding arbitration between you and Chowbus, and not in a court of law.

 

You acknowledge and agree that you and Chowbus are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Chowbus otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Chowbus each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

 

Rules and Governing Law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Illinois.

 

Process.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

 

Location and Procedure.

Unless you and Chowbus otherwise agree, the arbitration will be conducted in Chicago, Illinois. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Chowbus submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, only to the extent provided under applicable law.

 

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

 

Changes.

Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Terms, if Chowbus changes this Arbitration Agreement after the date you first agreed to these Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Chowbus written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided by email from the email address associated with your Account to: hello@chowbus.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Chowbus in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to these Terms (or to any subsequent changes to these Terms).

 

Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

 

3. About the Services

The “Services” comprise website access, mobile applications and related services, which enable the ordering, payment, and delivery of food from participating restaurants, and such delivery by drivers. Unless otherwise agreed by Chowbus in a separate written agreement with you (for example, if you are a DSP (defined below)), the Services are made available solely for your personal, noncommercial use.

The restaurants making delivery available through the Services operate independently and have entered into agreements with Chowbus to provide the food and delivery services available to you via the Services. The restaurants are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure. You agree that Chowbus shall not be responsible for the restaurants' food preparation or safety and does not verify any restaurant's compliance with applicable laws. In addition, Chowbus does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by such restaurants, including in those cases where the restaurant provides the delivery services. In addition, Chowbus does not independently verify representations made by restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors or disclosures.

Some deliveries are provided by Chowbus's network of independent delivery service providers (“DSPs”). DSPs have entered into agreements with Chowbus, which require DSPs to comply with all applicable federal, state and local laws, rules and regulations, including without limitation traffic laws, requirements of the applicable Department of Motor Vehicle, and applicable insurance requirements. Chowbus shall not be liable or responsible for any delivery services provided by DSPs or any errors or misrepresentations made by them.

 

4.  Using the Services

You may only use the Services to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you have the legal capacity to form a binding contract with Chowbus. In addition, 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 the Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Services. Notwithstanding the foregoing, you are prohibited from using the Services if you are under the age of 13.

Use of the Services to order requires that you register and/or create an account (“Account”). To register and create an Account, you must create a username and password and provide certain personal information. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Chowbus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Chowbus has the right to block your current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Chowbus of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Chowbus will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

 

5. Credit Policy

Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.

 

6. Materials and License

With the exception of User Content (defined below), the Services and everything on them, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by or licensed to Chowbus. The Services and the Materials are protected by copyright, trademark, trade dress, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Services and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Services, all trademarks, service marks, logos, trade dress and trade names are proprietary to Chowbus, including without limitation the word CHOWBUS and the bowl and chopsticks design.

Chowbus hereby grants to you a limited, non-exclusive, non-transferable and revocable license to access and use the Services and/or the Materials for your personal use, solely as expressly permitted by these Terms and subject to all the terms and conditions of these Terms, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Services. Any other use of the Services and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Services should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Services without the express written permission of Chowbus or the appropriate third party owner, as applicable.

If you download any software from the Services, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

Chowbus reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services and/or services offered on or through the Services (or any part thereof), including but not limited to the Services' features, look and feel, and functional elements and related services.

 

7. Your Content and Conduct

Acceptable Use

By accessing the Services, you agree:

  • to comply with all applicable laws regarding online conduct and submission of acceptable User Content;
  • not to use the Services or the services or submit content to the Services if you are under the age of 13;
  • not to use the Services to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
  • not to access the Services using a third-party's account/registration without the express consent of the account holder;
  • not to attempt, through any means, to gain unauthorized access to any part of the Services and/or any service, other account, computer system and/or network connected to any Chowbus server;
  • not to attempt to impersonate another user or person;
  • not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Chowbus;
  • not to deep-link to the Services and/or access the Services manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Services and/or any Materials and/or other content on the Services, unless Chowbus has given you specific permission to do so in writing;
  • not to conduct any kind of systematic retrieval of data or other content from the Services;
  • not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Service content;
  • not to use the Services in any manner that could damage, disable, overburden and/or impair any Chowbus server, or the network(s) connected to any Chowbus server, and/or interfere with any other party's use and enjoyment of the Services;
  • not to transmit any chain letters or junk email;
  • not to use any information obtained from the Services or the Chowbus services in order to contact, advertise to, solicit, or sell to any user or restaurant;
  • not to sell or transfer your profile;
  • not to use the Services to engage in commercial activities apart from sanctioned use of Chowbus services;
  • not to use the Services as part of an effort to compete with Chowbus, the Services, or the Chowbus services for a period of two (2) years following your last use of the Service, within a radius of 50 miles from any location from which you accessed the Services;
  • not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
  • not to license, sell and/or otherwise provide access to and/or use of the Services to any third party, including without limitation to build a competitive product and/or service;
  • not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Services;
  • not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
  • not to harass, annoy, intimidate or threaten any Chowbus employees or agents engaged in providing any portion of Chowbus's services;
  • not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services or Chowbus's services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
  • not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Services or Chowbus's services;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files;
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Services, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Services or affiliated or linked sites (including those of our restaurant partners); and
  • not to use the Services for any illegal purposes.

 

You agree that the consequences of commercial use or re-publication of User Content or Materials from the Services or other violations of the foregoing may be irreparable and monetary compensation may not be a sufficient or appropriate remedy. Accordingly, Chowbus will be entitled to seek, without being required to post any bond, temporary and permanent injunctive relief against such activities.

 

Content You Provide

Chowbus may provide you with interactive opportunities on the Services, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants (collectively, “Interactive Areas”). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Services (“User Content”).

 

Use of Your Content

You grant Chowbus an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with Chowbus's business and in all forms of media now known or hereafter invented (collectively, the “Uses”), without notification to and/or approval by you. You further grant Chowbus a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a Chowbus diner, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you.

You may provide, or Chowbus may request, input or feedback regarding the Services, including, without limitation, comments or suggestions regarding the possible creation, modification, correction, improvement or enhancement of a portion of the Services or another Chowbus site, service or product (“Feedback”). You hereby assign to Chowbus all right, title and interest in and to such Feedback. Chowbus will be entitled to use Feedback for any purpose without restriction or remuneration of any kind.

User Content transmitted to certain parts of the Services, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Services, including without limitation in a compilation format, and as such will be publicly visible and accessible. Chowbus and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to User Content.

 

Conduct within Interactive Areas

By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Services. Chowbus encourages civility and discourages disruptive communication on the Services. It also discourages communications that incite others to violate its standards. Chowbus expects your cooperation in upholding these standards. You are responsible for all of your User Content. You agree not to provide any User Content that:

  • is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically and/or otherwise objectionable;
  • has a commercial, political or religious purpose;
  • is false, misleading and/or not written in good faith;
  • infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
  • is illegal and/or promotes illegal activity;
  • contains unauthorized advertising and/or solicits users to a business other than those on the Services; and/or
  • is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Services or other websites.

 

Chowbus may monitor any and all use of the Services but is under no obligation to do so. Chowbus may manage the Services in a manner intended to protect its property and rights and to facilitate the proper functioning of the Services. If any User Content is otherwise inappropriate, in Chowbus’s sole judgment, Chowbus may change, delete or remove, in part or in full, any such User Content or Materials; and Chowbus further reserves the right to terminate or suspend access to any Interactive Areas or any Services. Chowbus will cooperate with local, state and/or federal authorities to the extent permitted by applicable law.

 

Ratings and Reviews

The Services may allow you to rate and post reviews of restaurants and other businesses (“Ratings and Reviews”). Such Ratings and Reviews are considered User Content and are governed by these Terms, including, without limitation, your agreement regarding your use of Interactive Areas and the Services' standards of conduct. Ratings and Reviews are not endorsed by Chowbus, and do not represent the views of Chowbus or of any affiliate or partner of Chowbus. Chowbus does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the restaurant; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants' products, services or conduct; and (4) your review must otherwise comply with these Terms. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Services may be removed or excluded by us without notice.

 

8. Text Alerts

Diners placing orders will receive text message alerts about each order placed on the Services. Standard data and message rates may apply for text message alerts. Please contact your mobile phone carrier for details. If you require assistance, you can call our customer care team at 3126479155.

 

9. DISCLAIMER

THE SERVICES, THE MATERIALS AND ALL OTHER CONTENT ON THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO THE MATERIALS AND ALL OTHER CONTENT ON THE SERVICES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHOWBUS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SERVICES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SERVICES, THE MATERIALS AND/OR OTHER CONTENT ON THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. CHOWBUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE SERVICES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT CHOWBUS) ASSUME THE ENTIRE COST OF RELATING TO YOUR USE OF THE SERVICES, THE MATERIALS AND/OR OTHER CONTENT ON THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

 

10. LIMITATION OF LIABILITY

CHOWBUS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF CHOWBUS, EVEN IF CHOWBUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHOWBUS ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL CHOWBUS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO CHOWBUS OR A CHOWBUS RESTAURANT, IF ANY, OR (B) $1000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU AND CHOWBUS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND CHOWBUS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

 

IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

 

11. Third Party Links

The Services may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Chowbus does not review, monitor, operate or control the Third Party Websites and Chowbus makes no guarantees, representations or warranties as to, and shall have no liability for, the content available on or through the functioning of the Third Party Websites. By providing access to Third Party Websites, Chowbus is not recommending or otherwise endorsing the products or services provided by or through those websites. Your access or use of the Third Party Websites, including providing information, materials or other content to the Third Party Websites, is entirely at your own risk. Chowbus reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

 

12. Additional Terms

 

Your use of the Services is subject to any and all additional terms, policies, rules or guidelines applicable to Chowbus's services, such as certain features of the Services that we may post or link to on the Services (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Services. All such Additional Terms are hereby incorporated into these Terms by reference. Merely by way of example, the Chowbus Driver Agreement shall be considered Additional Terms.

 

13. Copyright Policy

If you believe content posted on the Services infringes your copyright rights, please provide the Chowbus Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location of the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Correspondence to our Copyright Agent regarding notice of claims of copyright infringement should be addressed to: Chowbus, 1132 S Wabash Ave Unit 607, Chicago, IL 60605, Attention: Copyright Enforcement.

 

14. Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Illinois residents to assert claims under Illinois law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Illinois law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Illinois law to you if you do not otherwise reside in Illinois. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.

 

15. Notice

Chowbus may give notice by means of a general notice on the Services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Chowbus, with such notice deemed given when received by Chowbus, at any time by email to: hello@Chowbus.com.

 

16. Other Provisions

You may not assign these Terms without Chowbus’s prior written approval. Chowbus may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Chowbus’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Chowbus or any third party as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Chowbus’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Chowbus in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.