We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at [email protected] You acknowledge and agree that all Feedback will be the sole and exclusive property of us and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
By registering or placing an order with us, you are consenting to receive E-mails from us or the Restaurant regarding your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial E-mail from us. If you do not wish to receive commercial E-mail from us, you may remove your name from the E-mail list by contacting us. SMS. By registering or placing an order with us, you are consenting to receive SMS messages from us or on behalf of the Restaurant regarding your order. Additionally, by registering or placing an order with us, you are consenting to receive transactional and commercial SMS messages from us. If you do not wish to receive SMS messages, you can unsubscribe at any time. To unsubscribe, respond ‘STOP’ to the received text. 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 support team at 888-974-9928 or by email at [email protected]
Our mobile application operates on an application linked to a particular mobile device and operating system. Upon downloading our mobile application, you will have the option to opt in to receive push notifications from us on your mobile device. Such notifications may include promotional communications, offers, and transactional messages pushed to your device or within the app. You may choose to turn off such push and in-app notifications by changing your settings on your mobile device or through the settings in the mobile application.
i. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
ii. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
iii. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
iv. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
v. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
vi. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
vii. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
902 Broadway, 19th Floor New York, NY 10010
May 4, 2020.