Terms and Conditions
Last Updated: March 30, 2020
2. Accessing the Digital Services, and Account Security
We reserve the right to withdraw or amend the Digital Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, or the Digital Services to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Digital Services, and maintaining the accuracy of any information you submit to REEF in relation to your access and use of the Digital Services.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Digital Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3. Electronic Communications and Text Messaging
When you use the Digital Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your voluntary provision to REEF of your cell phone number represents your consent that REEF may contact you by telephone, SMS, or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes. When you provide your phone number to REEF, you warrant that you are the current subscriber or authorized user of the relevant account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from REEF at any time. To revoke your consent to receiving SMS or MMS messages from REEF, you agree to follow the unsubscribe procedures described below.
When placing orders through the Digital Services, you may receive order status messages from REEF about each order. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message. To resubscribe, text "START" to the same number from the phone number associated with your account. If you need assistance, text "HELP". Please note that unsubscribing from one of the branded properties in our Digital Services will not automatically unsubscribe you from another separately branded property in our Digital Services. For example, if you unsubscribe from NBRHD order-related messages, you may still receive order-related messages when you place an order through other brands such as Stock Up Mart , unless you also unsubscribe from Stock Up Mart order-related messages.
Additionally, you may receive messages from REEF following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. To resubscribe, text "START" to the number sending the feedback messages using the phone number associated with your account. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from REEF, the Restaurant, or your delivery person regarding your order or its delivery unless you also text "STOP" to the number sending the order-related messages, and even in such event, you may still receive individual texts from the Restaurant or your delivery person to enable successful delivery of your order.
You may also receive text messages in response to certain Customer Care requests. To unsubscribe from Customer Care messages, just reply to the message by texting "STOP" to the number sending the message.
If you unsubscribe from receiving text messages from REEF through the process described above, you may continue to receive text messages for a short period while REEF processes your request(s). If you change or deactivate the phone number you provided to REEF, you have an affirmative obligation to immediately update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive REEF's standard SMS or MMS messages unless you also unsubscribe via the above procedures.
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.
4. Intellectual and other Property Rights
The Digital Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by REEF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Digital Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Digital Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Digital Services or any data or materials available to you in the Digital Services.
The REEF name and all related names, logos, product and service names, designs, and slogans are trademarks of REEF or its affiliates or licensors. You must not use such marks without the prior written permission of REEF. All other names, logos, product and service names, designs, and slogans on the Digital Services are the trademarks of their respective owners.
6. Prohibited Uses
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate REEF, a REEF employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Digital Services, or which, as determined by us, may harm the REEF or users of the Digital Services, or expose them to liability.
Additionally, you agree, directly or indirectly on your own or through a third party, not to:
- Use the Digital Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Digital Services, including their ability to engage in real time activities through the Digital Services.
- Deep-link to the Digital Services or access the Digital Services manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the Digital Services or any content on the Digital Services
- Conduct any systematic retrieval of data or other content from the Digital Services.
- Use any device, software, or routine that interferes with the proper working of the Digital Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Digital Services, the server on which the Digital Services are stored, or any server, computer, or database connected to the Digital Services.
- Attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Digital Services.
7. User Contributions
The Digital Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Digital Services.
Any User Contribution you post to the Digital Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Digital Services, you grant us and our affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not REEF, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Digital Services.
8. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Digital Services.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Digital Services. YOU WAIVE AND HOLD HARMLESS REEF (AND ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS), LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THEM DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER REEF OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Digital Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10. Ratings and Reviews
11. Reliance on Information Posted
The information presented on or through the Digital Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Information relating to food or beverages should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user or visitor to the Digital Services, or by anyone who may be informed of any of its contents. This Digital Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by REEF, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of REEF. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
12. Changes to the Digital Services
We may update the content on the Digital Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Digital Services may be out of date at any given time, and we are under no obligation to update such material.
13. Changes to the Digital Services
14. Linking to the Websites and Social Media Features
You may link to our Website homepages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Digital Services may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Digital Services
- Send emails or other communications with certain content, or links to certain content, on the Digital Services.
- Cause limited portions of content on the Digital Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Digital Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Websites other than the homepages.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
15. Links from the Digital Services
If the Digital Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Digital Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
16. Geographic Restrictions
The owner of the Digital Services is based in the United States. We provide the Digital Services for use only by persons located in the United States and Canada. We make no claims that the Digital Services or any of their content is accessible or appropriate outside of the United States or Canada. Access to the Digital Services may not be legal by certain persons or in certain countries. If you access the Digital Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
17. Notice for California Users
The provider of Services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
18. Notice Regarding Apple
This Section only applies to the extent you are using the Apps on an iOS device. You acknowledge that these Terms are between you and REEF only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Digital Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Digital Services. If the Digital Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Digital Services. Apple is not responsible for addressing any claims by you or any third party relating to the Digital Services or your possession and/or use of the Digital Services, including: (A) product liability claims; (B) any claim that the Digital Services fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Digital Services and/or your possession and use of the Digital Services infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Digital Services. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have a dispute with one or more users of the Digital Services (including partners), you release REEF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors and agents, from any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees), actual and consequential, of every kind and nature, known and unknown, arising out of or relating to such disputes. In entering into this Release, you expressly waive any and all protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this Release to include only those claims which you may know or suspect to exist in your favor at the time you agree to this Release. Accordingly, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
20. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Digital Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIGITAL SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE DIGITAL SERVICES AND THEIR CONTENT IS AT YOUR OWN RISK. THE DIGITAL SERVICES AND THEIR CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER REEF NOR ANY PERSON ASSOCIATED WITH REEF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE DIGITAL SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER REEF NOR ANYONE ASSOCIATED WITH REEF REPRESENTS OR WARRANTS THAT THE DIGITAL SERVICES AND THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THE DIGITAL SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE DIGITAL SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, REEF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL REEF, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE DIGITAL SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
23. Governing Law and Jurisdiction
24. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND REEF CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND REEF TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
Claims Not Covered by Arbitration, Jurisdiction, and Venue. The Covered Claims do not include (and thus shall not require arbitration of) the following types of claims that will hereafter be referred to as "Excluded Claims": (a) any claims that cannot be required to be arbitrated as a matter of law (including but not limited to claims by California residents under the California Private Attorney General Act of 2004 ("PAGA"), to the extent exclusion from arbitration is required by California law, and claims or charges that must be filed with a governmental administrative agency); (b) applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including but not limited to those relating to actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and (c) small claims actions demanding $10,000 or less brought on an individual basis and within a small claims court's jurisdiction.
In the event you or REEF chooses to pursue arbitration of both Covered Claims and Excluded Claims and the other party objects, the Covered Claims must be arbitrated. In no event will Covered Claims be joined with Excluded Claims and litigated in court unless both parties agree to waive arbitration.
- Arbitrability Determinations. If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of the this Arbitration and Class Action Waiver Section. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver Section for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver Section, including the Class Action Waiver.
- Arbitration Rules, Procedures, and Costs. To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the representatives of the other party. You and REEF agree that the arbitration shall be administered by JAMS before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by JAMS. Except to the extent that they are modified by the rules below, if you are an individual person, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply. Except to the extent that they are modified by the rules below, if you are not an individual person, but are an entity or company, the JAMS Streamlined Arbitration Rules & Procedures that are in effect at the time of the filing of the demand (and that are available at https://www.jamsadr.com/rules-streamlined-arbitration/) will apply.
The parties agree that the applicable JAMS rules are modified as follows:
- Any arbitrator must be neutral as to all parties. Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under New York law.
- No party is entitled to its attorneys' fees, except as may be awarded in a matter authorized by and consistent with applicable law.
- All discovery shall be subject to any and all objections available under FRCP 26(b). Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information ("ESI"). If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party. Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
- The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the Covered Claim(s).
- Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
- The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
- The Federal Rules of Evidence shall apply to all arbitration proceedings.
- For discovery purposes only, an arbitrator may consolidate claims filed by multiple individuals, each on their own behalf, in a single arbitration proceeding, or may conduct a joint hearing for efficiency purposes, so long as the arbitrator does not (a) certify (conditionally or otherwise) a collective, class, or representative action that includes individuals who have not themselves already submitted their own individual claims, or (b) authorize the issuance of notice of the arbitration to individuals on the grounds that the arbitrator or any party believes there are other individuals who are similarly situated to or share commonality with a party to the arbitration.
- The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator's determination and the legal basis therefor.
- The arbitrator's authority shall be limited to deciding the case submitted by the parties to the arbitration. Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
- The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
If you initiate arbitration, you will pay the first $250, and REEF will pay all other filing, administrative, or hearing fees. If you are an individual person and REEF initiates arbitration, REEF will pay all filing, administrative, and hearing fees. Regardless of which party initiates arbitration, you will remain responsible for your attorneys' fees and costs unless the law governing the Covered Claim provides for an award of attorneys' fees and costs and the arbitrator determines as part of the arbitration award that you may recover a certain amount of attorneys' fees and costs.
If any term or condition in this Arbitration and Class Action Waiver Section is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver Section shall not be affected. Provided, however, that if the Class Action Waiver is found to be unenforceable, then any claim brought on a class, collective, or representative action basis shall be adjudicated exclusively in the state and federal courts located in the City of New York and County of New York, New York, which shall be the exclusive forum for such claims. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
25. Limitation on Time to File Claims
26. Waiver and Severability
27. Entire Agreement
28. Alcoholic Beverages Policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. Upon delivery or pickup, as applicable, you must present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. The delivery provider may electronically scan the identification card of the individual receiving the order to confirm that the recipient is at least 21 years of age and the delivery may be completed. If they cannot verify your age or identity, if you appear intoxicated, or if the situation is otherwise appears unsafe or inappropriate (for example, you are 25 but appear to be in the company of 18 year olds), they may refuse to deliver the alcohol. Alcohol cannot be left unattended - someone 21 or older must be present to accept and sign for it. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, you may forfeit the cost of such beverages, and you may be responsible for restocking fees.
29. Additional Terms Applicable to Special REEF Digital Services
- Logistics Waitlist Digital Services. Any use of the REEF logistics waitlist Digital Services ("REEF Logistics Waitlist Digital Services"), including REEF Q, is subject to the following additional terms:
- General. You understand that certain REEF Logistics Waitlist Digital Services, such as REEFQ and other logistics services, may be utilized by third parties to facilitate the scheduling or organization of medical appointments. You further understand and agree that through the REEF Logistics Waitlist Digital Services or otherwise, we do not provide medical services nor are we involved in your medical care. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE, AND YOU AGREE NOT TO HOLD REEF LIABLE, FOR ANY INJURY, LOSS OR DAMAGE THAT MAY RESULT IN CONNECTION WITH MEDICAL SERVICES OR ANY TREATMENT YOU RECEIVE FOLLOWING YOUR USE OF THE DIGITAL SERVICES, INCLUDING BUT NOT LIMITED TO THE REEF LOGISTICS WAITLIST DIGITAL SERVICES.
- Grocery and Meal Order and Delivery through Goodees. Any use of the REEF grocery and meal delivery services (available at https://goodees.co/) ("REEF Grocery Services") is subject to the following additional terms:
- General. Once you have placed an order for REEF Grocery Services, we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day you place your order. Title to and risk of loss for the goods purchased by you passes to you upon delivery of the items to the delivery partner. Pricing for REEF Grocery Services and delivery charges may change from time to time at REEF's sole discretion, but pricing and delivery charges will not change after your order has been placed.
- Minimum Order. Deliveries may be subject to a minimum order value, which may change from time to time at REEF's sole discretion.
- Substitution Policy. If a good becomes unavailable when filling your order, REEF will contact you as soon as possible to try to substitute for a similar like good. If a similar like good is unavailable the order will be cancelled.
- Quantity Limitations. REEF may, for any reason in its sole discretion, limit the quantity of any particular good ordered. This may be for inventory control or other reasons. Product availability is subject to the inventory on hand and may vary geographically or change without notice. We reserve the right to source the goods from any of our facilities in any location (or the facilities of any of our affiliated companies or partners in any location).
- Delivery. REEF may use its own personal or third party partners for delivery of items ordered by you from the REEF Grocery Services. We will use reasonable efforts to deliver your goods within the time window you select, where available, or in the window provided to you when placing your order, but REEF does not guarantee that goods will be delivered on or by a certain date or time. REEF will not be liable for delivering the goods outside of the delivery time or failing to deliver all or any of the goods in your order. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend or delay delivery dates and times.
- Batching. In the event you place more than one order through different REEF Digital Services, REEF may, at its sole discretion, choose to deliver all orders at the same time or may choose to deliver them separately. If REEF chooses to deliver multiple orders at the same time, you will not be refunded for any delivery fees incurred for individual orders.
- Receipt of Delivery. You agree to provide accurate and thorough information related to the delivery location. REEF shall not be liable for delivery to the wrong location or unfulfilled deliveries as a result of you providing REEF with incomplete or inaccurate delivery information. Unattended deliveries may be made in REEF's sole discretion. If REEF elects unattended delivery, your order will be left unattended at your door or another similar location, or at another place designated by you where such ability for you to designate an alternative delivery location is available. REEF is not responsible, and you agree not to hold REEF liable in any way, for any damage, spoilage, or theft that occurs to an unattended delivery. We reserve the right to refuse to leave an order unattended if we consider the circumstances to be unsuitable or unsafe for any reason. Where delivery is made in-person, anyone who receives the delivery at the delivery address is conclusively presumed to be authorized to receive the delivery. Should REEF be unable to deliver your order for any reason, including finding nobody home at the time of our delivery or the unavailability or unsuitability of an unattended delivery location, you will have 24 hours to contact us at Talk2us@thoughtfulfeed.com regarding redelivery of your order, and you may be assessed a re-delivery fee if the order is redelivered. Your order is considered forfeited without refund after 24 hours from your delivery window if you have not contacted us to make alternate arrangements within that time frame.
- No Refunds. REEF does not offer refunds or credits for goods purchased and delivered. If items in your order were not delivered, or if delivered goods were defective, contact Talk2us@thoughtfulfeed.com, and please be prepared to show photographic evidence of such, if applicable.
- Gratuity. Gratuity is not automatically included in or added to orders. Gratuity can be given, at your discretion, in cash at the time your order is delivered.
- Product Information. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION, INCLUDING NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION YOU VIEW ON THE DIGITAL SERVICES AS ACCURATELY AND COMPLETELY AS POSSIBLE. HOWEVER, REEF DOES NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.
Additional Disclaimer & Allergy Information. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE THROUGH THE REEF GROCERY SERVICES. REEF SHALL NOT BE RESPONSIBLE FOR NOTIFYING YOU OF PRODUCT RECALLS FOR ITEMS YOU HAVE PURCHASED THROUGH THE DIGITAL SERVICES. YOUR USE OF THE REEF GROCERY SERVICES AND ITS GOODS IS AT YOUR OWN RISK. THE REEF GROCERY SERVICES AND ITS GOODS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "PRESENT CONDITION" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, REEF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND WHOLESOMENESS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE PREPARE, STORE, PORTION AND PACKAGE PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS. THE GOODS YOU RECEIVE MAY HAVE SOME OR ALL OF THE ALLERGENS LISTED. IF YOU HAVE AN ALLERGIC REACTION OR OTHER ADVERSE HEALTH EVENT, CONTACT YOUR HEALTH CARE PROVIDER IMMEDIATELY.
- Restaurant, Food, Beverage, and other Product Delivery through REEF brands such as NBRHD, including https://nbrhd.com/, are subject to the following additional terms.
General. REEF connects customers with third-party service providers, including local restaurants, (each a "Restaurant," collectively, the "Restaurants") and independent delivery service providers. You may order food to be delivered from particular restaurants, including their authorized licensees and franchisees, throughout the United States and other territories where REEF provides such Digital Services (collectively, the "Restaurants").
You understand that Restaurants and product providers may be owned or operated independently of REEF. Independently owned or operated Restaurants are solely responsible for aspects of their own operations. 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, without limitation, food preparation and safety and menu disclosure. REEF makes no representation or warranty regarding an independent Restaurant holding any applicable permit, license, registration, or other credential. REEF is not liable or responsible for independent Restaurants' food preparation or safety and does not verify their compliance with all applicable laws. REEF does not guarantee the quality of what the independent Restaurants sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third-party delivery service. Independent Restaurants each set their own cancellation and refund policies. REEF does not independently verify, and is not liable for, representations made by independent Restaurants regarding their food, including, without limitation, any menu- or Restaurant-level descriptors, disclosures, photographs or images displayed reflecting the food prepared by the Restaurants and/or delivered by REEF
- Payment Methods REEF enables you to make card-based purchases from REEF of goods and services provided by Restaurants and product providers by linking your REEF account to a debit or credit card issued in the United States. By linking a payment instrument to your REEF account, you represent to REEF that you are an authorized user of the payment instrument. You may change the payment instrument associated with your account at any time. You are responsible for ensuring that the payment instrument associated with your account is at all times current, non-expired, and valid for payments. By associating a payment instrument with your account, you consent to REEF temporarily authorizing a charge on that payment instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.
- Fees We reserve the right to charge fees, and any fees applicable to a purchase or payment transaction you make will be clearly disclosed to you prior to the completion of your purchase. Restaurants and product providers may charge you fees as well as taxes in addition to the price of the goods or services you purchase. You may also be permitted to provide a gratuity. By making a purchase through REEF, you agree to pay all such charges, including gratuities, fees, and taxes. All amounts to be charged to your payment method associated with your purchase will be displayed to you before you complete your Purchase.
- Promotions When you use REEF, you may be eligible for "Promotions" at checkout to receive discounts on purchases, subject to any terms and conditions displayed on the Site, the Apps, or related print, social media, or digital marketing materials. Promotions may not be redeemed for cash and are non-refundable and non-transferrable. REEF reserves the right to modify, suspend, terminate, or alter the terms of any promotion at any time. Promo Codes may not be reused in the event of a cancellation and/or refund.
- Payment Processing Payment processing may be provided by third-party payment processors, which may include Stripe Inc. ("Stripe"). Stripe uses your credit card to make payments. The processing of credit card charges or credits, as applicable, relating to your use of the Service will be subject to the STRIPE CONNECTED ACCOUNT AGREEMENT, which includes the STRIPE TERMS OF SERVICE (collectively, the "Stripe Services Agreement"). You hereby agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time as set forth therein. As a condition of REEF enabling payment processing services through Stripe, you agree to provide us with current, accurate, and complete information about you and your payment methods (billing address, credit card number, expiration date, etc.) and you authorize us to share it and transaction information related to your use of the payment processing services.
- Failed Transactions In the event that REEF is unable to successfully charge any linked payment instrument, we will notify you via email and/or in-App notification, and you will be unable to initiate further orders or transactions with your account. Upon REEF's notification to you of a failure, you agree to link a new, valid payment instrument within three business days. Your account may be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved. REEF is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by us. To the extent that REEF is unable to successfully charge any payment instrument linked to your account as payment for authorized transactions for more than 30 days, you understand and agree that REEF may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your account. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that REEF, or any agency or business employed by us, has the right to contact you via telephone, or email using the information you provided upon registration or during any contact with us, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.
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