Terms & Conditions
These Terms provide important information to you, including our disclaimers of warranties and liability. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.
We encourage you to review this Agreement carefully. Any use of the Site will be governed by the Agreement. If you do not agree to any of the Terms, you should stop using the Site immediately. These Terms apply to this Site, only. OneDine’s App contains its own Terms of Service which are applicable to our App and our Services.
1. Our Content.
Content on this Site that is provided by OneDine or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“OneDine Content”) is the property of OneDine and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this Site should be construed as granting any license or right to download or use any OneDine Content.
You agree not to download, display or use any OneDine Content located on the Site for any commercial or non-commercial purpose, in connection with products or services that are not those of OneDine, in any other manner that is likely to cause confusion among consumers, that disparages or discredits OneDine and/or its licensors, that dilutes the strength of OneDine’s or its licensor’s property, or that otherwise infringes OneDine’s or its licensors intellectual property rights. You further agree to in no other way misuse any OneDine Content that appears on this Site.
2. Reporting Violations of this Agreement, or Applicable Laws.
If you believe that content on the Site violates this Agreement or any law, please contact us at firstname.lastname@example.org. We have no obligation to delete content that you personally may find objectionable or offensive. We try to respond promptly to requests for content removal, consistent with our policies and applicable law.
The Site may provide, or third parties may provide, links to third party websites or resources. OneDine has no control over such sites and resources. You acknowledge and agree that OneDine is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
4. Disclaimers and Limitation of Liability.
Please read this section carefully since it limits our liability to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ONEDINE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR HANDHELD DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO RECOMMENDATIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONEDINE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- ONEDINE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONEDINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY OTHER MATTER RELATING TO THE SITE OR ONEDINE’S SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
To the fullest extent permitted by law, you agree to indemnify and hold OneDine, its directors, officers, shareholders, parents, affiliates, agents, and licensors harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of (i) the information you submit, including, but not limited to, liability for violations of copyrights, trademark rights, trade secret rights, or any other intellectual property rights, or the privacy or publicity rights of others, or liability for information or material you provide that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to any other person or entity, or is fraudulent or deceptive, (ii) your use or unauthorized copying of the Site or any of its content, or (iii) your violation of these TOS or any applicable laws or regulations.
OneDine and the OneDine logo are trademarks of OneDine. The names of restaurants and food items may be the trademarks of their respective owners. No endorsement should be inferred.
These TOS is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us and/or by posting notice of the changes on this Site. These changes will be effective immediately. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
8. Choice of Law
The TOS and the relationship between you and OneDine shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.
9. Dispute Resolution
If you have a dispute with OneDine, you agree to contact us through email@example.com to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that relates to the Site or OneDine’s Services.
- Binding Arbitration. You and OneDine agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Site (collectively “Disputes“) will be settled by binding arbitration, except that each party retains 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. This means that you and OneDine both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against OneDine in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
- Class Action Waiver. You and OneDine agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you and OneDine both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and OneDine agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
- Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879).
- Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
- Arbitration Location and Procedure. Unless you and OneDine agree otherwise, the seat of the arbitration shall be in Dallas, Texas. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and OneDine submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to 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. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
- Arbitrator’s Decision and Governing Law. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
- Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.