Term of Use | Order Food Online Texarkana

Version Date: 07/01/2018

TERMS OF USE AGREEMENT
This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and TexarkanaEats.com, LLC and its affiliated companies (collectively, "TexarkanaEATS" or "we" or "us" or "our"), concerning your access to and use of the www.TexarkanaEats.com website as well as any other media form or media channel related or connected thereto (collectively, the "Website" and “Mobile Application”). The Website and mobile Aplication allows restaurants ("Restaurants") to market and offer for sale meals for delivery and/or pick up and customers to search for and purchase such meals ("TexarkanaEATS Services").

The TexarkanaEATS Services are hosted in the United States.

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

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT TEXARKANAEATS MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE TEXARKANAEATS SERVICES OR THE WEBSITE AND MOBILE APPLICATION.
THE SECTION BELOW ENTITLED “DISPUTES” CONTAINS AN AGREEMENT TO RESOLVE DISPUTES IN BINDING ARBITRATION AND TO WAIVE YOUR PARTICIPATION IN CLASS ACTION CLAIMS. PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.

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

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

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

COMMUNICATION
You agree that we may contact you by phone, e-mail, or text message, according to the terms of our Privacy Policy available on the Website. Standard data and message rates may apply to these communications. Please contact your mobile phone carrier for details.

REFUND POLICY
TexarkanaEATS takes customer satisfaction very seriously. In the case of problems with your food order, please contact the Restaurant directly. If you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact TexarkanaEATS and we will try to assist you. In appropriate cases, if you have already been billed by TexarkanaEATS, TexarkanaEATS will issue full or partial refunds in 48 hrs. For example: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction. If you were billed by TexarkanaEAST.com, TexarkanaEATS.com will provide a full or partial refund if, for example, you did not receive your food order, or part of your order, on a case to case basis.

GIFT CARDS
If at any time, TexarkanaEATS offers gift cards, the following terms shall apply: (1) gift cards cannot be combined with cash, (2) gift cards are redeemable only with online payments; (3) gift cards are not redeemable for cash, (4) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent of the remaining gift card balance appears in TexarkanaEATS's records, (5) gift cards are not a credit or debit card, (6) there are no expiration dates and no fees for purchased gift cards, and (7) expiration dates or other terms may apply to promotional or service credit gift cards not purchased directly by a consumer.

PROMOTIONAL OFFERS AND DISCOUNTS
Any promotional offer, price, discount, coupon, or similar opportunity offered by us to you or other persons from time to time will be subject to the terms, conditions, and expiration dates presented with that offer.

REFERRAL CREDIT
Referral credit can be canceled at any time at the sole discretion of TexarkanaEATS. Referral codes at not permitted to be placed on any deal or coupon websites or apps.

TexarkanaEATS Unlimited
TexarkanaEATS Unlimited is an optional subscription-based delivery membership, available to eligible customers upon invitation only that offers unlimited free deliveries of food ordered and purchased from Restaurants through the Services in exchange for a single monthly fee. If you enroll in TexarkanaEATS Unlimited, you will pay no delivery fees on your food purchases for as long as your membership continues.
If you subscribe to TexarkanaEATS Unlimited, the following additional terms will apply to your membership, for as long as it continues:

Monthly Membership Period
TexarkanaEATS Unlimited is a monthly membership that begins on the date on which an eligible customer accepts the invitation and subscribes as a “Member.” After the end of that month, the membership will continue for another full calendar month and will then automatically renew (as explained below) for subsequent calendar months. In this Agreement, “Membership Period” refers to each calendar month during which a Member remains subscribed.

Membership Fees
The monthly fee for each Membership Period is and it will be an individual membership not transferable $99.99 per one person one delivery daily, $159.99 per one person two deliveries daily. There will be the option of paying 3 months in advance and getting 1 additional month for Free. Once the membership is active the “Member” will received a special unique code to enter at the time of the checkout, “Member” is responsible for the unique code and is and it can be used by the “Member” Only. We may change the fee charged for TexarkanaEATS Unlimited at any time, but any change will not apply to current Unlimited Members until such time as the current Membership Period ends and is renewed for another Membership Period. We will charge the monthly fee to the payment method that you have provided to us and authorized for payment of your orders via the Services.

Automatic Renewal
We know you have a lot to keep track of besides the opportunity to order delicious food with free delivery. Therefore, BY DEFAULT, YOUR TEXARKANAEATS UNLIMITED MEMBERSHIP WILL AUTOMATICALLY RENEW FOR ANOTHER CALENDAR MONTH AT THE END OF EACH MEMBERSHIP PERIOD, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL.

Changes to Terms and Conditions
We may change other terms or conditions applicable to TexarkanaEATS Unlimited from time to time in our sole discretion. All TexarkanaEATS Unlimited memberships will immediately be subject to any changes and updates to the terms and conditions, whether or not a Member has actually received a notice of the changes.

Cancellation
You must cancel your membership before it renews to avoid billing of the next periodic membership fees to your account. If you cancel your membership, you will be able to continue receiving free deliveries for the remainder of the Membership Period in which you cancelled. If you need assistance with cancelling your membership, you can send us an email at support@texarkanaeats.com.

Other Terms
Your TexarkanaEATS Unlimited membership cannot be transferred or assigned. TexarkanaEATS reserves the right to accept, refuse, or cancel your TexarkanaEATS Unlimited membership at any time in its sole discretion. TexarkanaEATS has the right to terminate the monthly membership at any time if we feel that the “Member” missuses their personal code. If TexarkanaEATS cancels your TexarkanaEATS Unlimited membership, you may receive a partial refund of your membership fee on a pro-rata basis calculated from the end of the Membership Period during which your membership was cancelled.

VIP Rewards Points Program
Certain corporate customers may be eligible to participate in TexarkanaEATS’s VIP Rewards Program (“Rewards Program”) and earn Rewards Points (“Points”) in connection with your use of the Services. Participation in the Rewards Program is at the sole discretion of TexarkanaEATS. Participants earn Points by placing orders on texarkanaeats.com. Points are earned at 3% of each food order. For example, if you order $100 worth of food, participants would earn 3 Points, with each point worth $1. Once a participant earns 30 or more Points, Points can be redeemed for Amazon gift cards. Points cannot be redeemed or exchanged for real money or used in any other way outside of the Services. Points will expire after three months of inactivity on your account. Points will expire 6 months from the date they are earned. Points are only redeemable when a

Member’s account is current.

TexarkanaEATS may amend, modify, restrict, or eliminate the Rewards Program and Points in its sole and absolute discretion at any time and without notice to you. TexarkanaEATS does not have any liability or obligation to you in connection with its right to operate the Rewards Program in its sole discretion. Rewards Program is only available to residents of the United States.

USER REPRESENTATIONS

- General

By using the TexarkanaEATS Services, you represent and warrant that:
a.   all registration information you submit is truthful and accurate;
b.   you will maintain the accuracy of such information;
c.   you will keep your password confidential and will be responsible for all use of your password and account;
d.   you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
e.   your use of the TexarkanaEATS Services does not violate any applicable law or regulation.

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

a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
b. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by TexarkanaEATS;
c. systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from TexarkanaEATS;
d. making any unauthorized use of the TexarkanaEATS Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
e. engaging in unauthorized framing of or linking to the Website;
f. transmitting chain letters or junk email to other users;
g. using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
h. engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
i. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
j. attempting to impersonate another user or person;
k. using the username of another user;
l. selling or otherwise transferring your profile;
m. using any information obtained from the Website in order to harass, abuse, or harm another person;
n. using the TexarkanaEATS Service as part of any effort to compete with TexarkanaEATS or to provide services as a service bureau;
o. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
p. attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
q. harassing, annoying, intimidating or threatening any TexarkanaEATS employees or agents engaged in providing any portion of the TexarkanaEATS Services to you;
r. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
s. deleting the copyright or other proprietary rights notice from any Contribution or TexarkanaEATS Content; and
t. Using the Website in a manner inconsistent with any and all applicable laws and regulations.

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

THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the TexarkanaEATS Service) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and TexarkanaEATS takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT
TexarkanaEATS reserves the right but does not have the obligation to:

a. monitor the Website for violations of this Agreement;
b. take appropriate legal action against anyone who, in TexarkanaEATS 's sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
c. in TexarkanaEATS 's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate this Agreement or any TexarkanaEATS policy;
d. in TexarkanaEATS 's sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to TexarkanaEATS's systems;
e. terminate the accounts of repeat infringers; and
f. Otherwise manage the Website in a manner designed to protect the rights and property of TexarkanaEATS and others and to facilitate the proper functioning of the Website.

PRIVACY
We care about the privacy of our users. Please review the TexarkanaEATS Privacy Policy. By using the Website or the TexarkanaEATS Services, you are consenting to the terms of the Privacy Policy and consenting to have your personal data transferred to and processed in the United States. You are further consenting to have your personal data, including any data relating to your use of the Services or relationship with us, collected and used for any purpose in accordance with the Privacy Policy by means of any data analytics service or tool selected by us.

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

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, TEXARKANAEATS RESERVES THE RIGHT TO, IN TEXARKANAEATS'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE TEXARKANAEATS SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND TEXARKANAEATS MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, MOBILE APPLICATION AND THE TEXARKANAEATS SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN TEXARKANAEATS'S SOLE DISCRETION.

In order to protect the integrity of the Website and TexarkanaEATS Services, TexarkanaEATS reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Mobile Application TexarkanaEATS Services. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

MODIFICATIONS

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

GLITCHES CAN HAPPEN
TexarkanaEATS Company’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Company’s privacy policy or as otherwise required by applicable law, the Company is not responsible for any delays, delivery failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or delivery of advertisements, if applicable. In addition, You must provide and are responsible for all equipment necessary to access the Dudes in any medium or via any service.

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

DISPUTES

Between Users

If there is a dispute between users of the Website, or between users and any third party, you understand and agree that TexarkanaEATS is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TexarkanaEATS, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the TexarkanaEATS Services.

With TexarkanaEATS
You agree that all disputes between you and us will be resolved by binding arbitration as provided for in this provision entitled “Disputes.”
THIS ARBITRATION PROVISION IS MEANT TO HELP RESOLVE DISPUTES BETWEEN YOU AND US. IT DICTATES THAT ALL DISPUTES CONNECTED TO THIS CONTRACT WILL BE RESOLVED BY BINDING ARBITRATION. PLEASE READ THIS CAREFULLY.

Binding Arbitration
Arbitration is a form of private dispute resolution in which people waive their rights to:

•   File a lawsuit.
•   Proceed in court.
•   Have a trial by jury.

Instead, people submit disputes to a neutral third party (“arbitrator”) for a binding decision. Unless noted otherwise, entering into this Agreement waives your right to litigate claims (sue) and be heard by a judge or jury. Without this provision, you and we may otherwise have a right or opportunity to:

• Bring claims in a court, before a judge or jury; and/or
• Participate or be represented in a case filed in court by others (including, but not limited to, class actions).

You have the right to opt out of this provision by giving us written notice within 30 days after becoming subject to this Agreement. If we don’t receive written notice during that time, you cannot opt out and agree that provisions here apply.
In this provision, “you” and “us” includes the employees, parents, subsidiaries, affiliates, beneficiaries, agents, and assigns of you and us.
This provision applies to each and every claim, dispute, or controversy related in any way to:

•   This Agreement.
•   This provision (including claims about the applicability, enforceability, or validity of this provision).
•   Any and all use of the Website and mobile application or TexarkanaEATS Services by you.
•   Any other aspect of our relationship.

Neither you nor we have the right to litigate any claim in court or the right to a jury trial on any claim, except as consistent with this Agreement. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT YOU MAY HAVE TO GO TO COURT, HAVE A JURY TRIAL, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS. IN ADDITION, NEITHER YOU NOR WE MAY SERVE AS A REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. ALSO, NEITHER YOU NOR WE MAY PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS.

All claims will be resolved individually by binding arbitration on an individual basis. Claims made and remedies sought as part of a class action, private attorney general, or other representative actions are subject to arbitration on an individual (non-class, non-representative) basis. The arbitrator cannot conduct class-wide proceedings. THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS BASIS. YOU CANNOT COMBINE OR JOIN ANY OF YOUR CLAIMS WITH ANY OTHER CLAIMS. YOU AGREE THAT YOU ARE VOLUNTARILY AND KNOWINGLY WAIVING ANY RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

Governing Law
We agree that this agreement to arbitrate is made in connection with a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as it may be amended. If the Federal Arbitration Act does not apply, the substantive law of the State of Texas will govern this provision and any legal action arising out of or related in any respect to this Website and Mobile Application or the TexarkanaEATS Services shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Hennepin County, Minnesota; subject, however, to the right of TexarkanaEATS, at TexarkanaEATS's sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user.

Location, Procedures, and Authority
Any arbitration hearing that you want to attend will be held in the federal judicial district that includes your billing address at the time the claim is filed. The party filing the claim may file it at:

• The American Arbitration Association (AAA). Or,
• An arbitration organization mutually agreed to by both parties.

The organization selected will run the arbitration following its procedures in effect at the time of filing, subject to this provision. If you do not agree to file your claim with AAA, and parties cannot agree on another arbitration organization, one will be appointed by a court following the Federal Arbitration Act. If the organization’s rules and this provision conflict, this provision will govern. The arbitration will be held before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceeding. Any decision made then will be final and binding on the parties. Judgment may be entered in a court of competent jurisdiction. AAA rules and forms may be obtained at:

American Arbitration Association
335 Madison Avenue, Floor 10
New York, NY 10017
website at
www.adr.org (1-800-778-7879)

The arbitrator will:

•   Apply relevant substantive law that is consistent with the Federal Arbitration Act.
•   Apply statutes of limitation.
•   Honor claims of privilege recognized at law.

The arbitrator can award the winning party all remedies available at common law, by statute or in equity but we agree the arbitrator cannot award any punitive damages, except to the extent such damages would be available in litigation.

Expenses
We will pay all arbitration expenses, including filing, administrative, hearing, and arbitration fees, to the extent that they are more than you would have to pay to file a lawsuit in court. Throughout the arbitration, each party will pay his or her own attorney fees and expenses (such as expert witness fees). If you win in the arbitration of any claim against us, we’ll reimburse you for any fees you paid to the arbitration organization related to the arbitration. However, you agree to promptly reimburse us for all fees paid on your behalf plus the sum of $5,000 Dollars (Five Thousand Dollars 00/100 cents USD) if the arbitrator finds that either the substance of your claim (or the relief sought) was frivolous or was brought for an improper purpose.

Binding Effect, Survival, and Severability
Except as noted above, the arbitrator’s decision will be final and binding on all parties subject to this provision—you, us, and heirs, successors, assigns, and related third parties of you and us. This provision will survive termination of your use of the Website and mobile application or TexarkanaEATS Services. If any part of this provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, that finding will not cancel any remaining part of this provision, the contract, or any other agreement between you and us. However, class arbitration prohibition is not severable from the rest of this provision. If a court deems class arbitration prohibition invalid and unenforceable, any later class action or representative proceeding will be in a court of law and not subject to binding arbitration.

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

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

YOU AGREE THAT YOUR USE OF THE WEBSITE AND TEXARKANAEATS SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEXARKANAEATS, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND TEXARKANAEATS SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TEXARKANAEATS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND TEXARKANAEATS SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, EMAIL, MOBILE APPLICATION BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TEXARKANAEATS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TEXARKANAEATS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY
IN NO EVENT SHALL TEXARKANAEATS OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND MOBILE APPLICATION OR TEXARKANAEATS SERVICES, EVEN IF TEXARKANAEATS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TEXARKANAEATS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TEXARKANAEATS FOR TEXARKANAEATS SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY
You agree to defend, indemnify and hold TexarkanaEATS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of your Contributions, use of TexarkanaEATS Services, including, without limitation use in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, TexarkanaEATS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify TexarkanaEATS, and you agree to cooperate, at your expense, with TexarkanaEATS's defense of such claims. TexarkanaEATS will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

SWEEPSTAKES
From time to time, TexarkanaEATS may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.

NOTICES
Except as explicitly stated otherwise, any notices given to TexarkanaEATS shall be given by email to Support@TexarkanaEats.com. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.

U.S. EXPORT CONTROLS
Software from this Website and mobile application and/or third party used is further subject to United States export controls. No software may be downloaded from the Website and the use of the mobile application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MISCELLANEOUS
This Agreement constitutes the entire agreement between you and TexarkanaEATS regarding the use of TexarkanaEATS Services. The failure of TexarkanaEATS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. TexarkanaEATS may assign any or all of its rights and obligations to others at any time. TexarkanaEATS shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond TexarkanaEATS's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

CONTACT US
In order to resolve a complaint regarding TexarkanaEATS Services or to receive further information regarding use of TexarkanaEATS Services, please contact TexarkanaEATS as set forth below.

TexarkanaEats.com, LLC
2019A Richmond Road Suite 388, Texarkana, Texas. 75503
Fax: 903-306-2127
Email: support@TexarkanaEats.com
Phone: 903-308-0860

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY

GLITCHES CAN HAPPEN

TexarkanaEATS Company’s

Notifications

TexarkanaEATS respects the intellectual property of others, and We ask all of our users to do the same. If you believe that content available on or through the Website infringes one or more of your copyrights, or work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement please immediately notify our Copyright Agent by mail, email or faxed notice ("Notification") providing the information described below, which Notification is pursuant to Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringes in appropriate circumstances.

All Notifications should include the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
d. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications should be sent to our Copyright Agent as follows:

Copyright Agent
TexarkanaEats.com, LLC
2019A Richmond Road Suite 388, Texarkana, Texas. 75503
Fax: 903-306-2127
Email: support@TexarkanaEats.com
Phone: 903-308-0860

We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification
If you believe your own copyrighted material has been removed from the Website and/or Company Service as a result of mistake or misidentification, you may submit a written counter notification ("Counter Notification") to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

a. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
b. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the Company is located.
c. A statement that you will accept service of process from the party that filed the Notification or the party's agent.
d. Your name, address and telephone number.
e. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
f. Your physical or electronic signature.

You may submit your Counter Notification to our Copyright Agent by fax, mail, or email as set forth above. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

DRIVERS APPLICANTS
If You are or have ever been a Delivery Dudes driver or contractor, these Terms of Use incorporate by reference Your TEXARKANAEATS RUNNNER Driver Agreement with the same force and effect as if set forth herein, and thus constitutes part of this agreement.

RESTAURANT PARTNERSHIPS

If You are or ever have been a restaurant, merchant or other Delivery partner, these Terms of Use incorporate by reference Your Partnership Agreement and/or Collaborative Agreement with the same force and effect as if set forth herein, and thus constitutes part of this agreement. Restaurants that Texarkana Delivery has partnered with are deemed “Partnered Restaurants” for purposes of this Agreement; Delivery TexarkanaEATS’ relationship with any Partnered Restaurants is pursuant to a separate agreement and may be changed without notice to our customers.

A.K.A RUNNERS

terms of use