The Site is owned and operated by 5 Loaves, LLC. Our restaurant network available on the Site and the 5 Loaves Apps is solely a facilitator of communications between the restaurant members and users. Unless expressly stated otherwise on the Site or the 5 Loaves Apps, the food and services featured on the Site and the 5 Loaves Apps are offered, provided, sold and delivered by the restaurant members, not us. We are in no way responsible for the quality of goods or services offered by the restaurant members. All questions regarding restaurant members’ products and/or services featured on the Site and the 5 Loaves Apps should be directed to the appropriate restaurant members.
PROMOTIONS; DISCOUNTS; SWEEPSTAKES
Promotions and discounts that may be made available from time to time on the Site, or the 5 Loaves Apps are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. 5 Loaves reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any promotions and discounts, in each case, in whole or in part, at any time without notice and for any or no reason.
PRICES; AVAILABILITIES; TAXES
The information contained on the Site and the 5 Loaves Apps regarding prices, specifications and availability of the products and services listed on the Site and the 5 Loaves Apps has been provided by restaurant members. Prices, specifications and availability of products or services may differ and are subject to change.
To calculate the total price of an order you placed on the Site or the 5 Loaves Apps, restaurant members use the information collected at the time you placed such order on the Site and/or the 5 Loaves Apps, as applicable, in each case, as evidenced by our systems. If the information you entered is incorrect or additional information is submitted, restaurant members may update your order accordingly.
Although every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While 5 Loaves has undertaken to confirm the accuracy of the information contained on the Site and the 5 Loaves Apps, mistakes can be made, including due both to inaccurate reporting of accurate information and accurate reporting of inaccurate information. Of course, if you become aware that the Site or any of the 5 Loaves Apps contains inaccurate information, please let us know by contacting us.
Any and all sales, use and other taxes which may be levied as a result of your access to and/or use of the Site or the 5 Loaves Apps are and shall remain your sole responsibility, excluding only taxes based on our net income.
All or a portion of your order amount, including Fees and Charges may not be refundable depending on when your order is cancelled.
Certain orders may be subject to a delivery fee, service charge and/or required tip, each as further described below (collectively, the "Fees and Charges") charged by the applicable third party restaurant(s) and/or third party services provider(s) (which may include independently owned and operated 5 Loaves franchised businesses, collectively, the "Third Party Providers") and passed through to you. The "Delivery Fee" is a percentage or fixed fee that goes towards the delivery of your order. The "Service Charge" is a percentage fee or fixed fee that may include one or more of the following charges: a convenience fee, packaging fee, processing fee, and/or jurisdiction-specific fees (e.g., bag or healthcare fees).
Fees and Charges are displayed prior to checkout and will be added to the total amount due at checkout for the applicable order for which you are responsible to pay. Please note that the Fees and Charges may change after checkout if your order amount changes (e.g., as a result of your special instructions or inaccurate information given when placing your order).
In addition, as a courtesy, there is an option to add a tip to the sub-total of an eligible order at checkout. You can always give delivery personnel a cash tip at the time your order is delivered.
PLACING ORDERS FOR ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS USING THE SITE OR THE 5 LOAVES APPS
By using the Site or any of the 5 Loaves Apps to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:
PROPERTY RIGHTS; COMPLIANCE WITH LAW
You agree not to use the Site, the 5 Loaves Apps or the Content for any unlawful purposes. You will comply with any requests from us to protect our rights. You agree that you will not, directly or indirectly, access, scrape, copy or otherwise use any portion of the Site, the 5 Loaves Apps, or the Content to engage in any activity or provide any product or service that, in our good faith judgment, is competitive with 5 Loaves’ products or services, or disparage or discredit 5 Loaves or any of 5 Loaves’ products or services. Further, you may not, sell, license or otherwise provide access to or use of the Site, the 5 Loaves Apps or the Content to any third party for any purpose whatsoever, including to build or offer a product or service that, in our good faith judgment, is competitive with 5 Loaves’ products or services. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site, the 5 Loaves Apps or the Content, including for any commercial purpose, except for those devices expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access.
NON-5 LOAVES CONTENT, PRODUCTS AND SERVICES; USER SUBMITTED CONTENT
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site, the5 Loaves Apps by anyone other than authorized 5 Loaves employee spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you.
By submitting any information or content to or by otherwise accessing or using the Site or the 5 Loaves Apps, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
DMCA NOTICE; COPYRIGHT AGENT
We respond to notices of alleged copyright infringement in accordance with the process set forth in the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). If you are a copyright owner or an agent thereof and believe that any materials accessible on or from the Site infringe your copyright, you may submit written notification pursuant to the DMCA by providing our Copyright Agent (designated below) with all of the following information in writing (collectively, "DMCA Notice"): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of an infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; information reasonably sufficient to permit the service provider to can contact the complaining party, such as an address, telephone number, an, if available, an electronic mail address at which the complaining party may be contacted; a statement that the complaining party has a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate, current and true; and a statement, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.
You may direct any DMCA Notice(s) to:
Wholeteam Ventures Inc.
1 Technology Drive Suite B109
Irvine CA 92618
Attn: Copyright Agent
You acknowledge that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. We reserve the right, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
If you believe that your copyrighted materials removed on or from the Site (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our Copyright Agent:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
NO OBLIGATION TO KEEP INFORMATION CURRENT
We are not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.
In connection with your use of or access to the Site or the 5 Loaves Apps, we from time to time may provide you with user names, passwords and/or other unique identifiers ("User Codes"). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site or the 5 Loaves Apps. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use of all content, information and data, including images, that you input or otherwise communicate during your access to and/or use of the Site, the 5 Loaves Apps or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to or use of the Site or the 5 Loaves Apps.
DISCLAIMER OF WARRANTIES
THE 5 LOAVES APPS, AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 5 LOAVES HEREBY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO RESTAURANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE AND THE 5 LOAVES APPS, AND 5 LOAVES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE, AND THE 5 LOAVES APPS WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE OR THE 5 LOAVES APPS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED, OR OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT), ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 5 LOAVES HAS NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE OR THE 5 LOAVES APPS, OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE OR THE 5 LOAVES APPS. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, CONTENT IS WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
LIMITATION OF LIABILITY
BY USING THE SITE OR THE 5 LOAVES APPS, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD 5 LOAVES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE 5 LOAVES APPS OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT. 5 LOAVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
(A) you are the person to whom the User Codes you used to access the Site or the 5 Loaves Apps were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete;
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Site or the 5 Loaves Apps;
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site or the 5 Loaves Apps;
(F) if we grant you access to the Site or the 5 Loaves Apps in your individual capacity, you are of the age of majority; and
LOCATION; GOVERNING LAW
DISPUTE RESOLUTION AND ARBITRATION.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH 5 LOAVES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
Any dispute, whether contractual or otherwise, arising out of or in connection with this Agreement or these dispute resolution procedures, including any question regarding its existence, performance, validity, or termination, will be referred to and finally resolved by arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”), which are deemed to be incorporated by reference into this clause. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration, including waiver, delay, or estoppel. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, the complaining party shall notify the other party in writing thereof. Within thirty (30) days of such notice, representatives of both parties shall attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. Furthermore, the parties agree:
i) The Arbitrator’s award will be final and binding and judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be confirmed in a court of competent jurisdiction. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Rules.
ii) The seat, or legal place, of arbitration will be Irvine, California, USA or the JAMS location closest to the complaining party’s place of business.
iii) The language to be used in the arbitral proceedings will be English.
iv) The arbitration shall be conducted by a sole arbitrator, which shall be nominated and appointed by JAMS in accordance with the JAMS Rules.
v) To the extent permitted by applicable law, the parties agree to keep all materials related to the dispute, including the existence of the dispute itself, content of the arbitration, and all the submissions by the parties in the arbitration and awards rendered by the arbitral tribunal, confidential.
vi) This agreement to arbitrate will not preclude the parties from seeking provisional remedies from a court of competent jurisdiction. The parties each retain 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.
vii) Neither party may bring any class, collective, or representative action against the other party, and will preclude a party from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the other party by someone else.
viii) Each party shall pay its own proportionate share of Arbitrator fees and expenses plus and expenses of JAMS. The Arbitrator shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
ix) Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and JAMS Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and JAMS Rules are found to not apply to any issue that arises under this Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
Each party hereby waives to the fullest extent permitted by applicable law, any right it may have to a trial by jury of any arbitrable claim under this Agreement and in connection with the enforcement of an arbitral award rendered pursuant to this agreement. Each party (i) certifies that no representatives, agent or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of such litigation, seek to enforce the foregoing waiver and (ii) acknowledges that it and the other party hereto have been induced to enter into this Agreement.
Waiver of Class Action
YOU AND 5 LOAVES AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE RESTAURANT CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER