Welcome to the Grab Feature by Cursus Technologies, Inc. (“Us” or “Our” or “We”)
– We hope You enjoy the experience!
READ THESE TERMS CAREFULLY BEFORE USING OUR FEATURE. USING THE FEATURE INDICATES THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THESE TERMS. YOU SHOULD NOT USE THE FEATURE IF YOU DO NOT ACCEPT THESE TERMS.
WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Unfortunately, if You breach any of these Terms the license We grant You to use the Feature will terminate automatically and You must immediately stop using the Feature and destroy any downloaded or printed Materials (and any copies thereof).
We continuously improve the Grab Feature and so may change the Materials and Services We offer You to improve performance, enhance functionality, reflect changes to the operating system or address security issues. We may automatically update the Grab Feature. We may also choose to modify, suspend or discontinue offering the Grab Feature at any time and without notifying You.
We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform You of any modifications to these Terms through the Grab Feature and, if You have registered with Us, by describing the modifications to these Terms in an email that We will send to the address that You provided during registration. To be sure We properly reach Your email inbox, We ask that You let Us know if Your preferred email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse will be to cease using the Feature. Continued use of the Grab Feature following notice of any such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms that appear in the Grab Feature. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
USING THE GRAB FEATURE AND ITS SERVICES
By using this Feature, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old (a “Minor”), that You are using the Grab Feature with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the Grab Feature and agree to these Terms. If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold Us harmless if the Minor breaches any of these Terms. If You are not at least 13 years old, You may not use the Feature at any time or in any manner or submit any information to Us or the Grab Feature.
By placing an Order through the Grab Feature, You also represent, acknowledge and agree that: You are legally capable of entering into binding contracts.
To use the Feature You must have a mobile device that is compatible with the Feature. We do not warrant that the Feature will be compatible with all mobile devices. The Feature is licensed, not sold. In these Terms, We are granting You a non-exclusive, non-transferable, non-sublicensable, revocable license to use one object code copy of the Feature on Your mobile device owned or leased solely by You. The foregoing Feature license grant is not a sale of the Feature or of any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Feature (and to any copy thereof). Standard carrier data charges may apply to Your use of the Feature. Use of the Grab Feature and the Services shall be only for individual, consumer purposes, including to communicate orders (“Orders”) for products and/or services from participating retailers (“Merchants”) (together, “Permitted Purposes”). If the Grab Feature or the Services or any part of either is determined to be illegal under the laws of Your jurisdiction, You shall not be granted any license to use the Grab Feature or part of the Services, and must refrain from using them.
The Feature connects to mobile devices over the Internet, which may include connections via wireless and wired networks. You acknowledge and agree that the Use of the Feature operates as Your consent to the transmission of standard device information (including but not limited to technical information about Your mobile device and application software and/or Your wireless services) in connection with such use.
Once You have selected the products You wish to order from the menu of Your chosen Merchants, You may submit Your Order by clicking or selecting the “buy”, “proceed”, “place my order” or similar button. It is important that You check all the information that You enter and correct any errors before clicking or selecting this button; once You do so we will start processing Your Order and errors cannot be corrected.
Once You have submitted Your Order and Your payment has been authorized, You will not be entitled to change or cancel Your Order, nor will You be entitled to a refund, unless Your Order cannot be fulfilled by Your chosen Merchant.
If You wish to change or cancel Your Order, You may contact Our customer care team at email@example.com and they will attempt to contact the Merchant in order to communicate Your requests. However, there is no guarantee that We will be able to reach the Merchant or that the Merchant will agree to Your requests as they may have already started processing Your Order.
Where any payment You make is not authorized, Your Order will not be processed or communicated to the relevant Merchant.
On receipt of Your Order, We will begin processing it by sending it to the relevant Merchant and will notify You (generally by email) as soon as reasonably practicable if a Merchant rejects Your Order. However, Merchants have the discretion to reject Orders at any time for any reasons (such as because they are out of stock or closed), in which case You would be entitled to a refund through the same means of payment as the one You used to place Your Order.
Estimated times for preparing Orders for collections are provided by the Merchants and are only estimates. Neither We nor the Merchants guarantee that Orders will be available for collection within the estimated times.
You may not, and agree not to: (i) modify, disassemble, decompile or reverse engineer the Feature, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Feature to any third-party or use the Grab Feature to provide time sharing or similar services for any third-party; (iii) make any copies of the Feature; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Grab Feature, features that prevent or restrict use or copying of any content accessible through the Grab Feature, or features that enforce limitations on use of the Grab Feature; (v) delete the copyright and other proprietary rights notices on the Grab Feature, (vi) use the Grab Feature in any way that could harm or impair anyone else’s use of the Grab Feature or the Services, or (vii) use the Grab Feature to gain or try to gain unauthorized access to any of Our data, account or network by any means. Certain software provided with the Feature may be subject to the provisions of open source license agreements, which may include, without limitation, the GNU Lesser General Public License and the Mozilla Public License (“Open Source Software”). The terms of Your use of such Open Source Software is subject to and governed by the respective Open Source Software licenses and You agree to comply with the terms and conditions contained in all such Open Source Software licenses.
The following additional terms and conditions apply with respect to the Grab Feature designed for use on an Apple iOS-powered mobile device:
You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
Your use of the Grab Feature must comply with Apple’s then-current App Store Terms of Service.
We, and not Apple, are solely responsible for Our Feature and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the Grab Feature. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Grab Feature.
You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to the Grab Feature or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the Grab Feature fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the Grab Feature.
You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our Feature or Your possession and use of Our Feature.
You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using Our Feature (e.g., You must not be in violation of Your wireless data service terms of agreement when using the Feature).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our Feature. 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 they relate to Your license of the Feature as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any use of the Grab Feature on an Android-powered mobile device:
You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
Your use of Our Feature must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where You obtained the Feature. We, and not Google, are solely responsible for Our Feature and the Services and Content available thereon. Google has no obligation or liability to You with respect to Our Feature or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Feature.
GUEST CHECKOUT AREAS OF THE GRAB FEATURE
To be able to use the guest checkout areas of the Feature, You must submit the following information:
- First and last name;
- A working email address; and
- A valid phone number.
You may also provide additional, optional information – so that We can provide You a more customized experience when using the Grab Feature – but We will leave that decision with You.
THIRD PARTY APPLICATION DISCLAIMER
You acknowledge and agree, as a condition of using the Grab Feature, that no third party application providers sponsor, endorse, or administer the Grab Feature or any of Our Services. All questions regarding the Grab Feature or Services must be directed to Us, and not a third party application provider. You also agree, as a condition of using the Grab Feature, to release all third party application providers from any and all liability arising out of Your use of the Grab Feature.
Location data provided by or in the Grab Feature is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. We do not guaranty the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Grab Feature. Any location data collected by the Grab Feature may be accessible by Us and certain of Our vendor clients.
You agree to pay all applicable fees related to Your use of the Grab Feature and Our Services. We may suspend or terminate Your account and/or access to Our Services and the Grab Feature if Your offered payment method (e.g., credit card or PayPal account) cannot be processed. By providing a payment method, You expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, all of which depend on the products or Services You purchase.
We understand that You might cancel Your account, but please know that You are responsible for paying any balance due on the account incurred prior to cancellation. To make things less complicated, You agree that We may charge any unpaid fees to Your provided payment method and/or send You a bill for such unpaid fees.
You acknowledge that in order to provide the Grab Feature and/or the Services we may need to send electronic communications to You from time to time. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Grab Feature and/or Services provided on or through them. These electronic communications are part of Your relationship with Us. You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO THIRD-PARTY SITES
We think links are convenient, and We sometimes provide links on the Grab Feature to third-party websites. If You use these links, they will open in a web browser and You will leave the Grab Feature. We are not obligated to review any third-party websites that You link to from the Grab Feature, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from the Grab Feature, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Grab Feature may allow You to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow You to configure Your privacy settings in that third-party website account to permit Your activities on the Grab Feature to be shared with Your contacts in Your third-party site account.
THIRD PARTY MATERIALS
The Grab Feature may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) (“Third-Party Materials“). You acknowledge and agree that We are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions.
We authorize Your use of the Grab Feature only for Permitted Purposes. Any other use of the Grab Feature beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Grab Feature. This is because as between You and Us, all rights in the Grab Feature remain Our property.
Unauthorized use of the Grab Feature amounts to a material breach and may result in violation of various United States and international copyright laws. Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So, unless You have written permission from Us stating otherwise, You are not authorized to use the Grab Feature in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):
- For any public or commercial purpose which includes use of the Grab Feature on another site or through a networked computer environment;
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any content of the Grab Feature;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
- To interfere with or disrupt the Grab Feature or servers or networks connected to the Grab Feature;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Grab Feature; or
- Attempt to gain unauthorized access to any portion of the Grab Feature or any other accounts, computer systems, or networks connected to the Grab Feature, whether through hacking, password mining, or any other means.
You agree to compensate Us for: (i) Our reasonable legal costs if You violate these Terms and that violation results in a problem for Us; and (ii) any damages, awards, fines, costs and settlements that We may end up having to pay as a result of Your violation of these Terms. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any claim, complaint, action, proceeding or other matter arising as a result of Your violation of these Terms and, in such case, You agree to cooperate with Our defense of such claim.
PROPRIETARY RIGHTS AND ASSIGNMENT
“Grab” is a trademark that belongs to Us. Other trademarks, names and logos on the Grab Feature are the property of their respective owners.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on the Grab Feature are Our sole property, Copyright ©2013-18. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
We may transfer Our rights and obligations under these Terms to another organization. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under these Terms.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy of suspending access to the Grab Feature (or any portion thereof) to any user who uses the Grab Feature in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Grab Feature in violation of someone’s intellectual property rights.
YOUR RELATIONSHIP WITH US; DISPUTES AMONG USERS.
We are not a party to any service contract
You hereby acknowledge and agree that We are NOT a party to any oral or written agreement for services or any other contract entered into between You and any provider of products or services with whom you interact as a result of Your use of the Grab Feature.
No agency or partnership
No agency, partnership, joint venture, or employment is created as a result of these Terms or Your use of the Grab Feature. You do not have any authority whatsoever to bind Us in any respect. Neither We nor any users of the Grab Feature may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
Disputes between users
Your interactions with individuals and/or organizations found on or through the Grab Feature, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between You and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries You deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, any service providers that You may access through Your use of the Grab Feature.
You understand that deciding whether to use the services of a service provider or to use information contained on or accessed via the Grab Feature, is Your personal decision for which You alone are responsible. You understand that we do not and cannot make representations as to the suitability of any individual or entity You may decide to interact with on or through the Grab Feature and/or the accuracy or suitability of any advice, information, or recommendations made by any such individual or entity.
IF THERE IS A DISPUTE BETWEEN USERS OF THE GRAB FEATURE, OR BETWEEN ANY USER OF THE GRAB FEATUREAND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ANY THIRD PARTY, YOU HEREBY RELEASE US, OUR OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE GRAB FEATURE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
DISCLAIMER OF WARRANTIES
THE GRAB FEATURE AND ANY OPEN SOURCE SOFTWARE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE USE OF, QUALITY AND PERFORMANCE OF THE GRAB FEATURE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE GRAB FEATURE, WHICH INCLUDE BUT ARE NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE GRAB FEATURE WILL MEET YOUR REQUIREMENTS OR THAT THE USE OF OR ACCESS TO THE GRAB FEATURE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE GRAB FEATURE WILL BE CORRECTED. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GRAB FEATURE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE GRAB FEATURE, AND ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE GRAB FEATURE OR FROM US OR OUR SUBSIDIARIES/OTHER AFFILIATED COMPANIES SHALL CREATE ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
WE SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OF THE MENU INFORMATION (INCLUDING NAMES, DESCRIPTIONS, PRICES, ALLERGY INFORMATION) WHICH IS PROVIDED BY THE RELEVANT MERCHANT.
THE LEGAL CONTRACT IS BETWEEN YOU AND THE RELEVANT MERCHANT. WE SHALL NOT BE RESPONSIBLE FOR THE PRODUCTS WHICH ARE THE SUBJECT OF AN ORDER. IN PARTICULAR:
- WE DO NOT GIVE ANY WARRANTY THAT THE PRODUCTS CONTAINED IN AN ORDER SHALL BE OF SATISFACTORY QUALITY OR SUITABLE FOR YOUR PURPOSE;
- ESTIMATED TIMES FOR COLLECTIONS ARE ESTIMATES ONLY; AND
- WE DO NOT GUARANTEE THAT A MERCHANT WILL ACCEPT YOUR ORDER.
LIMITATION OF LIABILITY
YOU ARE USING THE GRAB FEATURE AT YOUR SOLE RISK. WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE GRAB FEATURE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, COST OF PROCURING SUBSTITUTE GOODS AND SERVICES, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE GRAB FEATURE, AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE THEREOF. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF SUCH THIRD PARTIES AND WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THEIR CONDUCT OR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE GRAB FEATURE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH ANY PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE GRAB FEATURE, PARTICULARLY IF YOU INTERACT OFFLINE OR IN PERSON, REGARDLESS OF WHETHER WE FACILITATE SUCH MEETINGS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY AND ALL THIRD PARTIES AND FOR ANY EVENT OUTSIDE OF OUR CONTROL, INCLUDING “FORCE MAJEURE EVENTS” (AS DEFINED BELOW).
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GRAB FEATURE OR SERVICES, ANY PART THEREOF EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY DAMAGES REGARDING THE USE OR OPERATION OF ANY THIRD PARTY (INCLUDING OPEN SOURCE) SOFTWARE FURNISHED IN CONNECTION WITH THESE TERMS.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
We control and operate the Grab Feature from Our headquarters in the United States of America and the entirety of the Grab Feature may not be appropriate or available for use in other locations. If You use the Grab Feature outside the United States of America, You are solely responsible for following applicable local laws.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please Read This Provision (“Provision”) Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below)) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a judge or jury. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us, at firstname.lastname@example.org, the following information: (1) Your name, (2) Your address, (3) a written description of Your Claim, and (4) a description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, than You may pursue Your Dispute in arbitration. You may pursue Your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, Your or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at email@example.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the App and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either New York or the federal judicial district that includes Your billing address. In the event that You select the latter, We may transfer the arbitration to New York so long as We agree to pay any additional fees or costs which the arbitrator determines You incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the arbitration, We will pay all arbitration fees and associated costs and expenses. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both You and We specifically agree to do so following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user of the Grab Feature can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
This Provision shall survive the termination of Your account with Us or Our affiliates and Your deletion or discontinued use of the Grab Feature. Notwithstanding any provision in this Agreement to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You. We will even provide You with recommended necessary corrective action(s) because We value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the Grab Feature without prior notice to You. The Federal Arbitration Act, Texas state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Grab Feature will be heard in the courts located in Harris County, Texas. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, We are not waiving Our rights. These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Grab Feature. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. The application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed.
CALIFORNIA CONSUMER NOTICE
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Grab Feature and the Services are provided by Cursus Technologies, Inc. If You have a question or complaint regarding the Grab Feature or the Services, please contact Customer Service at firstname.lastname@example.org. You may also contact Us by writing to Cursus Technologies, Inc., 3302 Canal Street, Suite 13, Houston, Texas 77003. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
TERMINATION BY YOU
You may cancel Your account at any time by contacting support at email@example.com and discontinuing Your use of the Service and of the Grab Feature.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at Cursus Technologies, Inc., 3302 Canal Street, Suite 13, Houston, Texas 77003.