Hello! We’re grateful for your help, and we can’t wait to have you help us combat food insecurity. But before you use our Platform, please read these Terms of Use (this “Agreement”) carefully. 

 

Tikoon LLC (“Tikoon,” “we,” “our,” or “us”) owns and operates certain websites, including related subdomains; mobile applications (“App”); application program interfaces; and other tools, technology and programs (collectively, the “Platform”). 

 

This Agreement constitutes a contract between you and us that governs your access and use of the Platform and our associated services (all such services, together with the Platform, the “Services”). We may also provide Additional Terms (as defined below) that are incorporated to this Agreement by reference. This means that by accessing or using the Services, you agree to all the terms and conditions of this Agreement. If you do not agree, do not access or use the Services. As used in this Agreement, “you” means any visitor, user, or other person who accesses the Services, whether or not such person registered for an Account (as defined below). 

 

IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT INCLUDES PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. THIS SECTION INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER THAT APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

ABOUT THE PLATFORM

 

The Platform connects the excess food that restaurants may have with people in need of food at pantries and food kitchens. Food items are delivered through the Platform from particular restaurants or other purveyors of food in select cities in the United States where Tikoon provides the Services (collectively, the “Volunteer Restaurants”).

 

Tikoon is not a restaurant and does not operate a food preparation business. The Volunteer Restaurants available on our Platform operate independently of Tikoon. Volunteer Restaurants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. Tikoon is not liable or responsible for Volunteer Restaurants’ food preparation or safety and does not verify their compliance with all applicable laws. In addition, Tikoon does not guarantee the quality of what the Volunteer Restaurants donate, nor does it guarantee the services provided by them. Tikoon does not independently verify, and is not liable or otherwise responsible for, representations made by Volunteer Restaurants regarding their food, including, without limitation, any menu- or Volunteer Restaurant-level descriptors, disclosures, photographs or images displayed through the Platform or elsewhere (e.g., on the Volunteer Restaurant’s own website or other third-party site or service) reflecting the food prepared by the Volunteer Restaurants or delivered by Delivery Volunteers (as defined below). 

 

Tikoon is also not a delivery company or a common carrier. Deliveries are provided by Tikoon’s network of independent volunteers (“Delivery Volunteers”). Delivery Volunteers are not actual agents, apparent agents, ostensible agents, or employees of Tikoon in any way. Rather, Delivery Volunteers are required to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and any applicable insurance requirements. 

Each Volunteer Restaurant, Delivery Volunteer and Partner must create an account on the Platform to access or use the Services (“Account”). Eligibility to participate in Tikoon’s Platform as a Volunteer Restaurant, Delivery Volunteer or Partner may be subject to an approval process as reasonably determined by Tikoon in its sole discretion. Information collected throughout the approval process is subject to Tikoon’s Privacy Policy available at [__].

PLACING ORDERS

Volunteer Restaurants may donate food items by indicating on the Platform what food items are available for pickup.  If a Partner desires to have a donated food item delivered to the Partner, the Partner will select the donated food items on the Platform (an “Order”). Once an Order has been placed, a Delivery Volunteer may choose to fulfill the Order by selecting it on the Platform. 

USING THE PLATFORM AS A VOLUNTEER RESTAURANT

 

We appreciate your generosity in providing the leftover food to food pantries and those in need free of charge. 

 

Volunteer Restaurants should comply with all applicable laws and regulations, including food safety and hygiene regulations and applicable licensing requirements. 

 

Volunteer Restaurants shall ensure that all food items are properly packaged for delivery to avoid injury to the Delivery Volunteer, or the person receiving the food items or opening the packages, and labeled with any applicable safety warnings or use or storage instructions. Volunteer Restaurants shall provide a description of the content of the packaged food item(s) for each Order, including whether the content contains common allergens or implicate other common dietary restrictions. 

 

Volunteer Restaurants and their personnel are expected to exercise good judgment and be supportive and respectful toward the Delivery Volunteers, including by providing a safe area for Order pickups and not causing Delivery Volunteers to wait an excessive amount of time. 

 

Each Volunteer Restaurant may receive a Rating from each Partner that has received an Order from such Volunteer Restaurant, as well as each Delivery Volunteer that has picked up an Order from such Volunteer Restaurant, based on the factors provided above and other factors reasonably related to the Volunteer Restaurant’s services. 

 

In addition, each Volunteer Restaurant may give a Rating to each Delivery Volunteer that has picked up an Order from such Volunteer Restaurant, based on the factors provided in the “ADDITIONAL GUIDELINES FOR DELIVERY VOLUNTEERS” section as they pertain to the interactions between the Delivery Volunteer and Volunteer Restaurant.  

USING THE PLATFORM AS A DELIVERY VOLUNTEER

 

Use of the Platform as a Delivery Volunteer requires that you create an Account by providing certain personal information. You agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form and (b) maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current, and complete. The information we collected will be subject to our Privacy Policy available at [___].

You are responsible for maintaining the confidentiality and security of your Account and password, and for all activities and any other actions that occur under or are taken in connection with your password or Account. 

 

ADDITIONAL GUIDELINES FOR DELIVERY VOLUNTEERS

 

As a Delivery Volunteer with Tikoon, you shall maintain the quality of service to continue using the Platform. Tikoon reserves the right to deactivate your access if your service falls below a certain standard, as determined by Tikoon after taking into consideration your Rating (as defined below) and other factors in good faith. 

 

Each Delivery Volunteer’s Rating will be based on Ratings from Partners and Volunteer Restaurants that the Delivery Volunteer has interacted with in their capacity as a Delivery Volunteer. Factors that will be taken into consideration include, but are not limited to:

 

• If the Delivery Volunteer has confirmed delivery on Orders when the Orders have not been delivered;

• If the Delivery Volunteer has unreasonably cancelled or otherwise failed to complete the delivery of Orders; 

• If the Delivery Volunteer has resulted in repeated complaints or serious complaint(s) from Partners or Volunteer Restaurants, including that the delivery service was incomplete, unprofessional, or otherwise violative of Tikoon’s policies; and 

• If the Delivery Volunteer has repeatedly missed the estimated pickup time frame or delivery time frame for an Order.

 

Delivery Volunteers are encouraged to verify Orders at the Volunteer Restaurants and double-check that nothing is left behind. Delivery Volunteers should deliver Orders safely and in accordance with relevant safety standards. For example, Delivery Volunteers are prohibited from tampering with or opening any packages in any Order. If a Volunteer Restaurant outlines certain delivery guidelines that promote food safety, adhere to regulatory guidance, or accommodate Partner’s reasonable request, the Delivery Volunteer is expected to follow such delivery guidelines. 

 

Each Delivery Volunteer will be able to provide a Rating the Volunteer Restaurant (based on factors including if the Volunteer Restaurant has provided a safe place for pickup or has caused the Delivery Volunteer to wait an excessive amount of time) and the Partner (based on factors including if the Partner promptly and professionally receives the Order). 

 

Delivery Volunteers are expected to keep their vehicles maintained and in good operating condition and drive safety when delivering Orders. The applicable Volunteer Restaurant and Partner may be able to see your real-time location once you have elected to pick up the Order from the Volunteer Restaurant. The collection and processing of such geolocation data is subject to our Privacy Policy available at [___].

 

If you are unable to find anyone at a Partner’s location to accept an Order when delivering, you can call or message them through the App. If they do not answer, you can tap the banner that appears to indicate that they did not answer. This will send them a notification.

USING THE PLATFORM AS A PARTNER

By accessing the Platform, food pantries and other such nonprofit charities dedicated to providing food to those in need (each, a “Partner”) agree and acknowledge that Tikoon shall not be liable or otherwise responsible for any acts, omissions, errors or misrepresentations of any Volunteer Restaurant.

By accessing the Platform, Partners also agree and acknowledge that Tikoon shall not be liable or otherwise responsible for, the delivery services or the Orders provided to Partners by any Delivery Volunteer, or any acts, omissions, errors or misrepresentations made by any Delivery Volunteer.

Each Partner may only create and hold one Account on Tikoon’s Platform for the Partner’s organizational use. Any authorized representative of a Partner (a “Partner Representative”) may need to submit certain information and documents (e.g., name, official website, contact information) about the Partner for us to verify the identity of the Partner. The information we collected will be subject to our Privacy Policy available at [___].

 

Each Partner Representative agrees to (a) provide true, accurate, current, and complete information about the Partner and (b) maintain and promptly update the information provided to keep it true, accurate, current, and complete. The Partner Representative using the Platform on behalf of the Partner represents and warrants that the Partner Representative has the authority to bind Partner to this Agreement, and the Partner Representative agrees to be bound by this Agreement on behalf of the Partner.

 

ADDITIONAL GUIDELINES FOR PARTNERS

 

The Platform will show an estimated Order arrival time that is calculated based on the estimated delivery route. Partners shall provide necessary delivery instructions to the Delivery Volunteer—e.g., if the Order shall be handed over to a person, gate codes, and other instructions.  

 

Partners shall promptly receive Orders, taking into account any relevant instructions or other information that the Volunteer Restaurant may have placed on the packaging, and distribute the Orders in furtherance of the organizations’ goals and missions. 

 

Each Partner will be able to provide a Rating each Volunteer Restaurant (based on factors such as food packaging) and each Delivery Volunteer that has delivered an Order to the Partner (based on factors such as if the handling of the Order and professionalism of the Delivery Volunteer). 

GENERAL USER TERMS AND CONDITIONS

If you provide any information that is untrue, inaccurate, not current or incomplete, or if Tikoon has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, or if we believe that you have breached this Agreement, Tikoon has the right to immediately suspend your Account. We may, in our sole discretion, terminate your Account and block you from any further use of the Services and terminate this Agreement with you. 

You are responsible for maintaining the confidentiality and security of your Account including your password. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to immediately notify Tikoon of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or any other confidential or sensitive information. Tikoon will not be liable other otherwise responsible for any injury, loss, or damage of any kind arising from or relating to your failure to comply with the foregoing or for any acts or omissions by you or someone else who is using your Account or password.

Notwithstanding anything to the contrary herein, you must be 16 years or older in order to use the Services (including accessing the Platform). 

OUR MATERIALS AND LICENSE TO YOU

 

With the exception of Your Content (defined below), the Platform and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the “Materials”) is owned by or licensed to Tikoon. The Platform and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other intellectual or proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to Tikoon, including, without limitation: TIKOON, TIKOON OLAM, Tikoon.org, and “Feed the People by the People”. Accordingly, you are not authorized to download, remove, transmit, alter, reproduce, modify, distribute, exploit, sell, lease, obscure, decompile, reverse engineer, or disassemble, any content or any trademark or copyright notice from the Platform, including, without limitation, the Materials. If you do any of the aforementioned, Tikoon will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Please also be advised that Tikoon enforces its intellectual property rights to the fullest extent of the law.

 

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. Any other use of the Platform is strictly prohibited. Nothing contained on the Platform or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) or third-party proprietary content on the Platform without the express written permission of Tikoon or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Tikoon and Tikoon’s licensors.

YOUR CONTENT AND CONDUCT

 

I. Your Conduct

 

By accessing the Platform or otherwise using the Services, you agree:

 

• to comply with this Agreement and all applicable laws, rules and regulations in connection with your use of the Platform and Services, including, without limitation, laws regarding online conduct and Your Content (as defined below); 

• not to use the Platform or Services for any commercial or other purposes that are not expressly permitted by this Agreement or in a manner that falsely implies our endorsement, partnership or otherwise misleads others as to your affiliation with us; 

• not to access the Platform or Services using a third party’s account/registration without the express consent of the Account holder and not to attempt to impersonate another user, person or organization; 

• not to avoid, bypass, remove, deactivate, impair, descramble, or attempt, through any means, to circumvent any technological measure implemented by Tikoon to protect the Platform, or otherwise attempt to gain unauthorized access to any part of the Platform or any Service, other Account, computer system, or network connected to any Tikoon server or system; 

• not to use the Platform or Services in any manner that could damage, disable, overburden, or impair the Platform, any Tikoon server, or the network(s) connected to any Tikoon server, or interfere with any other person’s use and enjoyment of the Platform; 

• not to advertise to, or solicit, any Volunteer Restaurant, Partner, or Delivery Volunteer or anyone else to buy or sell any products or services, or use any information obtained from the Platform or the Services in order to contact, solicit, or advertise or sell to any Volunteer Restaurant, Partner, or Delivery Volunteer or anyone else, in each case, unless specifically authorized in writing by Tikoon; 

• not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Platform; 

• not to create or compile, directly or indirectly, any collection, compilation, database, or directory from the Platform or Materials; 

• not to create Ratings for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; 

• not to harass, annoy, intimidate, threaten or engage in any racist, sexist, or other behavior that Tikoon finds objectionable to any Tikoon employees, contractors, or other personnel engaged in providing any portion of the Services and not to engage in any other behavior that Tikoon deems inappropriate when using the Platform or Services; 

• not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming (e.g., by email or instant message), sending of viruses or other harmful files, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any of the Materials or from any portion of the Platform or the Services; 

• not to rent, lease, redistribute, sell, sublicense, decompile, reverse engineer, disassemble, or otherwise reduce the Platform or the Materials, in whole or in part, to a human-perceivable form for any purpose, including, without limitation, to build a product or service competitive with the Platform; and 

• not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any Services, system resources, Accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked sites (including, without limitation, those of Volunteer Restaurants or Partners). 

 

You agree to comply with the above conduct requirements and agree not assist or permit any person in engaging in any conduct that does not comply with the above conduct. In the event that Tikoon believes that you have breached any of the above conduct requirements, Tikoon reserves the right to suspend or permanently terminate your Account at our sole discretion. Further, you agree that the consequences of commercial use or re-publication of Your Content (defined below) or Materials from the Platform or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Tikoon will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.

 

II. Your Content

 

Tikoon may provide interactive opportunities (i) on the Platform, including, without limitation, features such as Ratings, saved favorites, liked items and bookmarked Volunteer Restaurants, user profiles and pictures, (ii) on social media pages maintained by Tikoon, as well as (iii) through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (collectively, “Interactive Areas”). You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, Ratings, photographs or other materials or content that you submit, upload, post, publish, or otherwise make available to Tikoon through the Platform or otherwise in connection with your use of our Services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (“Your Content”). Your Content includes, without limitation, your username or other user profile information such as your ratings history and how long you have been a Tikoon diner, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise.

 

III. Use of Your Content

 

You grant Tikoon an irrevocable, transferable, fully paid-up, royalty-free, perpetual, non-exclusive, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works of, distribute, or otherwise use Your Content in all forms of media now known or hereafter invented ​​for the purpose of operating, promoting, and improving our Site, business, products and services, and developing new ones (collectively, the “Uses”). The Uses include, without limitation, attributing Your Content to you on the Platform, including in Interactive Areas and other public areas on our Platform, or otherwise in connection with the Services. All Uses will be made without notification to or approval by you and without the requirement of payment to you or any other person or entity. Further, you hereby grant Tikoon an irrevocable, transferable, fully paid-up, royalty-free, perpetual, non-exclusive, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to incorporate and use any of your suggestions, input, or other feedback relating to the Platform or the Services (collectively, the “Feedback”) for any purpose without notice to, approval by, or compensation to you. 

 

You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, or otherwise unsuited to your purpose. Tikoon and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for the action of any and all third parties with respect to Your Content, or for any damages you allege to incur as a result of or relating to any third-party content.

 

IV. Conduct within Interactive Areas

 

By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Platform. We expect your cooperation in upholding our standards. You are responsible for all of Your Content. You agree that Your Content will not:

 

• be unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; 

• have a commercial, political, or religious purpose; 

• be false, misleading, or not created or provided in good faith; 

• infringe any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity; 

• be illegal or promote illegal activity; 

• contain confidential information belonging to a third party; 

• contain unauthorized advertising or solicit or otherwise direct users to a business other than those on the Platform; or

• be intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Materials on the Platform or other websites.

 

We do our best to encourage civility and discourage disruptive communication on the Platform. We also do our best to discourage communications that incite others to violate our standards. Tikoon may monitor any and all use of the Platform, including, without limitation, interactions between our users; however, we are under no obligation to do so. We may manage the Platform in a manner intended to protect our property and rights and to facilitate the proper functioning of the Platform. If any of Your Content or conduct on our Platform (a) violates our standards, or any other terms of this Agreement, (b) interferes with other peoples’ enjoyment of the Materials or our Platform or Services, or (c) is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in whole or in part, any of Your Content, (ii) to terminate or suspend access to any Interactive Areas or any other part of our Platform, or (iii) to terminate or suspend your Account, in each case, with or without notice. Tikoon will cooperate with local, state, and federal authorities to the extent required by applicable law in connection with Your Content.

 

V. Ratings and Reviews

 

The Platform and other Interactive Areas may allow users to rate and post reviews (collectively, “Rating”) of Volunteer Restaurants, Delivery Volunteers and Partners. Such Ratings are considered Your Content and are governed by the terms and conditions of this Agreement. Ratings are not endorsed by Tikoon, and do not represent the views of Tikoon or of any affiliate or partner of Tikoon. Tikoon does not assume liability for Ratings or for any claims, liabilities, or losses resulting from any Ratings. We strive to maintain a high level of integrity with our Ratings and other aspects of Your Content. Therefore, all Ratings must comply with the following criteria, in addition to and without limiting other requirements applicable to Your Content as set forth in these Terms: (i) before posting a Rating, you must have had recent first-hand experience with the applicable Volunteer Restaurant, Delivery Volunteer or Partner solely in connection with the Services, and not based on any interactions that you may have had unrelated to the Services (e.g., a Delivery Volunteer’s Rating of a Volunteer Restaurant should not take into account the Delivery Volunteer’s experience as a paying customer of such Volunteer Restaurant); (2) you may not draw any legal conclusions regarding the Volunteer Restaurants’ or the Delivery Volunteer’s products, services, or conduct; (3) your Rating must otherwise comply with the terms of this Agreement as well as all applicable laws, rules, and regulations; and (4) you will not submit a Rating in exchange for payment, free food or beverage items, or other benefits from any Volunteer Restaurant, any Delivery Volunteer or third party. Any Rating that we determine, in our sole discretion, could diminish the integrity of the Ratings, the Materials or the Platform may be removed or excluded by us without notice.

 

Individual Ratings may be submitted on a scale of one to five (with five being the best experience). Ratings of each Volunteer Restaurant, Delivery Volunteer and Partner will be based on the aggregation of all individual Ratings it has received. Whoever submits a Rating may have the opportunity to (i) submit text accompanying the Rating to provide additional information about the Order, which will be viewed by our staff members first before being visible to other users of the Platform and (ii) submit images relevant to the Order, which will be reviewed by our staff members before being posted and made visible to other users of the Platform. 

COMMUNICATIONS & TEXT MESSAGES

 

When you use the Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. When you use the Services, you may also initiate a call or text message to contact the other user. You consent to receive communications from us and from other users (as described above) electronically, such as via email, text, mobile push notification, or other messages through the Services, and you agree that all agreements, notices, disclosures, and other communications that are provided to you through the Services electronically satisfy any legal requirement that such communications be in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect any statutory rights that you may have. 

 

Throughout the course of the initiation of an Order to completion of the delivery of that Order, the Volunteer Restaurant, the Delivery Volunteer and the Partner may reach receive text messages auto-generated from the Platform, informing the status of the Order. Additionally, the Platform may allow texting functionality to facilitate the delivery of the Order among the Volunteer Restaurant, the Delivery Volunteer and the Partner.

 

Standard data and message rates may apply for SMS and MMS messages, whether you send or receive such messages. Standard call rates may apply for phone calls, whether you initiate or receive phone calls. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g., T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. 

APP STORE TERMS

 

You acknowledge and agree that (i) in addition to the terms of this Agreement, your use of the App must comply with the terms of the App Store from which you may have downloaded the app (i.e., the Apple App Store or Google Play Store); (ii) the companies operating the App Stores (i.e., Apple and Google) have no liability or other responsibility for the App; and (iii) the App Store operators are intended third-party beneficiaries of this Agreement. 

DISCLAIMER

 

THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TIKOON DISCLAIMS, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TIKOON DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TIKOON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT TIKOON) ASSUME THE ENTIRE COST (IF ANY) OF USING THE SERVICES, INCLUDING ANY DATA CHARGES THAT MAY APPLY WITH RESPECT TO YOUR USE OF THE APP OR OTHER COMPONENTS OF THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

 

TIKOON SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TIKOON’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TIKOON IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

 

TIKOON RELIES UPON VOLUNTEER RESTAURANTS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. TIKOON DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR RATINGS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TIKOON BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF TIKOON HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE PLATFORM OR THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY TIKOON.

 

TIKOON ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR ELECTRONIC EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. TIKOON ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL TIKOON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT OR ANY OTHER ACTION OF ANY TYPE EXCEED ONE HUNDRED U.S. DOLLARS ($100) IN THE AGGREGATE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU MUST PROVIDE NOTICE OF ANY DISPUTE, CLAIM, OR CONTROVERSY TO TIKOON WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.  

 

YOU ACKNOWLEDGE THAT TIKOON IS PROVIDING THE SERVICES FREE OF CHARGE. YOU AND TIKOON AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND TIKOON AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE ARISING OUT OF YOUR USE OF THE SITE IS TO DISCONTINUE USING THE PLATFORM AND SERVICES, WHICH YOU MAY DO AT ANY TIME.

IMPORTANT NOTE TO NEW JERSEY CONSUMERS

 

IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW: (A) THE DISCLAIMER OF LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, NEW JERSEY PRODUCTS LIABILITY ACT, NEW JERSEY UNIFORM COMMERCIAL CODE, AND NEW JERSEY CONSUMER FRAUD ACT); (B) THE LIMITATION ON LIABILITY FOR LOST PROFITS OR LOSS OR MISUSE OF ANY DATA (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY IDENTITY THEFT PROTECTION ACT AND NEW JERSEY CONSUMER FRAUD ACT); (C) APPLICATION OF THE LIMITATIONS OF LIABILITY TO THE RECOVERY OF DAMAGES THAT ARISE UNDER CONTRACT AND TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY (FOR EXAMPLE, TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE BY A CONSUMER UNDER NEW JERSEY LAW, INCLUDING, WITHOUT LIMITATION, THE NEW JERSEY PRODUCTS LIABILITY ACT); AND (D) THE NEW YORK GOVERNING LAW PROVISION (FOR EXAMPLE, TO THE EXTENT THAT YOUR RIGHTS AS A CONSUMER RESIDING IN NEW JERSEY ARE REQUIRED TO BE GOVERNED BY NEW JERSEY LAW).

THIRD PARTY LINKS AND SERVICES

 

The Platform may contain links to websites and services (e.g., Waze) that are owned, controlled, developed, sponsored or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Services”). If you click on a link to or otherwise access a Third Party Service, Tikoon will not warn you that you have left the Services or Platform or that you are subject to the terms and conditions of another website or third-party service provider. Tikoon does not review, monitor, operate or control the Third Party Services, and Tikoon makes no guarantees, representations, or warranties as to, and shall have no liability for, the content, products or services available on or through or the functioning of the Third Party Services. By providing access to Third Party Services, Tikoon is not recommending or otherwise endorsing the products or services provided by the sponsors or owners of those websites. Your access to or use of the Third Party Services, including, without limitation, providing information, materials or other content to the Third Party Services, is entirely at your own risk. Tikoon reserves the right to discontinue links to or integrations with any Third Party Services at any time and for any reason, without notice.

 

Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Waze Terms of Use located at https://support.google.com/waze/answer/12373727 and the Waze Privacy Policy located at https://support.google.com/waze/answer/12075406. All such Additional Terms are hereby incorporated into this Agreement by reference.

PRIVACY POLICY

 

The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference.

 

TERMINATION AND VIOLATIONS OF THE AGREEMENT

 

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, Tikoon reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform’s features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your Account and ceasing use of the Platform and Services provided herein. You may close your Account by taking the following steps: click on ‘settings’ in the App, click on the ‘Delete My Account’ button, and confirm your intent to delete your account when prompted.

 

Upon termination of this Agreement for any reason or no reason, (a) your access rights will terminate and you must immediately cease all use of the Platform and Services and (b) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including, without limitation, the following sections: (i) “Your Content and Conduct;” (ii) “Disclaimer;” (iii) “Limitation of Liability;” (iv) “Important Note to New Jersey Consumers;” (v) “Termination and Violations of this Agreement;” (vi) “Governing Law and Venue;” (vii)“Dispute Resolution;” (viii) “Indemnification” and (ix) “Waiver and Severability.” 

 

Tikoon reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform or Services from a particular Account, device or IP address.

 

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless Tikoon and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, liabilities, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party as a result of any third-party claim arising out of or in connection with: (i) your unauthorized use of the Services; (ii) your breach of this Agreement; (iii) your actual or alleged violation of any law, rule, regulation or this Agreement; (iv) any third party’s access or use of the Services using your Tikoon Account; or (v) any dispute or issue between you and any third party, including without limitation any Delivery Volunteer, Volunteer Restaurant or Partner.

 

CHANGES TO THE AGREEMENT

 

We may modify or update the terms of this Agreement from time to time and without prior notice to you. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the “Terms of Use” link available on the App (“Updated Terms”). In addition to posting the Updated Terms, we may elect to provide additional notice to you of the Updated Terms, such as by sending an email to you or providing a notice through the Platform or Services. You agree that you will review this Agreement periodically and check the “Effective Date” of this Agreement to stay aware of any changes. By continuing to access or use the Platform or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform or accessing the Services. Except as otherwise provided in the “Dispute Resolution” section, the Updated Terms will govern any disputes between you and Tikoon, even if the dispute arises or involves facts dated before the “Effective Date” of the Updated Terms.

 

GOVERNING LAW AND VENUE

 

The terms, conditions, and policies contained in this Agreement and the legal relations between you and Tikoon shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice or conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

 

You and Tikoon agree that any dispute, claim, or controversy that proceeds in court (except for small claims court), shall be brought and heard exclusively in the state and federal courts of New York County, New York. You waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

 

DISPUTE RESOLUTION

 

I. Waiver of Jury Trial.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND TIKOON WAIVE THE RIGHT TO A JURY TRIAL.

 

II.  Class Action Waiver.

 

YOU AND TIKOON EACH AGREE THAT ANY LITIGATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN COURT TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

 

WAIVER AND SEVERABILITY

 

Any waiver by Tikoon of any term of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.

 

ENTIRE AGREEMENT

 

This Agreement, together with any amendments and any additional agreements (including Additional Terms) you may enter into with Tikoon in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and Tikoon concerning the Platform, any Orders placed through the Platform, and the Services hereunder.

 

CONTACT

 

If you have any questions regarding this Agreement or the Platform, please contact us at info@tikoon.org.