IMPORTANT: BY AGREEING TO THESE TERMS OF USE, YOU AGREE ALL CLAIMS YOU MAY HAVE AGAINST ORDER.COM ARE SUBJECT TO BINDING ARBITRATION (EXCEPT THAT EITHER OF US MAY TAKE CLAIMS TO SMALL CLAIMS COURT IF THEY QUALIFY FOR HEARING BY SUCH A COURT) AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION SECTION BELOW WHICH AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITES.
Order.com may modify these Terms of Use from time to time upon written notice or posting to the Site. It is your responsibility to review these Terms of Use periodically. You agree that if you use the Site, the Order.com Apps, the OSocial Media and/or the Content after such notice or posting of changes in the Terms of Use, you will be bound by all such changes and these Terms of Use.
GENERAL
The Site is owned and operated by Order.com, LLC Our merchant network available on the Site and the Order.com Apps is solely a facilitator of communications between the merchant members and users. Unless expressly stated otherwise on the Site or the Order.com Apps, the goods and services featured on the Site and the Order.com Apps are offered, provided, sold and delivered by the merchant members, not us. We are in no way responsible for the quality of goods or services offered by the merchant members. All questions regarding merchant members’ products and/or services featured on the Site and the Order.com Apps should be directed to the appropriate merchant members.
PROMOTIONS; DISCOUNTS; SWEEPSTAKES
Promotions and discounts that may be made available from time to time on the Site, the Order.com Apps and/or the OSocial Media are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, Order.com reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any promotions and/or discounts, in each case, in whole or in part, at any time without notice and for any or no reason.
A promotion or discount is limited to one (1) per User ID and cannot be used for multiple, non-qualifying or past orders. Non-qualifying orders include, without limitation any orders paid for with cash. A promotion or discount may be limited to specific qualifying items, as may be further described in the additional terms and conditions applicable to any promotion or discount or as may be designated by Order.com from time to time. A promotion or discount is not transferable, may not be resold and may not be combined with any other promotions or discounts. Unless otherwise indicated in the additional terms and conditions applicable to any promotion or discount or designated by Order.com from time to time, if there is a minimum purchase requirement, tax, tip, delivery fee and other charges are excluded from the calculation of such minimum purchase requirement. If a promotion or discount is in the form of a promo code, such code must be entered in the promo code section at checkout to be redeemed. Without limiting anything set forth in these Terms of Use and in addition thereto, by redeeming a promotion or discount, you express your understanding of and agreement to these Terms of Use and any additional terms and conditions applicable to any promotion or discount.
In addition to these Terms of Use, other terms and conditions may apply to certain services and/or features made available on the Site, the Order.com Apps and/or the OSocial Media from time to time. By way of example but not limitation, such other terms and conditions may describe official rules for contests or sweepstakes on the OSocial Media. Such terms and conditions are in addition to and subject to these Terms of Use.
Please note that in our sole discretion at any time and with or without notice, we may offer further incentives or promotions, shorten or extend the duration of any incentive or promotion program and/or terminate or modify any incentive or promotion program.
PRICES; AVAILABILITIES; TAXES
The information contained on the Site and the Order.com Apps regarding prices, specifications and availability of the products and/or services listed on the Site and the Order.com Apps has been provided by merchant members. Merchant members advised us that the prices charged by merchant members on the Site and the Order.com Apps are generally the same as the prices charged in their brick-and-mortar stores at the time an order for products is delivered or available for pickup or at the time an order for services is fulfilled, as applicable. Although Order.com attempts to make certain that the prices, specifications and availability listed on the Site and the Order.com Apps and those posted in the stores on the date they are viewed on the Site and the Order.com Apps are the same, and that unavailable products and/or services (e.g., out-of-stock items or out-of-geographical range or discontinued services) are clearly marked or removed from the inventory on the Site and the Order.com Apps. Prices, specifications and availability of products and/or services may differ and are subject to change, including if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by merchant members that use third party delivery services may sometimes be different than those charged in their physical stores.
To calculate the total price of an order you placed on the Site or the Order.com Apps, merchant members use the information collected at the time you placed such order on the Site and/or the Order.com Apps, as applicable, in each case, as evidenced by our systems. If the information you entered is incorrect or additional information is submitted, merchant members may update your order, including the total price, accordingly. Additional fees and charges may apply as a consequence of such update. Further, certain products and/or services may no longer be available after merchant members review and/or update your order.
Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While Order.com has undertaken to confirm the accuracy of the information contained on the Site and the Order.com 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 Order.com 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 and/or the Order.com 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 (as defined in the "Fees; Gratuities" section), may not be refundable depending on when your order is cancelled. If you need to cancel your order, please contact support by phone at (800) 709-7191 or email at support@order.com.
OFFICE ACCOUNT; TAX EXEMPT PURCHASES
Companies or organizations may be eligible to open a order.com office account pursuant to a separate agreement with us ("Office Account"). Any such company or organization may elect to pay for certain orders placed using User Codes recognized by our systems as being associated with the applicable Office Account. Such company or association may be able from time to time to set certain settings for the orders it will pay for (e.g., lunch hours, delivery at the office address, order amount covered, etc.) Details of any and all such orders may be shared with and/or made available to such company or organization, including for record keeping and/or billing purposes. You hereby acknowledge and agree to such sharing and/or making available.
In the event that you provided us with a tax exemption certificate and/or other equivalent tax exemption documentation or information acceptable to the relevant tax authority for the Office Account, certain orders placed using the User Codes recognized by our systems as being associated with such Office Account may be eligible for tax exemption. In such case, a tax exemption may be applied at checkout by following instructions on the checkout page of the Site. You further agree that, if you do not use the products and/or services purchased using the User Codes recognized by our systems as being associated with such Office Account for the purpose for which the tax exemption applies, you will report and pay all applicable taxes and indemnify us against any liability, including interest and penalties, arising in respect of any applicable taxes. To qualify for tax exemption, you may be required by law, among other things, to pay using solely the payment method recognized by our systems as being associated with the applicable Office Account (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). You further represent and warrant that any and all purchases made using the User Codes are made with the tax-exempt organization’s funds. You are solely responsible for determining that any purchase made using any User Code recognized by our systems as being associated with the Office Account is eligible for exemption from applicable taxes and you agree that you will comply with any and all requirements existing from time to time for the obtaining and maintenance of tax exempt treatment for any purchases, including pursuant to applicable laws, rules or regulations, as well as with Order.com's instructions from time to time.
FEES; GRATUITIES
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 and retained by us, or the applicable third-party merchant(s) and/or third-party services provider(s) (which may include independently owned and operated Order.com 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 service fee, a convenience fee, packaging fee, processing fee, and/or jurisdiction-specific fees (e.g., bag or healthcare fees). A small number of Third-Party Providers also mandate we include a "Required Tip" with your order, which, where applicable, will be identified at checkout.
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. 100% of gratuities go to the delivery person.
PLACING ORDERS FOR ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS USING THE SITE OR THE ORDER.COM APPS
By using the Site or any of the Order.com Apps to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:
(A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may not be sold, delivered or given away to persons who are, apparently or actually, under the age of twenty one (21) years or visibly intoxicated;
(B) that you are at least twenty one (21) years of age or older;
(C) to provide valid photo identification at the time of accepting delivery of any alcoholic beverages and/or tobacco products;
(Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S. (NYS, ABC Law Section 65-b.2(b));
(D) that sale and delivery of alcohol beverages and/or tobacco products to you is made by the participating merchant members and NOT Order.com;
(E) that Order.com is a separate business and is not affiliated with any of the merchant members selling alcoholic beverages or tobacco;
(F) that neither Order.com nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively "Order.com Parties") shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof;
and
(G) that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless Order.com Parties for, from and against any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies and liabilities, which arise, result from or are related to: dispute@order.com (i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic beverage(s) and/or tobacco product(s); (iii) delivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption of alcoholic beverage(s) and/or tobacco product(s), and/or (v) any and all consequences of any of the foregoing.
PROPERTY RIGHTS; COMPLIANCE WITH LAW
The Site, the Order.com Apps, any and all content submitted by us on the Site Order.com, Apps and/or the OSocial Media, and the Content are our or our licensors’ property and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized herein, you may not, directly or indirectly, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit, in each case, whether in whole or in part, the Site, the Order.com Apps, any and all content submitted by us on the Site, Order.com Apps and/or the OSocial Media, or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our express written consent. Use of the Site, the Order.com Apps, the OSocial Media, or the Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or any rights of any third party is prohibited. You agree not to use the Site,the Order.com Apps, the OSocial Media, or the Content for any unlawful purposes and to comply with any and all requests from us to protect our respective rights in the Site, the Order.com Apps, any and all content submitted by us on the OSocial Media, and the Content. You agree that you will not, directly or indirectly, access, scrape, copy or otherwise use any portion of the Site, the Order.com Apps, the OSocial Media, or the Content to, in each case, whether alone or with others, engage in any activity or provide any product or service that, in our good faith judgment, is competitive with Order.com’s products or services, or disparage or discredit Order.com or any of Order.com’s products or services. Further, you may not, and agree not to, sell, license or otherwise provide access to and/or use of any of the Site, the Order.com Apps, the OSocial Media, 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 Order.com’s products or services. You may use the Site, the Order.com Apps, any and all content submitted by us on the Site, the Order.com Apps and/or the OSocial Media, and the Content only for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site,the Order.com Apps, and/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 to the Site and/or the Order.com Apps. If you have any questions about any materials posted on the Site, and/or the Order.com Apps, we urge you contact your Order.com representative.
NON-ORDER.COM 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, the Order.com Apps, or the OSocial Media by anyone other than authorized Order.com 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 or any third party to or by otherwise using the Site, the Order.com Apps, or the OSocial Media.
By submitting any information or content to or by otherwise accessing and/or using the Site, the Order.com Apps, and/or the OSocial Media, 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.
Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site, the Order.com Apps, or the OSocial Media, whether provided by Order.com, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Site, the Order.com Apps, and/or the OSocial Media, including their quality.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
In the event you use the Site, the Order.com Apps, any and all content submitted by us on the Site, the Order.com Apps, and/ or the OSocial Media or the links included on the Site, the Order.com Apps or any and all content submitted by us on the Site, the Order.com Apps and/or the OSocial Media to gain access to any World Wide Web site or any Internet location or a source of information, including social media websites, of any company, organization or person other than Order.com, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any information, content or links found at any such sites, locations or sources, for your use of such information, content or links found at any such sites, locations or sources, or for any such sites, locations or sources use of any information or content you submit, directly or indirectly (e.g., while using the Site, the Order.com Apps or the OSocial Media). We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. Your access to or use of such links or any such sites, locations or sources may be subject to their respective terms of use and it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any non-Order.com site, location or source does not signify our sponsorship or endorsement of such site, location or source or any of the contents of such site, location or source. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.
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 our designated Copyright Agent at:
Copyright Manager Order.com, LLC 110 East 59th Street 7th Floor New York, NY 10022 Phone: 212-915-1963 Email: copyright@order.com
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;
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; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court located in New York, New York, and a statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
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.
DISCLAIMERS; CONTENT TO BE CONSULTED IN ITS ENTIRETY
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site, and/or the Order.com Apps. All materials on the Site, and the Order.com Apps are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
USER CODES
In connection with your use of or access to the Site and the Order.com 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, including, if you are accessing the Site or the Order.com Apps on behalf of any company or organization, any other employee in your company or organization. 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 Order.com 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 Order.com Apps, and the OSocial Media 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 and/or use of the Site, the Order.com Apps, and/or the OSocial Media.
CONSENT TO RECORDING OF TELEPHONE CALLS
You acknowledge that from time to time, we may record certain telephone calls used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES; SMS TEXT MESSAGES
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, the Order.com Apps, the OSocial Media, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
In connection with your use of the Site and the Order.com Apps, we, from time to time, may make available to you a text messaging service, including services designed to allow you to use your mobile phone to see and/or reorder certain of the orders you previously placed using the Site and/or the Order.com Apps.
You agree that we may send text messages to the mobile phone number you provided from time to time. Such messages may be sent by us and/or by our service provider(s), using the phone number you provided. Your mobile service carrier or provider may impose data usage, text message or other charges, including sending or receiving text messages. Messaging frequency may vary. Text messaging may not be available from all mobile phone service carriers or providers and mobile phone models, and delivery is subject to effective transmission from your carrier/network. Mobile phone service may not be available in all areas. You must provide us with a valid mobile phone number. Check your mobile phone's capabilities for specifics. Without limiting anything set forth in these Terms of Use and in addition thereto, the Order.com Parties are not responsible for incomplete, lost, delayed or misdirected content and/or information provided via SMS/text messages, including due to any filtering by your mobile service carrier or provider or lack of reception. We may from time to time change the phone number, short code, or messaging provider we use to send SMS messages. Promotional or marketing SMS messages will be sent only with your separate consent where required by law.
You can opt out at any time by texting STOP in reply to a message you receive from us. For assistance, text HELP. Opting out of receiving SMS messages from Order.com and/or its service providers may impact our ability to provide certain order‑related updates to you.
SMS consent will not be shared with third parties or affiliates. If you have consented to receive text messages from Delivery.com you may receive text messages related to your delivery order including but not limited to, grocery or food orders, or any other services we offer. If you have applied for a position with Delivery.com, we may communicate updates about your application status, onboarding materials or instructions and any other employment related updates and / or notifications. Message and data rates may apply. You can review our Privacy Policy (available at the following link: https://www.order.com/privacy ) for more information about how we collect, use, and share personal information.
DISCLAIMER OF WARRANTIES
THE SITE, THE ORDER.COM APPS, AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORDER.COM PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE, THE ORDER.COM APPS, OR THE OSOCIAL MEDIA, AND ORDER.COM PARTIES MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE OR THE ORDER.COM APPS WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE OR THE ORDER.COM 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. ORDER.COM PARTIES HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES WE OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SITE OR THE ORDER.COM APPS, OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. YOU (AND NOT ORDER.COM PARTIES) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET AND/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, THE ORDER.COM APPS, OR THE OSOCIAL MEDIA. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE OR THE ORDER.COM APPS, OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE AND THE ORDER.COM APPS ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
LIMITATION OF LIABILITY
BY USING THE SITE, ORDER.COM APPS, OR THE OSOCIAL MEDIA, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD ORDER.COM PARTIES 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 ORDER.COM APPS, THE OSOCIAL MEDIA, 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 AVAILABLE ON THE SITE, THE ORDER.COM APPS, AND THE OSOCIAL MEDIA (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NONE OF THE ORDER.COM PARTIES WILL 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) (i) you are the person to whom the User Codes you used to access the Site or the Order.com 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, or (ii) you are accessing the Site or the Order.com Apps on behalf of the company or organization to whom the User Codes you used to access the Site, and the Order.com Apps were issued by us;
(B) if you are accessing the Site or the Order.com Apps on behalf of the company or organization to whom the User Codes you used to access the Site and the Order.com Apps were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site and the Order.com Apps;
(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, the Order.com Apps, and the OSocial Media;
(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, the Order.com Apps, the OSocial Media, and/or the Content;
(E) you will access and use the Site, the Order.com Apps, and the OSocial Media in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the United States or other countries) and the terms and conditions of these Terms of Use;
(F) if we grant you access to the Site and the Order.com Apps in your individual capacity, you are of the age of majority; and
(G) you have all consents, rights and authority to provide nd submit any and all information and content provided and submitted by you or using User Codes to or otherwise using the Site, the Order.com Apps, and the OSocial Media, and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent; (3) are not meant to harm any Order.com Parties or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of any Order.com Parties or any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries).
INDEMNIFICATION
You shall indemnify and hold harmless Order.com, its affiliates and its and their partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, (ii) your access to and/or use of the Site, the Order.com Apps, the OSocial Media, and/or the Content, and/or (iii) any and all information or content submitted by you or using User Codes to or otherwise using the Site, the Order.com Apps, and/or the OSocial Media, including for claims that any of it violates, infringes or misappropriates any proprietary rights, or right of publicity, privacy or any other right of any third party.
LOCATION; GOVERNING LAW
The Site, and the Order.com Apps are published in the United States. You agree that any access to or use of the Site, the Order.com Apps, the Content, or solely between you and us, the OSocial Media, will be deemed to be entirely at our facility in New York City, under and subject to applicable New York State and United States Federal law, rules and regulations, to the same extent as if you were to physically come to our offices in New York and, without assistance or solicitation, copy material contained in our library. These Terms of Use and all the terms herein will be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts in the State of New York. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.
DISPUTE RESOLUTION
PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM ORDER.COM AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT.
I. Informal Dispute Resolution Procedure.
There might be instances when a Dispute (as defined below) arises between you and Order.com. In those instances, Order.com is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each other’s concerns. Therefore, for any Dispute that arises between you andOrder.com, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account to the following email address: dispute@order.com. Your written description must be on an individual basis and also provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. Your written description must be personally signed by you. For any Dispute that Order.com raises, we will send our written description of the Dispute to the email address associated with your account.
You and Order.com then agree to negotiate in good faith about the Dispute. This might include an informal telephonic dispute resolution conference between you and Order.com if such a conference is requested by Order.com. If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after Order.com’s receipt of the complete written description of the Dispute, you and Order.com agree to the further dispute resolution provisions below.
To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.
II. Mutual Arbitration Agreement.
You and Order.com agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms of Use or payments by or to Order.com, or that in any way relate to your use of the the Site, the Order.com Apps, the OSocial Media, the Content, your relationship with Order.com, and/or any other dispute with Order.com, (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Dispute”) shall be submitted exclusively to binding arbitration. Dispute shall have the broadest possible meaning. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement as well as claims that may arise after the termination of these Terms of Use. This Mutual Arbitration Agreement is intended to be broadly interpreted.
Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) 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 confidential or proprietary information or intellectual property rights. For clarity, this “Dispute Resolution” section does not alter, amend, or affect any of the rights or obligations of the parties to any other Order.com agreement between such parties.
ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND ORDER.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
III. Class Action and Collective Relief Waiver.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. UNLESS BOTH YOU AND ORDER.COM OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.
THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS “DISPUTE RESOLUTION” SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR ORDER.COM IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.
IV. Arbitration Rules.
The arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). The Applicable AAA Rules are available at or by calling the AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer an arbitration consistent with this “Dispute Resolution” section as written, the parties will select an alternative arbitration provider that will administer the arbitration consistent with this “Dispute Resolution” section as written. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this “Dispute Resolution” section as written.
V. Arbitration Process.
If after sixty (60) days the Informal Dispute Resolution Procedure above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration available at (Commercial Arbitration Rules) and (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at .) If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. The arbitration will be conducted by a single arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
VI. Arbitration Location and Procedure.
Unless you and Order.com otherwise agree, the arbitration will be conducted in the county where you reside. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Order.com submit to the arbitrator, unless a party requests a hearing and the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and Order.com, except as necessary to obtain court confirmation of the arbitration award.
VII. Batch Arbitration.
To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against Order.com, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate a single, different arbitrator for each batch (unless the parties agree otherwise); and (iii) provide for a single filing set of fees (for example, if AAA is the arbitration provider, one filing fee, case management fee, and arbitrator compensation fee) due per side per batch. You agree to cooperate in good faith with Order.com and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitrations” provision shall in no way be interpreted as authorizing class arbitration of any kind. Order.com expressly reserves its right to raise unique defenses as to each claimant in connection with this process.
VIII. Arbitrator's Decision.
The arbitrator will render an award within the time frame specified in the applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and these Terms of Use. The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys’ fees, costs and expenses in favor of a party.
IX. Fees.
Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable AAA Rules (as modified by section VII above). If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Order.com will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you.
X. Right to Opt-Out of Arbitration.
Order.com’s updates to these Terms of Use do not provide you with a new opportunity to opt out of the Mutual Arbitration Agreement if you previously agreed to these Terms of Use and did not validly opt out of arbitration. Order.com will continue to honor any valid opt outs if you opted out of the Arbitration Agreement in a prior version of these Terms of Use. If you create a Order.com account for the first time on or after December 14, 2021, you may opt out of this Mutual Arbitration Agreement. To opt out, you must notify Order.com in writing no later than 30 days after first becoming subject to this Mutual Arbitration Agreement. Your notice must include your name and address, the email address you currently use to access your Order.com account (if you have one), and a clear statement that you want to opt out of this Mutual Arbitration Agreement. You must send your opt-out notice to: dispute@order.com. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with Order.com or may enter into in the future with Order.com.
XI. Changes.
Order.com reserves the right to change this "Dispute Resolution" section. If Order.com changes this "Dispute Resolution" section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you agree that your continued use of the Site, the Order.com Apps, the OSocial Media, and/or the Content after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing Order.com written notice of such rejection by email from the email address associated with your account to: dispute@order.com, within 30 days of the date such change became effective, as indicated in the "Last Updated" date below. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Order.com in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use, as applicable).
MODIFICATION; TERMINATION
We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Site or the Order.com Apps (including the Content or hours of availability) and/or your access to or use of the Site, the Order.com Apps, and/or the Content. If you fail to comply with any provision of these Terms of Use, or if, in its sole discretion, Order.com modifies, suspends, terminates or discontinues your access to or use of the Site, the Order.com Apps, and/or the Content, any and all rights granted to you herein will immediately automatically terminate. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of, the Site, the Order.com Apps, and/or the Content, and your relationship with us.
FORCE MAJEURE
None of the Order.com Parties are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of Order.com, including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of the obligations of Order.com Parties with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.
MISCELLANEOUS
These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Site, the Order.com Apps, and/or the OSocial Media and to use the Content and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in these Terms of Use and other terms and conditions that are subject to these Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to." Neither you nor we may assign or delegate rights, duties or obligations under these Terms of Use without the prior written consent of the other party. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site, the Order.com Apps, and/or the OSocial Media.
ELECTRONIC DOCUMENTS
We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Site, the Order.com Apps, and/or the OSocial Media by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Site, the Order.com Apps, and/or the OSocial Media or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Site, the Order.com Apps, and/or the OSocial Media intend to form a legally binding contract between you and Order.com; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.
Last Updated: January 26, 2026
