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Effective: February 14, 2018

Welcome to our site! We are so happy you are here, and we can't waitto deliver you food happiness, but before you use the site, pleaseread these terms of use carefully!
 
THE SECTION BELOW ENTITLED "DISPUTE RESOLUTION" HAS A MANDATORY ARBITRATION PROVISION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.
 
ABOUT NOSHSQUAD
We own and operate this website (noshsquad.com), the related mobile sites and mobile applications, and selected other domains(collectively, the "Sites"). These terms of use, as updated from time to time(the"Agreement") constitute a contract between you and us and govern your use of the Sites at all times. What does that mean? It means that by accessing and/or using the Sites, you agree to all the terms and conditions of this Agreement. If you do not agree, do not use the Sites. As used in this Agreement, "NOSHSQUAD," "we," "us," and"our" shall mean NOSHSQUAD, Inc. and its subsidiaries and affiliates.

NOSHSQUAD provides an online technology platform and mobile application that connects hungry diners with local takeout restaurants(together, the "Platform"). Through the Platform, diners may order food to be delivered to them from particular restaurant sin cities throughout the United States and other territories where NOSHSQUAD provides such services. NOSHSQUAD is not a restaurant or food preparation entity.

The restaurants available on our Sites operate independently and have either entered into agreements with us or allow us to use their online services (non-partner restaurant) to provide the food and delivery services available to you on the Sites. The 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 food preparation and safety and menu disclosure; NOSHSQUAD is not responsible for the restaurants' food preparation or safety and does not verify any restaurant's compliance with applicable laws. In addition, NOSHSQUAD does not guarantee the quality of what the restaurants sell, nor does it guarantee the services provided by the restaurant, including in those cases where the restaurant provides the delivery services. In addition, NOSHSQUAD does not independently verify representations made by restaurants regarding their food, including without limitation any menu- or restaurant-level descriptors or disclosures.

Some deliveries are provided by NOSHSQUAD s network of independent delivery service drivers ("Drivers"). Drivers have entered into agreements with NOSHSQUAD  which require Drivers to comply with all applicable federal, state and local laws, rules and regulations, including without limitation traffic laws, requirements of the applicable Department of Motor Vehicle, and applicable insurance requirements. NOSHSQUAD shall not be liable or responsible for any delivery services provided by Drivers or any errors or misrepresentations made by them.
 
USING NOSHSQUAD
You may only use the Sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Sites, and your parent or legal guardian must read and agree to this Agreement prior to your using the Sites.Notwithstanding the foregoing, you are prohibited from using theSites if you are under the age of 13. If you are using the Sites on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that organization.
Use of the Sites to order requires that you register and/or create an account ("Account"). To register and create an Account, you must create a username and password and provide certain personal information. In consideration of the use of the Sites' services, 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 keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, including having an invalid or expired payment method on file, or NOSHSQUAD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NOSHSQUAD has the right to block your current or future use of theSites (or any portion thereof) and/or terminate this Agreement with ou. You acknowledge that if NOSHSQUAD advances payment for certain of your orders placed via the Platform on your behalf, NOSHSQUAD shall separately send you invoices for payment of those advances. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the “Payment Due Date”), you grant NOSHSQUAD the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment DueDate, unless prohibited by law.

You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify NOSHSQUAD of any known or suspected unauthorized use(s) of your password orAccount, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. NOSHSQUAD will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
 
OUR CREDIT POLICY
Unless prohibited by law, in the event of any error in your order orthe amount you were charged, you are entitled to a credit, providedit is brought to our attention within 3 days of your order date.Ifyou do not raise the issue within 3 days of your order date, youwaive the ability to receive a credit for any error.
 
OUR MATERIALS AND LICENSE TO YOU
With the exception of User Content (defined below), the Sites and everything on them, from text to photos to videos to graphics and software, (collectively, the "Materials") are owned by or licensed to NOSHSQUAD  The Sites and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Sites and except for the trademarks, service marks, logos and trade names of other companies that are displayed on theSites, all trademarks, service marks, logos, trade dress and trade names are proprietary to NOSHSQUAD  including without limitation, NOSHSQUAD. Please be advised that NOSHSQUAD enforces its intellectual property rights to the fullest extent of the law.

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Sites and/or the Materials for your personal use, solely as expressly permitted by thisAgreement and subject to all the terms and conditions of thisAgreement, all applicable intellectual property laws, and anyAdditional Terms (as defined below)contained on the Sites. Any other use of the Sites and/or the Materials is strictly prohibited.NoMaterials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Sites should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Sites without the express written permission of NOSHSQUAD or the appropriate third party owner, as applicable.

If you download any Materials or software from the Sites, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software and/or related Materials and to a human-perceivable form for any purpose, including without limitation, to build a product and/or service competitive with theSites and its related services. NOSHSQUAD reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to theSites' features, look and feel, and functional elements and related services.
 
YOUR CONTENT AND CONDUCT
I. User Conduct By accessing the Sites, you agree:
    •    to comply with all applicable laws regarding online conduct and submission of acceptable User Content;
    •    not to use the Sites or the services or submit content to the Sites if you are under the age of 13;
    •    not to use the Sites to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
    •    not to access the Sites or services using a third-party's account/registration without the express consent of the account holder;
    •    not to attempt, through any means, to gain unauthorized access to any part of the Sites and/or any service, other account, computer system and/or network connected to any NOSHSQUAD server;
    •    not to attempt to impersonate another user or person;
    •    not to advertise, or solicit ,any user to buy or sell any products or services, unless authorized by NOSHSQUAD;
    •    not to deep-link to the Sites and/or access the Sites manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Sites and/or anyMaterials and/or other content on the Sites, unless NOSHSQUAD has given you specific permission to do so in writing;
    •    not to conduct any kind of systematic retrieval of data or other content from the Sites;
    •    not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
    •    not to use the Sites in any manner that could damage, disable, overburden and/or impair any NOSHSQUAD server, or the network(s) connected to any NOSHSQUAD server, and/or interfere with any other party's use and enjoyment of the Sites;
    •    not to transmit any chain letters or junk email;
    •    not to use any information obtained from the Sites or the NOSHSQUAD services in order to contact, advertise to, solicit, or sell to any user or restaurant;
    •    not to sell or transfer your profile;
    •    not to use the Sites to engage in commercial activities apart from sanctioned use of NOSHSQUAD services;
    •    not to use the Sites as part of an effort to compete with NOSHSQUAD, the Sites, or the NOSHSQUAD services;
    •    not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
    •    not to license, sell and/or otherwise provide access to and/or use of the Sites to any third party, including without limitation to build a competitive product and/or service;
    •    not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Sites;
    •    not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
    •    not to harass, annoy, intimidate or threaten any NOSHSQUAD employees or agents engaged in providing any portion of NOSHSQUAD's services;
    •    not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sites or NOSHSQUAD's services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
    •    not to delete the copyright or other proprietary rights notice from any User Content or any portion of the Sites or NOSHSQUAD's services;
    •    not to upload or transmit viruses or other harmful, disruptive or destructive files;
    •    not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners); and
    •    not to use the Sites for any illegal purposes.

You agree that the consequences of commercial use or re-publication of User Content or Materials from the Sites 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 NOSHSQUAD will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.
II. Content You Provide NOSHSQUAD may provide you with interactive opportunities (i) on the Sites, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants, as well as (ii)through other communications with you, including, without limitation, through SMS or MMS text/multimedia messages(collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, upload, post, publish and/or otherwise make available to NOSHSQUAD through the Sites or otherwise in connection with your use of our services ("User Content"). UserContent includes textual, visual, or audio content and information, whether transmitted via the Sites, SMS or MMS text/multimedia message, or otherwise.

III. Use of Your Content You grant NOSHSQUAD an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content in connection with NOSHSQUAD s business and in all forms of media now known or hereafter invented(collectively, the "Uses"), without notification to and/or approval by you. You further grant NOSHSQUAD a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a NOSHSQUAD diner, to attribute UserContent to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the Sites or the services we provide, NOSHSQUAD shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.

User Content transmitted to certain parts of the Sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Sites, including without limitation in a compilation format, and as such will be publicly visible and accessible. NOSHSQUAD and its officers, directors, employees, parents, subsidiaries, affiliates, 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 theReleased Parties from, any and all liability for the action of any and all third parties with respect to User Content.

IV. Conduct within Interactive Areas By transmitting UserContent, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Sites. We do our best to encourage civility and discourage disruptive communication on theSites. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
    •    is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically and/or otherwise objectionable;
    •    has a commercial, political or religious purpose;
    •    is false, misleading and/or not written in good faith;
    •    infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
    •    is illegal and/or promotes illegal activity;
    •    contains unauthorized advertising and/or solicits users to a business other than those on the Sites; and/or
    •    is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Sites or other websites.

NOSHSQUAD may monitor any and all use of the Sites; however, we are under no obligation to do so. We may manage the Sites in a manner intended to protect our property and rights and to facilitate the proper functioning of the Sites. If any User Content or conduct on our Sites violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Sites; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such User Content or Materials; and we further reserve the right to terminate or suspend access to anyInteractive Areas or any Sites. NOSHSQUAD will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with User Content.

V. Ratings and Reviews The Sites and other Interactive Areas may allow you to rate and post reviews of restaurants and other businesses ("Ratings and Reviews"). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and the Sites' standards of conduct. Ratings and Reviews are not endorsed by NOSHSQUAD, and do not represent the views of NOSHSQUAD NOSHSQUAD or of any affiliate or partner of NOSHSQUAD  NOSHSQUAD does not assume liability for Ratings andReviews or for any claims, liabilities or losses resulting from anyRatings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content.Therefore, allRatings and Reviews must comply with the following criteria:(1)before posting a Rating or Review, you must have had first-hand experience with the restaurant; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants' products, services or conduct; and (4)your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Sites may be removed or excluded by us without notice.

COMMUNICATIONS & TEXT MESSAGES
By voluntarily providing your cell phone number to NOSHSQUAD  you agree that NOSHSQUAD may contact you by telephone, text(SMS), or multimedia (MMS) messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such messages may be sent using an automatic telephone dialing system.You may unsubscribe from receiving text messages from NOSHSQUAD atany time. To revoke your consent to receiving SMS or MMS messages from NOSHSQUAD, please follow the unsubscribe procedures described below.

Diners placing orders through the Sites may receive messages from NOSHSQUAD about each order. To unsubscribe from order-related text messages, just reply to the message by texting "STOP" to the number sending the message using the phone number that is receiving the message. To re-subscribe, text “START” to the same number. If you need assistance, text“HELP”.

Additionally, diners may receive text messages from NOSHSQUAD following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback texts by replying 6.   A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to acton behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification to our copyright agent at: dmca@noshsquad.com

TERMINATION AND VIOLATIONS OF THE AGREEMENT
This Agreement is effective until terminated by you or NOSHSQUAD as described below. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any provisions of this Agreement. Further, NOSHSQUAD 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 Sites from a particular account, device and/or IP address. You may terminate this Agreement at any time by closing your account, uninstalling the mobile application, and ceasing use of the services provided herein.

NOSHSQUAD also reserves the right to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.

CHANGES TO THE AGREEMENT
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of thisAgreement will always be posted under the "Terms of Use" tab("Updated Terms").If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by theUpdated Terms, and if you do not agree to the Updated Terms, you will stop using theSites. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

GOVERNING LAW

You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in thisAgreement shall be governed by and construed in accordance with the laws of the State of Mississippi, without regard to its conflict of laws principles.

DISPUTE RESOLUTION
I. Arbitration You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in anyway relate to your use of the Sites, the Materials and/or other content on theSites, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to pre-hearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and NOSHSQUAD are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and NOSHSQUAD otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Use.You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.

II. Arbitration Rules The arbitration will be administered by the American Arbitration Association("AAA") in accordance with theCommercial Arbitration Rules and the Supplementary Procedures forConsumer Related Disputes (the "AAARules") then in effect, except as modified by this "Dispute Resolution"section. (The AAA Rules are available at www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425& orby calling the AAA at 1-800-778-7879).The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

III. Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand forArbitration as specified in the AAA Rules.(The AAA provides a formDemand for Arbitration at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTAGE2034889&RevisionSelectionMethod=LatestReleased and a separate affidavit for waiver for California residents only at https://www.adr.org/cs/idcplg?IdcService=GET_FILE&dDocName=ADRSTG_004304&RevisionSelectionMethod=LatestReleased.)The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA's roster of consumer dispute arbitrators.If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAARules.

IV. Arbitration Location and Procedure Unless you and NOSHSQUAD otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and NOSHSQUAD submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the 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.