Agreement between User and Mirco Munchie Inc. 

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Terms of Service

This notice sets forth the terms and conditions under which Micro Munchie, Inc., a Delaware corporation, any features and services from the website Micro Munchie.com and mobile applications (collectively Micro Munchie) provides information on this website, as well as the terms and conditions governing your use of this website, along with any additional terms and conditions that may be referenced herein or that are presented elsewhere on the website in relation to a specific service or feature. By making use of this website or being redirected here from another domain, you agree to be bound by the terms and conditions that appear hereunder. The terms and conditions are subject to updating at any time without notice and such changes, additions or deletions shall be effective immediately upon posting. We may terminate, change, suspend or discontinue any aspect of the website, including the availability of any features of the website, at any time. If at any time you do not accept the terms and conditions, do not access the website or any of its pages. Changes to the terms and conditions take effect when posted to the website.

 

The Micro Munchie website/app allows home-based restaurants ("Restaurants") to market and offer for sale meals for dine in, delivery, and/or pickup and customers to search for and purchase such meals. You should closely review the information concerning the Restaurants to ensure you are able to properly utilize and benefit from the Micro Munchie services. The Restaurants are obligated to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for you to understand that Micro Munchie does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws. You must make yourself comfortable through information provided by Restaurants on the Micro Munchie website or as requested by you directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws. Micro Munchie does not in any way guarantee the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as "organic," "kosher," "macrobiotic," or allergen-specific standards such as "nut-free," "gluten-free," or "lactose-free." However, Micro Munchie does not independently investigate or verify such representations. Micro Munchie shall not be liable or responsible for any food or services offered by Restaurants that are unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. You are solely responsible for verifying the accuracy of delivery addresses, and Micro Munchie shall have no liability or responsibility for any such erroneous addresses.

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NO WARRANTY

Micro Munchie SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE OR YOUR USE THEREOF. THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT AND LINKS TO OTHER SITES, ARE PROVIDED ON AN "AS IS" AND AS AVAILABLE BASIS AND MAY BE CHANGED WITHOUT PRIOR NOTICE. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Micro Munchie MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, ADEQUACY, APPROPRIATENESS, COMPLETENESS, CONDITION, CONTENT, QUALITY, RELIABILITY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEBSITE OR WHETHER SAME WILL BE UNINTERRUPTED. Micro Munchie EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

LIMITATION OF LIABILITY

THE INFORMATION CONTAINED ON THE Micro Munchie WEBSITE IS PROVIDED FOR EDUCATIONAL AND INFORMATION PURPOSES HEREIN. Micro Munchie DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR AVAILABILITY OF THE CONTENT ON THIS WEBSITE OR ON OTHER SITES TO WHICH IT LINKS. OTHER THAN AS REQUIRED BY APPLICABLE LAW, IF ANY, IN NO EVENT SHALL Micro Munchie OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, COMMUNITY, AFFILIATES, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, AND ANY AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THIS WEBSITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT, REGARDLESS OF: THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME, PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES - EVEN IF Micro Munchie HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, INABILITY TO USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THIS WEBSITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE); OR THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). Micro Munchie ASSUMES NO DUTY OF CARE AND THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES OR SIMILAR DISABLING DEVICES. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, ADVICE OR OTHER CONTENT AVAILABLE ON THIS WEBSITE. ALTHOUGH WE MAKE GOOD FAITH EFFORTS TO MAINTAIN A SECURE OPERATING ENVIRONMENT, WE CANNOT GUARANTEE COMPLETE SECURITY. BY VISITING Micro Munchie WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD Micro Munchie, AND ITS SUBSIDIARIES, COMMUNITY, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the website and related services.

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ARBITRATION AND WAIVER OF CLASS ACTION AND JURY TRIAL

ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS TERMS AND CONDITIONS ARE TO BE SETTLED BY BINDING ARBITRATION IN SAN FRANCISCO. YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES, WHETHER SUBMITTED TO ARBITRATION OR DECIDED BY A COURT, MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. YOU AND Micro Munchie HEREBY VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO TRIAL BY JURY OF ALL DISPUTES AND CLAIMS BY, BETWEEN OR AGAINST EITHER YOU OR Micro Munchie WHETHER THE DISPUTE OR CLAIM IS SUBMITTED TO ARBITRATION OR IS DECIDED BY A COURT, TO THE FULLEST EXTENT ALLOWED BY LAW.

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Reviews and Comments

If at any time, Micro Munchie enables site visitors to post reviews of and comments on products featured on the site, the party posting that comment or review grants Micro Munchie and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant Micro Munchie and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.

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Intellectual Property

All of the information on this website contain copyrighted material, trademarks and other proprietary information, including all text, graphics, software applications, video and audio files and photos (collectively, "content"), and all rights in the pages and the screens displaying the pages are owned by Micro Munchie and its community or affiliated entities or their licensors, protected by copyright under United States copyright laws and foreign laws. Micro Munchie owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of the website or its content, including, but not limited to copy, graphics, photos, web design, and the like for commercial or public purposes or on any other website or in a networked computer environment or engage in any other redistribution or republication of the protected content herein. All rights are reserved, including common law or registered trademarks, service marks, trade names, logos, URLs, domain names, and icons appearing on this website, which are owned by Micro Munchie and its community or affiliated entities or their licensors. Nothing on this website grants you any right or license to use any intellectual property including business methods or processes without the express written permission of Micro Munchie. No material appearing on any Micro Munchie domain may be copied, distributed, posted, reproduced, republished, sold, transmitted, uploaded, or exploited in any means or for any use not approved of in writing by Micro Munchie. You agree not to copy, duplicate, reproduce, sell, resell or exploit for any commercial purposes, any portion of this website, its use or access to it. You further acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any information sent to Micro Munchie via Internet e-mail or through the website is not secure and is done on a non-confidential basis. All information that you submit via our websites or related e-mail shall be deemed and remain the property Micro Munchie subject to our Privacy Policy. If you post, upload, submit or otherwise transmit any content on or through this website, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to these terms of use. We shall, subject to our Privacy Policy, be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this website provides to us through this website. We shall not be subject to any obligations regarding such information except as expressly indicated with respect to personally identifiable information in statement contained within the website addressing privacy or to the extent required by law.

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Hypertext Links

You may create a text link to the home page of this website only for legitimate business reasons on the condition that it is clear to the users that they are exiting your own website and entering a new website, you do not frame or in-line our website or its content, and you do not create a false association or endorsement or otherwise misrepresent your relationship with Micro Munchie. Likewise, as a convenience to you, Micro Munchie may provide links to third party websites, or permit third parties to link to this website. Because these other websites are not under our control, we cannot guarantee the quality, accuracy, timeliness or security of those websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Micro Munchie and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A link to or from another website does not necessarily imply an affiliation between Micro Munchie and the third party website owner or an endorsement of the third party site or any products or services that it describes. Your access to and use of any other websites linked to or from this website or any result of the presence of third-party advertisers on this website is at your own risk and we assume no obligation or liability in connection therewith. We may disable a link at any time and may remove links from this website at the third party owner's request.

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Products and Services Disclaimer

Please note that none of the information contained in this website should be viewed as a formal offer to sell or as a direct solicitation to purchase any of our products or services, nor should it be considered advice. Rather, the information on our products and services is provided to you so that you can learn what Micro Munchie can offer. We may make improvements and/or changes in the products, services and/or programs described on this site at any time without notice. Information on the website may include references to products or services not offered in your state or country or not available for purchase over the Internet in your state or country. Variations in state law may exist, and any statements that are general in nature are subject to change based on such variations. Availability of products or services may be dependent upon state regulations.

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International Users

These Terms and any operating rules for this website established by Micro Munchie constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these terms are for the benefit of Micro Munchie, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. This website is controlled and operated by Micro Munchie from offices within the United States of America where you submit to the exclusive jurisdiction and venue of the courts in the state of California. We make no representation that materials at this website are appropriate or available for use outside of the United States or that access to their content from all territories is legal. You may not use the website or export the website materials in violation of U.S. laws and regulations. If you access this website from locations outside of the United States, you are responsible for compliance with all local laws. These terms and conditions which you have agreed to by visiting this website must be governed by the laws of the state of California, without giving effect to its conflict of laws provision.

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Ordering Products and Services

You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of Micro Munchie websites. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Micro Munchie website or use the Micro Munchie website services. All ordering is performed online. You will typically be billed directly by Micro Munchie for your orders, and "Micro Munchie" will be the name that appears on your payment records, but Micro Munchie shall not in any manner be considered the seller of the food. On occasion, credit card information will be provided to the Restaurants, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly. In such case, you hereby authorize Micro Munchie to transfer your credit card information to the Restaurant for processing.

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Prices and Availability

All prices listed on Micro Munchie websites are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Micro Munchie shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card account charged. If your credit card account has already been charged for the purchase and your order is canceled, Micro Munchie shall immediately issue a credit to your credit card account in the amount of the charge. The availability of products or services and other items on each of Micro Munchie websites may change at any time, without notice.

Special offers

Micro Munchie might offer premiums, subject to the terms and conditions expressly specified by Micro Munchie.

 

Terms of Purchase

Payment is due at the time of order. You agree to pay all fees and charges incurred in connection with your purchases, including any sales taxes, surcharges and any delivery fees for the delivery service you select. The final charges for your order may be different than those stated on the website. Micro Munchie does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. Micro Munchie may require additional verification or information before accepting any order. By selecting to pay via credit card as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit card number information and associated payment information, including, but not limited to, the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. If Micro Munchie does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Micro Munchie or its agents. The final charges on your credit card may be different than those stated on the website. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges, if any. Micro Munchie does not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase is subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities. Without limiting other remedies, Micro Munchie reserves the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.

 

Questions and Suggestions

If you have questions or suggestions, please contact us at support@micromunchie.com.This agreement to which you consent constitutes the entire agreement between you and Micro Munchie and its affiliated companies with respect to your use of our website.

 

Refunds Policy

If you need to cancel, return, or exchange an item, the merchant you purchased your meal from is the best person to help you. Each merchant on Micro Munchie manages their own orders and makes decisions about cancellations, returns, exchanges, and refunds.

 

How do refunds and returns work on Micro Munchie? Merchants are not required to accept cancellations, returns, provide exchanges, or refunds unless stated in the merchant profile. If the merchant is willing to accept (cancellations, returns, exchanges or refunds), be sure to settle on the details in a message before returning the item. What are merchant policies? Each merchant on Micro Munchie is responsible for setting their own policies regarding cancellations, refunds, exchanges, and returns. Please, keep this in mind when exploring and make sure to review merchant profiles for policy details.