PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE GRUB RUNNER IN-SEAT DELIVERY SERVICE OR ANY OTHER SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE GRUB RUNNER IN-SEAT DELIVERY SERVICE OR ANY OTHER SERVICES PROVIDED BY US.
These terms of service (these “Terms”) apply to your access and use of the SMS service, the live ordering service, and the website located at www.grubrunner.co (collectively, the “SMS Service”) provided by Grub Runner, LLC. (“Grub Runner”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Service as well as the ability to purchase of third party goods through the Service. The SMS Service and the services therein are collectively referred to as the “Service.”
1. GRANT AND RESTRICTIONS. Subject to the terms, conditions and limitations set forth in these Terms, Grub Runner grants you a non-exclusive, non-transferable and revocable license to use the SMS Service on any device that you own or control. Unless you are otherwise notified, the terms of this license will also govern any upgrades provided by Grub Runner in connection to the SMS Service. The license granted herein does not transfer any ownership of Grub Runner’s property to you and you shall reframe from or authorize others either direct or indirectly from doing any of the following: (i) rent, lease, lend, sell, redistribute or sublicense the SMS Service; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the SMS Service, including any upgrades or any part thereof without express written permission from Grub Runner (the foregoing restrictions shall not apply to items in the public domain); (iii) modify, adapt, hack or emulate the Service; Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; (iv) collect any personally identifiable information about other users (v) interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner. If you violate any of the foregoing restrictions, your right to use of the SMS Service will immediately cease, and Grub Runner may exercise its rights to protect its property, which may subject you to prosecution and damages. Grub Runner reserves all rights not expressly granted to you in these Terms.
3. DEVICE USAGE TERMS AND CONDITIONS. You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider. The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.
4. REPRESENTATION BY YOU. You represent and warrant that (i) you are 18+ years old (or the age of majority in your jurisdiction); (ii) the information you provide to Grub Runner is accurate, current and complete; (iii) in the event that any information you provide to Grub Runner has changed you shall promptly notify us about such change, in order to keep it accurate, current and complete; (iv) you accept all risk of unauthorized access to any information you provide to Grub Runner; and (v) you agree to abide by the Terms and all applicable local, regional, national, international laws.
5. COMPATIBILITY WITH MOBILE DEVICES. Grub Runner does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.
6. PRODUCT DESCRIPTIONS. Grub Runner is strictly a delivery service that makes it possible for those using its Services to make purchases and/or enter into transactions with the stadium concession stands or third party vendors and that Grub Runner is not a party to such transactions. Grub Runner is not responsible for the quality, or any other aspect of such purchase items and you hereby agree not to hold Grub Runner liable or responsible to you or any other person as a result of the quality of the item or service purchase from the stadium concession stands or third party vendor through the Services. If there is a mistake with your order, let the Grub Runner delivery runner know right away and we will gladly go and get your order fixed and redelivered to you. Failure to let the runner know of the mistake upon receipt of delivery may cause the runner not to be able to fix the mistake.
7. ACCURACY Grub Runner attempts to be as accurate as possible and strives to work closely with the stadium concession stands & third party vendors to accurately display the prices sold by vendors and as advertised by them. If you have reason to believe that an item you purchased through the Service does not meet the claims advertised within the Service, you must contact the stadium concessionaire or third party vendor immediately.
8. ADVERTISED PRICES. Grub Runner makes no guarantee that the prices advertised through the Service represent the published price for the item on another website or publication not affiliated with Grub Runner.
9. PURCHASING ITEMS FROM GRUB RUNNER. By purchasing an item using our Service, you are representing the following: (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the posted price for the item. Posted prices for the items include applicable taxes, credit processing fees and our delivery service fee. Cancellation and full refunds is subject to the stadium concessionaire & third party vendors cancellation and return policy and you agree to bring such claims directly to the stadium concessionaire & third party vendor who provided the item purchased. Refunds on delivery fees are subject to Grub Runner’s sole discretion.
10. OUR PROMISE OF PROMPT DELIVERY. Grub Runner strives to deliver your purchases as promptly as possible. However, given the busy nature of delivering orders at a live event, this provides no guarantee as to when your order will be delivered.
11. NO-SHOW DURING DELIVERY. Orders placed through the Service will be delivered to your seating location as provided by you within the venue location (“Designated Seating Location”). If you are not present at the Designated Seating Location during our delivery, our runner will continue through its delivery route and attempt a second delivery to you upon the completion of its initial delivery route. If you are not present at the Designated Seating Location during the runner’s second delivery attempt, you will be notified and your purchase will be held at the stadium’s concession stands or third-party vendor’s facility for your pick-up. Your absence from the Designated Seating Location shall not release you from your obligation to pay for the fees associated with your use of the Service.
12. E-MAIL COMMUNICATIONS. When you use the Service or provide us with your email address & phone number, you consent to receiving electronic communications from our partners or us. This communication may be sent to you via the email address provided by you or via SMS or MMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
13. RELATIONSHIP WITH THIRD-PARTY. Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The third-party, providing the product or service made available through the service, are independent contractors and not agents or employees of Grub Runner. Grub Runner is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these third-party providers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
14. THIRD-PARTY CONTENT. Grub Runner may provide third-party product and services via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in their information. Grub Runner does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Grub Runner is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.
15. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES. Grub Runner may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Grub Runner is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Grub Runner advertisers or third-party information accessible via the Service.
16. OWNERSHIP. The Service (including, but not limited to, the Application) contains the valuable proprietary content of Grub Runner and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service (including, but not limited to, the SMS Service) except in its intended manner in accordance with the terms and conditions of these Terms.
17. SUGGESTIONS. If you provide any suggestions to Grub Runner or its licensors, Grub Runner will own all rights, title, and interests in and to those suggestions, even if you have designated the suggestions as confidential. Grub Runner and its licensors will be entitled to use the suggestion without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the suggestions and agree to provide Grub Runner with any assistance required to document, perfect, and maintain Grub Runner’s rights in the suggestion.
18. TERMINATION OR MODIFICATION OF APPLICATION. Grub Runner reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the SMS Service) at any time without notice. In no event will Grub Runner be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the SMS Service).
19. MODIFICATION AND CHANGES TO THE TERMS. Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. Grub Runner reserves the right to make changes to the Terms under this agreement and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service after the effective date of such changes shall be deemed as your acceptance of the revised Terms. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Service.
20. TERMINATION OF SERVICE. Grub Runner may, at any time, terminate the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion. At Grub Runner’s discretion, purchases made by you prior to the termination of the Service shall be given effect as if the Service has not be terminated or Grub Runner shall cancel all such purchase and provide you with a refund. You may terminate your use of the Service at any time and for whatever reason, however you shall remain responsible for all purchase made by you prior to the termination. You are not obligated to advise Grub Runner of such termination, however, if you would also like us to delete your account and your personally identifiable information, please email us at firstname.lastname@example.org. On receiving such a request, Grub Runner will use reasonable efforts to delete such personally identifiable information provided, however please note we may not delete information immediately from our back-up systems and we may retain a copy of your records for legal and financial references.
21. ACCOUNT TERMINATION Grub Runner retains the right to restrict your access to the Service and discontinue your use of the Service, at any time and for any reason Grub Runner deems appropriate, at its sole and absolute discretion. To the extent possible, we will advise you of your account termination.
23. INFORMATION AND PRESS RELEASES. Our website or Service may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
24. DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE SMS SERVICE) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE SMS SERVICE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRUB RUNNER DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE SMS SERVICE) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT GRUB RUNNER KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. GRUB RUNNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SMS SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SMS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY GRUB RUNNER OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
25. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GRUB RUNNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE SMS SERVICE), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF GRUB RUNNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL GRUB RUNNER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE SMS SERVICE) EXCEED $100.00 UNITED STATES DOLLARS.
26. INDEMNIFICATION. You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; or (ii) your violation of these Terms or your violation of the rights of any third party.
27. APPLICABLE LAW AND VENUE. The Terms and your use of the Service, including, but not limited to, the SMS Service will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and Grub Runner will submit to the exclusive jurisdiction of the state and federal courts in the State of California.
28. EXPORT LIMITATIONS. You may not use or otherwise export or re-export the SMS Service except as authorized by United States law and the laws of the jurisdiction in which the SMS Service was obtained. In particular, but without limitation, the SMS Service may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the SMS Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SMS Service for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
29. US GOVERNMENT RIGHTS. The SMS Service and related documentation are “Commercial Items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through § 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
30. ASSIGNMENT. You may not assign or transfer your rights in and to the Service, without the prior written consent of Grub Runner. Grub Runner may assign its rights in and to the Service to a third party at its sole and absolute discretion, provided that the third party undertakes Grub Runner’s obligations to you under these Terms.
31. MISCELLANEOUS. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The failure of Grub Runner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. “Grub Runner” and any other logos displayed within the Service are trademarks of Grub Runner or its licensor.