Terms and Conditions Agreement (Page 1)

Effective: January 1, 2021

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AJ EATS LLC., A DELAWARE CORPORATION, AND ITS AFFILIATED COMPANIES, INCLUDING AJ SHELTONS, LLC (COLLECTIVELY, “AJ EATS LLC.,” “WE,” “US,” OR “OUR”).

1. Acceptance of this Agreement

AJ Eats llc. including AJ Sheltons and any wholly-owned subsidiaries, provides an online marketplace connection, using web-based technology that connects you and other consumers, restaurants and/or other businesses and independent delivery contractors (“Contractors”). Roadies software permits consumers to place orders for food and/or other goods from various restaurants and businesses (the “Software”). Once such orders are made, the AJ Eats llc. software notifies Contractors that a delivery opportunity is available and the software facilitates completion of the delivery to the consumer. AJ Eats llc. is not a restaurant, delivery service, or food preparation business.

If you access any of our websites located at https://www.AJSheltons.com and install or use our  AJ Eats Delivery or mobile application, install or use any other software supplied by AJ Eats llc., or access any information, function, or service available or enabled by AJ Eats llc. (each, a “Service” and collectively, the “Services”), or complete the AJ Eats llc. account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:

(a) you have read, understand, and agree to be bound by this Agreement;

(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with AJ Eats llc. and you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

(c)The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

2. Modifications

 Subject to Section 12(k) of this Agreement, AJ Eats llc (aka) AJ Eats-Delivery reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. 

3. Additional Terms and Policies

 By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with AJ Eats llc (aka) AJ Eats-Delivery Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional AJ Eats llc policies for Users that are published on our website or mobile application. Certain features of our Services may be subject to additional terms and conditions, which are incorporated herein by reference. 

4. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:

(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, AJ Eats llc. employees, or our community.

(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.

(c) You will only access the Services using means explicitly authorized by AJ Eats llc

(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use the Services to cause nuisance, annoyance or inconvenience.

(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user or Contractor, unless AJ Eats llc. has given you prior permission to do so in writing.

(g) You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.

(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.

(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.

(l) You will not use the Services in any way that could damage, disable, overburden or impair any AJ Eats llc. server, or the networks connected to any AJ Eats llc. server.

(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any AJ Eats llc. server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures AJ Eats llc. may use to prevent or restrict access to the Services or use of the Services or the content therein.

(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.

(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.

(q) You will not try to harm other Users, AJ Eats llc., or the Services in any way whatsoever

.

(r) You will not engage in threatening, harassing, racist, sexist or any other behavior that AJ Eats llc. deems inappropriate when using the Services.

(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.

(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first time users.

(u) You will not attempt to undertake any of the foregoing.

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

5. Contractors and Merchants Are Independent

You understand and agree that AJ Eats llc (aka) AJ Eats-Delivery provides a technology platform connecting you with independent food service providers and others that provide the products offered through the Services (“Merchants”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that AJ Eats llc (aka) AJ Eats-Delivery does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchant is the retailer; the services offered by AJ Eats llc (aka) AJ Eats-Delivery pursuant to this Agreement do not include any retail services or any food preparation services. AJ Eats llc (aka) AJ Eats-Delivery is not in the delivery business nor is it a common carrier. AJ Eats llc (aka) AJ Eats-Delivery provides a technology platform facilitating the transmission of orders by Users to Merchants for pickup or delivery by Contractors. AJ Eats llc (aka) AJ Eats-Delivery will not assess or guarantee the suitability, legality or ability of any Contractor or Merchant. You agree that AJ Eats llc (aka) AJ Eats-Delivery is not responsible for the Merchants’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Merchants and/or delivered by the Contractor, and does not verify Merchants’ compliance with applicable laws or regulations. AJ Eats llc (aka) AJ Eats-Delivery has no responsibility or liability for acts or omissions by any Merchant or Contractor. 

You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor AJ Eats llc (aka) AJ Eats-Delivery holds title to or acquires any ownership interest in any goods that you order through the Services.

6. User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify AJ Eats llc (aka) AJ Eats-Delivery immediately. AJ Eats llc (aka) AJ Eats-Delivery will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by AJ Eats llc (aka) AJ Eats-Delivery or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or AJ Eats llc (aka) AJ Eats-Delivery has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, AJ Eats llc (aka) AJ Eats-Delivery  has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the AJ Eats llc (aka) AJ Eats-Delivery services. You agree not to create an account or use the Services if you have been previously removed by AJ Eats llc (aka) AJ Eats-Delivery, or if you have been previously banned from use of the Services.

13. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AJ EATS LLC (AKA) AJ EATS-DELIVERY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding AJ Eats llc (aka) AJ Eats-Delivery  or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with AJ Eats llc (aka) AJ Eats-Delivery  as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or AJ Eats llc (aka) AJ Eats-Delivery  may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.

CASES HAVE BEEN FILED AGAINST AJ EATS LLC (AKA) AJ EATS-DELIVERY —AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

IF YOU AGREE TO ARBITRATION WITH AJ EATS LLC (AKA) AJ EATS-DELIVERY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST AJ EATS LLC (AKA) AJ EATS-DELIVERY  IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

(b) Informal Resolution. You and AJ Eats llc (aka) AJ Eats-Delivery agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and AJ Eats llc (aka) AJ Eats-Delivery therefore agree that, before either you or AJ Eats llc (aka) AJ Eats-Delivery demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify AJ Eats llc (aka) AJ Eats-Delivery that you intend to initiate an informal dispute resolution conference, email AJ Eats llc (aka) AJ Eats-Delivery providing your name, telephone number associated with your AJ Eats llc (aka) AJ Eats-Delivery account (if any), the email address associated with your AJ Eats llc (aka) AJ Eats-Delivery account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.   The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 12(b). If this notice is being sent to AJ Eats llc (aka) AJ Eats-Delivery, it must be sent by email to the counsel who represented AJ Eats llc (aka) AJ Eats-Delivery in the informal dispute resolution process, or if there was no such counsel then by mail to AJ Eats llc PO Box 824 Skiatook, OK 74070. The arbitration will be conducted under the rules and pursuant to the terms of this Agreement. Any arbitration demands filed must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration. 

(d) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and AJ Eats llc (aka) AJ Eats-Delivery. Except as expressly agreed to in Section 12(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and AJ Eats llc (aka) AJ Eats-Delivery.

(e) Waiver of Jury Trial. YOU AND AJ EATS LLC (AKA) AJ EATS-DELIVERY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and AJ Eats llc (aka) AJ Eats-Delivery are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 12(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

(f) Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 12(G) OF THIS AGREEMENT, YOU AND AJ EATS LLC (AKA) AJ EATS-DELIVERY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS EXCEPT AS SET FORTH IN SECTION 12(G). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 12(G). If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor AJ Eats llc (aka) AJ Eats-Delivery is entitled to arbitration of such claim or dispute. Inst To increase efficiency of resolution, in the event 100 or more similar arbitration demands against AJ Eats llc (aka) AJ Eats-Delivery , presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with AJ Eats llc (aka) AJ Eats-Delivery and the arbitration provider to implement such a batch approach to resolution and fees. ead, all such claims and disputes will then be resolved in a court as set forth in Section 20. This provision does not prevent you or AJ Eats llc (aka) AJ Eats-Delivery from participating in a class-wide settlement of claims.

(g) Batch Arbitrations. To increase efficiency of resolution, in the event 100 or more similar arbitration demands against AJ Eats llc (aka) AJ Eats-Delivery , presented by or with the assistance of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with AJ Eats llc (aka) AJ Eats-Delivery and the arbitration provider to implement such a batch approach to resolution and fees.

(h) Opt Out. AJ Eats llc (aka) AJ Eats-Delivery ’s updates to these Terms and Conditions do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of AJ Eats llc (aka) AJ Eats-Delivery ’s or any subsidiaries  Terms and Conditions and did not validly opt out of arbitration. AJ Eats llc (aka) AJ Eats-Delivery will continue to honor the valid opt outs of customers or Users who validly opted out of the Arbitration Agreement in a prior version of the Terms and Conditions. If you are a customer or User who creates a AJ Eats llc (aka) AJ Eats-Delivery or subsidiaries account for the first time on or after November 10, 2020, you may opt out of this Arbitration Agreement. If you do so, neither you nor AJ Eats llc (aka) AJ Eats-Delivery can force the other to arbitrate as a result of this Agreement. To opt out, you must notify AJ Eats llc (aka) AJ Eats-Delivery in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your AJ Eats llc (aka) AJ Eats-Delivery username (if any), the email address you currently use to access your AJ Eats llc (aka) AJ Eats-Delivery account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice in writing to: AJ Eats-Delivery PO Box 824 Skiatook, OK 74070. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you.

(i) No Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND AJ EATS LLC (AKA) AJ EATS-DELIVERY RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING-OUT OF THE ARBITRATION AGREEMENT SET FORTH IN THIS SECTION 12 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH AJ EATS LLC (AKA) AJ EATS-DELIVERY.

(j) Survival. This Arbitration Agreement will survive any termination of your relationship with AJ Eats llc (aka) AJ Eats-Delivery. 

(k) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if AJ Eats llc (aka) AJ Eats-Delivery makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to AJ Eats llc (aka) AJ Eats-Delivery. 

20. Termination

If you violate this Agreement, AJ Eats llc (aka) AJ Eats-Delivery may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, AJ Eats llc (aka) AJ Eats-Delivery may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, AJ Eats llc (aka) AJ Eats-Delivery reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

21.Procedure for Making Claims of Copyright Infringement.

It is AJ Eats llc (aka) AJ Eats-Delivery’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to AJ Eats llc (aka) AJ Eats-Delivery by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

22. Breach And Limitation of Liability

a) General. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 19 to keep the Software and Services simple and efficient, and costs low, for all users.

(b) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW ROADIES AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO AJ EATS LLC. IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

(c) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW AJ EATS LLC. SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY ROADIES FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY.
 

23. General  

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, AJ Eats llc (aka) AJ Eats-Delivery or any third-party provider as a result of this Agreement or use of the Software or Services.

(b) Choice of Law. This Agreement is governed by the laws of the State of Delaware consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(d) Accessing and Downloading the Application from iTunes. The following applies to any Software accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”)

(1) You acknowledge and agree that (i) the Agreement is concluded between you and AJ Eats llc (aka) AJ Eats-Delivery only, and not Apple, and (ii) AJ Eats llc (aka) AJ Eats-Delivery, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(3) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between AJ Eats llc (aka) AJ Eats-Delivery and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AJ Eats llc (aka) AJ Eats-Delivery.

(4) You and AJ Eats llc (aka) AJ Eats-Delivery acknowledge that, as between AJ Eats llc (aka) AJ Eats-Delivery and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) You and AJ Eats llc (aka) AJ Eats-Delivery acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between AJ Eats llc (aka) AJ Eats-Delivery and Apple, AJ Eats llc (aka) AJ Eats-Delivery, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

(6) You and AJ Eats llc (aka) AJ Eats-Delivery acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

(f) Notice. Where AJ Eats llc (aka) AJ Eats-Delivery requires that you provide an e-mail address, you are responsible for providing AJ Eats llc (aka) AJ Eats-Delivery with your most current e-mail address. In the event that the last e-mail address you provided to AJ Eats llc (aka) AJ Eats-Delivery is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, AJ Eats llc (aka) AJ Eats-Delivery’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. Such notice shall be deemed given on the next business day after such e-mail is actually received by AJ Eats llc (aka) AJ Eats-Delivery.

(g) Electronic Communications. For contractual purposes, you (1) consent to receive communications from AJ Eats llc (aka) AJ Eats-Delivery in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that AJ Eats llc (aka) AJ Eats-Delivery provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.

(h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AJ Eats llc (aka) AJ Eats-Delivery without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

(i) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and AJ Eats llc (aka) AJ Eats-Delivery relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.