Last updated: October 23, 2016
Welcome to Meals and Go (“Meals and Go”), a weekly prepared meals service provided by And Go Concepts, LLC, also doing business as Salad and Go Gourmet Salad Drive Thru (“Salad and Go,” and together with Meals and Go, “And Go Concepts,” “we,” “our,” or “us”). Please read these Terms and Conditions (these “Terms”) carefully. By using the Meals and Go website at www.mealsandgo.com (the “Site”), and any other online properties we operate and on which these Terms appear (collectively, the “Services”), you accept and agree to be bound by these Terms.
THESE TERMS REPRESENT A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE ANY PART OF THE SERVICES.
To use the Services, you represent that you have reached the age of majority where you live (generally, 18 years of age), are capable of forming and if acting on behalf of a business have the legal authority to form a binding contract with us, and are not barred from using the Services under applicable law.
Changes to these Terms or the Services
We may modify these Terms and/or the content of the Services at any time, in our sole discretion. If we materially modify these Terms, we will also revise the “last updated” date above, which will serve as the effective date unless otherwise stated. Updates to the content of the Services will be effective upon publication. If the changes are material, we’ll let you know either by posting a notification about the modified Terms and/or modified content of the Services on the Services, or through other communications. It’s important that you review any modified Terms because continued use of the Services after modification indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
The Services provide users with the ability to order online customizable (as explained below), prepared meals for the week, for pickup at select Salad and Go store locations.
All ordering for Meals and Go meals (“Meals”) is conducted by users online through the Site. To place a Meals order, you must select a subscription plan (“Plan”) and register for an account (“Account”).
A Plan is a continuous weekly subscription of Meals. We reserve the right to change the Plans we offer, in accordance with the “Price or Plan Changes” section below.
We do not deliver Meals to you; rather, by placing an order with us, you commit to picking up your Meals at a Salad and Go store location (“Meal Pickup Location”) on a designated day of the week (“Meal Pickup Day”), both of which you select. We reserve the right to limit the availability of Meal Pickup Locations and Meal Pickup Days based on user demand and the availability of our resources. The availability of Meal Pickup Locations and Meal Pickup Days will be made known to you upon ordering. You may adjust your pickup preferences at any time prior to the Order Deadline (as defined below) by logging into your Account and clicking on “Edit Plan” to change these selections.
Meals are packaged six (6) to a box. The number of Meals boxes you receive in an order will vary based on the size of your Plan. For example, a 6-Meal Plan will comprise one (1) Meals box per week, while a 12-Meal Plan will comprise two (2) Meals boxes per week, and so forth, based on the Plans then offered.
Unless you pause or cancel, orders will be automatically recurring each week and based on your selections for Meals, Meal Pickup Location, and Meal Pickup Day from your most recently completed order, with an automatic charge to your credit card. See the “Continuous Subscription; Charges” section below.
You may pause, cancel or modify your Plan or order at any time, in accordance with the “Cancellation Policy; Modifications” section below. Once your order is ready, you will be notified by email and required to collect your Meals at the Meal Pickup Location on the Meal Pickup Day. Meals not collected on the Meal Pickup Day risk being discarded due to space constraints.
2. Account Registration
When you register for an Account, you will be required to provide us with some information about yourself, including your name, email address, phone number, billing address, and credit card information. By providing your credit card information, you authorize us to provide your payment information to third parties so we can process your order. We do not store your credit card information. You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times.
When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your login information, including your password. If you have any reason to believe that your Account has been compromised or accessed by a third party, you agree to notify us by email immediately at email@example.com. You will be solely responsible for any charges incurred due to any unauthorized use of your Account.
3. Continuous Subscription; Charges
When you subscribe to a Plan, you expressly acknowledge and agree that (a) we are (or our third-party payment processor is) authorized to charge your credit card weekly on or around the Order Deadline (as defined below) for your Plan, in an amount equal to the applicable price listed for the Plan that you select (plus any applicable taxes and other charges), for as long as your Plan continues; and (b) your Plan is continuous until you pause or cancel it, or we suspend or stop providing access to the Services in accordance with these Terms. You may pause or cancel your Plan at any time, in accordance with the “Cancellation Policy; Modifications” section below.
In addition, as a weekly subscriber of customizable Meals, you understand and acknowledge that failure to select your Meals for an upcoming order will result in us selecting Meals for you to complete your order pursuant to your Plan, payment for which you will be responsible. In such an instance, we will customize your order based on your selections from your most recently completed order and the current menu. For example, if you fail to customize your Meals for a given week or to pause or cancel your Plan by the Order Deadline, and your last order had included a Featured Meal that is no longer available, we will select either a new Featured Meal or an additional non-Featured Meal with a protein you had selected in your last order, so that we can complete your current order.
4. Cancellation Policy; Modifications
You may pause, cancel or modify your Plan or order at any time prior to your order becoming final and entering our production reporting system (“Order Deadline”), which will generally be no later than four (4) days prior to your Meal Pickup Day, but in any case will be the time and date as shown in your Account page on the Site. To pause or cancel, you must do so through your Account page by clicking “Edit Plan.” From here, you may pause or cancel your Plan. From your Account page, you may also edit your Meal choices for the upcoming week(s). If you pause, your Plan will be placed on hold until you reactivate it. If you cancel, your Plan will be terminated, and you risk losing your Meal Pickup Location should you reactivate, as your Meals space at the Meal Pickup Location will be released to other users. Note that Plans paused for more than four (4) weeks consecutively, or for more than six (6) weeks cumulatively within any two (2) month period, will be deemed canceled and will be automatically terminated.
Please note that any requests received after the Order Deadline to pause or cancel your Plan, to edit your Meals, or to otherwise modify your order will not be accepted or take effect until the next order cycle (i.e., following week) and you will be responsible for all charges (including any applicable taxes and other charges) incurred prior to that time.
5. Credits and Refunds
Orders are considered final upon the Order Deadline; however, we reserve the right to offer a credit or refund for a purchase, based on our sole discretion. In addition, if something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason; if we do cancel your order, we will refund you any payment you may have already remitted to us for that order.
6. Price or Plan Changes
We reserve the right to change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Changes to these Terms or the Services” section above. Unless otherwise indicated, price and Plan changes will take effect as of the next order cycle following the date on which we provide notice to you of the price or Plan change. By continuing to use the Services after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by canceling your Plan prior to the effective date of the price or Plan change. As with all orders, any changes, including requests to pause or cancel, received after the Order Deadline will not be processed until the next order cycle (i.e., the following week).
We reserve the right to limit or change at any time and in our sole discretion the availability of Meal Pickup Locations, Meal Pickup Days, and any particular pickup date. The availability of Meal Pickup Locations and Meal Pickup Days will be made known to you upon ordering. In addition, there may be circumstances beyond our control, including but not limited to an unforeseen store closure (even if only temporary), affecting our ability to deliver your order to the Meal Pickup Location or on the Meal Pickup Day you had selected, notwithstanding earlier indication by us that these locations/days were available. In such cases, we will let you know by email of the change and offer you the opportunity to select another Meal Pickup Location and/or Meal Pickup Day, as the circumstances may warrant in our sole discretion, or to cancel your order. If you choose to cancel your order, we will refund to you any payment you may have already remitted to us for that order.
When you place an order, you understand and agree to picking up your order on the Meal Pickup Day. You further understand and agree that we reserve the right to discard any orders not picked up on the Meal Pickup Day, and that no refunds or store credits will be offered for discarded orders.
We reserve the right, in our sole discretion, to offer discounts on Plans and/or Meals. If you are offered a discount, in addition to these Terms, we will provide you with the terms specific to that discount. Once your discount or discounted period ends, we (or our third-party payment processor) will begin charging your credit card at the non-discounted price of your Plan and/or Meals, unless you pause or cancel your Plan, as described above. Please note that you will not receive a notice from us that your discount has ended or that the non-discounted price of your Plan or Meals has begun. We reserve the right to modify or terminate a discount at any time, without notice and in our sole discretion.
1. Your Responsibilities
Once you take possession of your Meals, you are responsible for ensuring their proper refrigeration. In addition, the condition and consumption of Meals is solely at your risk, and you are solely responsible for the appropriate and safe handling, preparation, storage, heating, use and consumption of your Meals. It is also your responsibility to check all product packages for the most current information regarding ingredients. Our food items may contain or may have been manufactured in a facility that also processes dairy, eggs, fish, and tree nuts.
All of our Meals are handcrafted and some variability from what is described or depicted in the Services may occur. You understand that this is normal and agree to accept such Meal, regardless of reasonable variation from its description or depiction. We cannot and do not guarantee the accuracy or completeness of any description or depiction of any Meal. In addition, Meals will periodically change, based on availability of product(s), and seasonal or other changes to our menu. If you have a complaint or dispute concerning a Meal you have purchased through the Services, please contact us and we’ll try to fix the problem in the manner we deem appropriate in our sole discretion.
In general, our non-Featured Meals may be customized with your choice of protein, as indicated on the Site. Featured Meals will not be customizable, but rather, will be sold as-is. Unless otherwise indicated on the Site, we make no other offers or representations about the availability of user customization or substitutions.
Access to the Services; Third-Party Fees
We do not provide you with the equipment to access or use the Services. You are responsible for all fees charged by third parties to access and use the Services (e.g., charges by carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your access to and use of the Services (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the carrier). Accordingly, you should use care in selecting a service plan offered by your carrier.
Certain features of the Services and of third-party services linked to the Services, such as social media pages, may permit users to post or publish content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”). You retain copyright and any other proprietary rights that you may hold in the User Content that you post on or related to the Services.
2. Limited License Grant to Us
By posting or publishing User Content, you grant us a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use by us of your User Content may be without any compensation to you.
3. Limited License Grant to Other Users
By posting and sharing User Content with another user of the Services, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Services.
4. User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that: (i) you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you under these Terms, and in the manner contemplated by us and these Terms; and (ii) your User Content, and use of your User Content as contemplated by these Terms, does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (2) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
5. User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Services or third-party services such as social media pages, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities on the Services.
Third-Party Services and Linked Websites
We may provide tools through the Services that enable you to export information, including User Content, to third-party services, including through features that allow you to link from the Services to a third-party service, such as but not limited to Twitter, Facebook and Instagram, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your exported information.
Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. §512, as amended). If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to us at firstname.lastname@example.org.
By using the Services you agree not to:
1. use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
2. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
3. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third-party intellectual property rights;
4. interfere with security-related features of the Services, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that such activity is expressly permitted by applicable law;
5. interfere with the operation of the Services or any user’s enjoyment of the Services, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Services; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Services, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
6. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Services’ Accounts of others without permission, or falsifying your age or date of birth;
7. sell or otherwise transfer the access granted by these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or
8. attempt to do any of the prohibited acts described in these Terms, or assist or permit any persons in engaging in any of the acts described in these Terms.
Termination of Use
We reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your use of the Services and to block or prevent future access to and use of the Services for any reason or no reason. You may terminate your Account at any time through the Site or by contacting us by email at email@example.com or by phone at 1-800-344-1273. If you terminate your Account, you will remain obligated to pay any and all outstanding fees pursuant to these Terms. Upon termination, either by you or us, these Terms will still apply.
If you provide feedback to us regarding the Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant us a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use the Feedback in any manner and for any purpose.
2. Additional Terms
Your access to and use of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to on the Services or otherwise communicate to you, such as through email (collectively, “Additional Terms”). All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
Ownership; Proprietary Rights
The Services are owned and operated by And Go Concepts. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, services, and all other elements of the Services (the “Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Services are the property of And Go Concepts or our third-party licensors. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
You understand that your use of the Services is solely at your own risk. You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless And Go Concepts and our affiliates and their respective officers, directors, employees, consultants, service providers and agents (collectively, the “And Go Concepts Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) your access to, use of, or alleged use of any of the Services; (b) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (d) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Disclaimer of Warranties
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE AND GO CONCEPTS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO (a) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; AND (b) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AND GO CONCEPTS ENTITIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AND GO CONCEPTS ENTITIES OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH OTHER USERS OF THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES, AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND US, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
Limitation of Liability
IN NO EVENT WILL THE AND GO CONCEPTS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE AND GO CONCEPTS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE AND GO CONCEPTS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (a) THE AMOUNTS YOU HAVE PAID TO MEALS AND GO FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM OR (b) $100.
Each provision of these Terms that provides for a disclaimer of warranties, limitation of liability, or exclusion of damages is to allocate the risks under these Terms between the parties. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
1. Governing Law
These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and And Go Concepts agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Maricopa County, Arizona for the purpose of litigating all such disputes.
2. Agreement to Arbitrate
We are committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our customer support at firstname.lastname@example.org or by phone at 1-800-344-1273. However, if you are dissatisfied with our customer service’s resolution of your matter, you agree to resolve any and all disputes by binding arbitration or small claims court. Our arbitration provisions, which are set forth below, have been designed to make arbitration as convenient and inexpensive for our customers as possible.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AND GO CONCEPTS ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the paragraph above, you and And Go Concepts agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our right to seek injunctive or other equitable relief in a court of competent jurisdiction, or to file suit in a court of law to address intellectual property infringement claims.
Any arbitration between you and And Go Concepts will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
5. Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by email (“Notice”). Our address for Notice is: And Go Concepts, LLC, 743 N. Gilbert Rd., Gilbert, Arizona 85234. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or And Go Concepts may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or And Go Concepts must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
6. Location and Fees
To the extent necessary, any arbitration will be conducted in Maricopa County, Arizona. You agree to submit to the exclusive jurisdiction of arbiters in this forum, and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless either of us 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.
7. No Class Actions
YOU AND AND GO CONCEPTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and And Go Concepts agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
8. Statute of Limitations
You must file any claim within one (1) year after such claim arose or it is forever barred.
If we make any future change to this arbitration provision (other than a change to our address for Notice), you may reject any such change by sending us written notice within thirty (30) days of the change to our address for Notice, in which case your Account with the Services will immediately be terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Consent to Electronic Communications
1. Entire Agreement
Use of section headers in these Terms are for convenience only and will not have any impact on the interpretation of particular provisions.
3. Enforceability and Survival
If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.
You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written content. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any right or provision will be effective only in writing and signed by a duly authorized representative of us.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Any rights not expressly granted herein are reserved.
If you have any questions about these Terms or the Services, please contact us by email at email@example.com or by phone at 1-800-344-1273. The Services hereunder are offered by And Go Concepts, LLC, located at 743 N. Gilbert Rd., Gilbert, Arizona 85234.