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ARORA FOOD GROUP, LLC
TERMS OF USE

Last modified: December 1, 2020

These terms and conditions of use (“Terms of Use”) govern your use of the websites and associated software owned and controlled by Arora Food Group, LLC and its affiliates (“Arora”), including the www.trueats.com website, each subdomain of www.trueats.com (collectively, the “Site”).

Your compliance with these Terms of Use is a condition to your use of the Site. If you are using the Site on behalf of your employer, company, or organization (the “Organization”), you represent and warrant that you have the authority to accept these Terms of Use on behalf of the Organization. By clicking “accept” you acknowledge that you have read, understand, and agree to all terms and conditions contained within these Terms of Use and our Privacy Policy. If you (and your Organization, if applicable) do not agree to be bound by these Terms of Use, you are not authorized to access or use this Site and you should promptly exit and cease using this Site. The terms “you,” “your,” etc. refers to both you as an individual user and your Organization (if applicable).

BINDING ARBITRATION.These Terms of Use provide that all disputes between you and Arora that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Agreement to Arbitrate for the details regarding your agreement to arbitrate any disputes with Arora.

1. Privacy Practices

You agree that information provided by you in connection with the Site shall be governed by our Privacy Policy. Please review our Privacy Policy for a description of our privacy practices.

2. No Medical Advice

The content of the Site and the products and services available through this Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, are for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. You should always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. You understand that our products are not intended to and do not prevent or cure any specific disease or condition and that Arora does not, by virtue of the Site or our products or services, render medical advice or diagnosis. Reliance on any information appearing on the Site, whether provided by Arora, its content providers, its clients, visitors to the Site or others, is solely at your own risk.

3. Ownership of the Site

All pages within this Site and any material made available for download are the property of Arora, or its licensors or suppliers, as applicable. The Site and the materials and information on the Site are protected by United States and international copyright and trademark laws. The contents of the Site, including, without limitation, all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Arora. Any use of Content that is not in accordance with these Terms of Use is strictly prohibited. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Arora without our express written consent.

4. Trademarks

The Arora name, the terms TRUEATS and the TRUEATS Logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Arora or its affiliates or licensors. You must not use such marks without the prior written permission of Arora. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

5. Limited License

Arora hereby grants you the right to view and use the Site subject to these Terms of Use. You may download and/or print copies of information provided in the Site for your personal, non-commercial use only. You hereby agree that you will not reverse engineer, break into the Site, or use materials from the Site to violate the law. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from Arora.

6. No Users Under 18 Years Old

In order to access the Site, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at support@trueats.com.

7. Site Access, Security, and Restrictions; Passwords

You agree to fully, accurately, and truthfully create your Arora account, including but not limited to providing your name, mailing address, phone number, email address, and password, which become your Arora ID and credentials. The Arora account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Arora account credentials, and for all activities that occur under your Arora account or using your Arora account credentials. You agree to prohibit anyone else from using your Arora account credentials and agree to immediately notify Arora of any actual or suspected unauthorized use of your Arora account or other security concerns of which you become aware. Your access to the Site may be revoked by Arora at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or bypass other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Arora will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

8. Ordering and Purchasing of Products and Services

Accuracy and Integrity of Information; Colors

Although Arora attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and or the Content. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Arora so that it can be corrected. Arora reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Arora shall have no responsibility or liability for information or Content posted to the Site from any non-Arora affiliated third party.

We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor or other device, we cannot guarantee that your device’s display of any color will be accurate.

Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method charged. If your payment method card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your original payment method in the amount of the incorrect price.

Order Acceptance and Shipment

Your placement of an order does not necessarily ensure that we will accept your order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified through our credit and fraud avoidance practices. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method has been charged, we will issue a credit to you in the amount of the charge to your original form of payment.

Risk of Loss

All products purchased from the Site are delivered to shipment carriers. The risk of loss and title for such products pass to you when they are delivered to the carrier.

Return Policy

You may return Products in accordance with our Returns Policy posted on the Site.

Quantity Limits and Dealer Sales

Arora reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification if such limits are applied. Please note that certain orders constitute improper use of Arora and its products and services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Arora also reserves the right, at our sole discretion, to prohibit sales to dealers or wholesalers.

Online Payments

You can purchase products and services on the Site. We accept credit and debit cards issued by U.S. banks. You and Arora agree that the payment method you submit may be used automatically by Arora or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, Arora may obtain preapproval for an amount up to the amount of the payment. You agree to allow Shopify Inc. (“Shopify”), our payment processor, to securely store your payment method. [If you enroll to make recurring payments automatically, all charges and fees will be billed to the payment method you designate during the setup process. You have the right to revoke this authorization by contacting Arora via email at support@trueats.com at least fifteen (15) days prior to the scheduled payment date. You understand and acknowledge that products or services may be cancelled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to Arora. This authorization will remain in full force and effect until revoked by you or Arora.**] If you want to designate a different payment method or if there is a change in your payment method, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to complete transactions with the relevant credit or debit card and credit or debit card information. If Arora is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Arora may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Arora with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.

9. Subscription Terms

If you purchase a subscription to products or services through the Site, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking here. If you cancel your subscription, your account will automatically close at the end of your current billing period. Arora may change the price for your Arora subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Arora product and service subscription Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the product or service subscription prior to the price change going into effect.

10. Export Policy and Restrictions

You agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold harmless Arora and its affiliates for any and all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations

11. Links to Other Sites

Arora makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Arora website, please understand that it is independent from Arora, and that Arora has no control over the Content on that website. In addition, a link to a non-Arora website does not mean that Arora endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

12. Disclaimer of Warranties

THE SITE AND ALL OF ITS CONTENTS AND INFORMATION AND ANY SITE-RELATED PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WHILE WE TRY TO KEEP THE INFORMATION ON THE SITE AS ACCURATE AS POSSIBLE, WE DISCLAIM ANY WARRANTY REGARDING ITS ACCURACY, TIMELINESS, COMPLETENESS, QUALITY, OR ACCURACY FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR GUARANTEE THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU ASSUME FULL RESPONSIBILITY FOR USING THE SITE, SITE-RELATED PRODUCTS AND SERVICES, THE INFORMATION ON THE SITE, AND LINKED WEBSITES, AND YOU UNDERSTAND AND AGREE THAT ARORA, ITS AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM SUCH USE BY YOU OR ANY OTHER USER.

ARORA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD THROUGH THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. ARORA DOES NOT WARRANT THAT FILES OR MATERIAL UPLOADED BY YOU OR ANY OTHER USE THROUGH OR TO THE SITE WILL BE AVAILABLE, ACCURATE, COMPLETE, OR FREE FROM ERRORS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

PRODUCTS OR SERVICES OFFERED, SOLD, AND/OR DISTRIBUTED BY ARORA MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS AND SEPARATE WARRANTY TERMS, IF ANY, WILL BE PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

13. Limitation of Liability Regarding Use of Site

ARORA SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES. ARORA AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED PRODUCTS OR SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED PRODUCTS OR SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF ARORA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS OR CLAIMS THAT LIMIT THE EFFICACY OF THE LIMITATIONS ON ARORA’S LIABILITY AND THE INDEMNIFICATIONS AND/OR RELEASES SET FORTH IN THESE TERMS OF USE.

14. Indemnification

You agree to indemnify, defend, and hold harmless Arora, its affiliates, officers, directors, employees, third party licensors, contractors, and agents (the “Indemnitees”) from and against all third party claims, losses, expenses, damages and costs, including without limitation, lost wages, revenue, or business and reasonable attorneys’ fees, expert fees, and court costs, against or incurred by the Indemnitees arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access to the Site by anyone using your user ID and password.

15. Dispute Resolution; Agreement to Arbitrate

We will try work in good faith to resolve any issue you have with the Site, including products and services ordered, purchased, or received through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and Arora agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including products and services ordered, purchased, or received through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Arora are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Arora.

If you desire to assert a claim against Arora, and you therefore elect to seek arbitration, you must first send to Arora, by certified mail, a written notice of your claim (“Notice”). The Notice to Arora should be addressed to: United States Corporation Agents, Inc., Attention: Arora Food Group, LLC, 221 N Broad St., Suite 3A, Middletown, DE 19709 (“Notice Address”). If Arora desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Arora, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Arora and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Arora may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Arora or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Consumer Arbitration Rules (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Without limiting the generality of the foregoing and for the avoidance of doubt, 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 these Terms of Use. Unless Arora and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Arora’s last written settlement offer made before an arbitrator was selected (or if Arora did not make a settlement offer before an arbitrator was selected), then Arora will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND ARORA 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 Arora agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Dallas County, Texas, in accordance with Texas State law, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16. Availability

The Site is made available at the sole discretion of Arora. Arora reserves the right to modify, withdraw, suspend, or discontinue, either temporarily or permanently, any functionality or feature of the Site or any part thereof without notice. Arora is not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier and is not responsible for maintaining information arising from use of the Site. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site in accordance with our internal record retention or destruction policies.

17. Geographic Restrictions

The owner of this Site is based in the state of Texas in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content or any products or services available through this Site are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Revisions; General

Arora’s failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Arora reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. The provisions of these Terms of Use are severable. In the event that any provision hereof is held to be invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between Arora and users of the Site, provided, however, that certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Arora reserves the right to modify these Terms of Use in its sole discretion. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. All rights not expressly granted by these Terms of Use are reserved by Arora.

How to Contact Us:

Arora Food Group, LLC

Email: support@trueats.com

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