Terms of service

Last Updated: 4/09/2020

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. PLEASE NOTE THAT SECTION 14 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR WEBSITE.

 

These Terms of Service ("Terms") govern your access to and use of the website [www.chocomarket.com] (the "Site") and the service(s) made available through the Site (“Service(s)”) provided by Atlantic Food Waste Partners LLC. ("Atlantic," "we," "us" or "our"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Atlantic. If you are accessing or using the Site on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to Atlantic if you violate these Terms.

 

Atlantic reserves the right to change or modify these Terms at any time and in our sole discretion. If Atlantic makes any changes to these Terms, we will provide notice of such changes, such as by updating the "Last Updated" date at the top of these Terms, sending you an email notification or providing notice through the Site. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to any amended Terms, you must immediately stop accessing and using our Site. Any new features or tools which are added to the current store shall also be subject to the Terms.

 

Enforcement of these Terms is solely in Atlantic's discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Atlantic's right to enforce these Terms in other instances. Any use of the Site or Service in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.

 

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and Services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

 

  1. Privacy Policy

 

Please refer to our Privacy Policy for information about how Atlantic collects, uses and discloses information about our users.

 

  1. Eligibility

 

The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By accessing or using the Site, you represent and warrant that: (a) you are 18 years of age or older; (b) your right to use the Sites has not been previously suspended or terminated; and (c) you have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party. By accessing or using the Site to buy alcohol, you represent and warrant that you are 21 years of age or older.

 

  1. Registration and Account

 

In order to access and use certain areas or features of the Site, you may be required to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name.

 

By creating an account, you agree to (a) provide accurate, current and complete account information; (b) maintain and promptly update your account information to keep it accurate, current and complete; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site.

 

  1. Copyright and Limited License

 

Unless otherwise indicated on the Site or by Atlantic, the Site and all content and other materials contained therein, including, without limitation, the Choco logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Atlantic or its affiliates or our licensors and are protected by U.S. and international copyright laws.

 

You are hereby granted a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site, or Site Materials; (b) distributing, publicly performing or publicly displaying any Site Materials; (c) modifying or otherwise making any derivative uses of the Site or Site Materials, or any portion thereof; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or Site Materials, except as expressly permitted by us; and (f) any use of the Site or Site Materials other than for their intended purposes. Any use of the Site or Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use also may violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time.

 

Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Atlantic or its affiliates or any third party, whether by estoppel, implication or otherwise.

 

Notwithstanding anything to the contrary in these Terms, the Site and Site Materials may include software components provided by Atlantic or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

 

 

  1. Third-Party Content and Products

 

We may display content from third parties through the Site or may provide links to certain web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content through the Site are solely between you and such third parties, and that Atlantic is not responsible or liable in any manner for such interactions or Third-Party Content.

 

When you use the Site to place an order for alcohol you authorize the purchase and delivery of those products to you by the merchant or a third-party delivery agent from the merchant store. You further agree that an adult over the age of 21 with valid government ID will be present to accept your order.

 

If you purchase any products from the Site you agree that you do so at your own risk, and Atlantic does not assume responsibility and will have no liability based on purchase, use or access.

 

  1. Acceptable Use of the Site

 

You agree that your access to and use of the Site will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while using the Site. You further agree that you will abide by these Terms and will not:

 

Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner;

 

Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Site for the purpose of sending spam or other commercial messages;

 

  • Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;

 

  • Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);

 

  • Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Site that you are not authorized to access;

 

  • Engage in any harassing, intimidating, predatory or stalking conduct;

 

  • Develop any third-party applications that interact with the Site without our prior written consent;

 

  • Use the Site for any illegal or unauthorized purpose or engage in, encourage or promote any activity that violates these Terms or is otherwise objectionable to us;

 

  • Use the Site to drop ship merchandise to third parties;

 

  • Bulk purchases for resale;

 

  • Purchase of products for commercial use or in connection with distribution via a commercial meal service (e.g. school cafeteria; school snacks, etc.);

 

  • Use of the Service or shipment of products outside the United State.

 

These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Site will not contain any content that is prohibited by these Terms. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your rights to use the Site.

 

  1. Delivery and Returns

 

We are shipping perishable products and therefore are not able to accept returns. Due to the perishable nature of our products, we cannot guarantee the condition of the delivery if the address is incorrectly entered, if a change of address isn't updated prior to the invoice date, if an address is altered while in transit, or if you are unable to retrieve the order on the guaranteed delivery date and did not notify us prior to the order being invoiced.

 

If your order is returned to us because of an incorrect address provided or refusal of delivery when shipped according to our terms and conditions, we must dispose of the contents and you will not be refunded. In the event an order is delivered late due to an incorrect address or if you are unable to retrieve on the delivery date without prior notification and thawing/damage occurs, you will not be refunded.

 

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

 

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In the event of a carrier delay, please inspect the contents carefully and contact us (contact@chocomarket.com) immediately with any concerns (attaching photos for review). In some cases, delivery may occur prior to the scheduled delivery date.

 

Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration's recommendations on food consumption for at-risk groups

 

Disclaimers. YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND FOR VERIFYING THE SUITABILITY OF ALL PRODUCTS AND THEIR INGREDIENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS

 

  1. Accuracy, Completeness, and Timeliness of Information

 

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

 

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site.

 

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

 

  1. Modifications to the Service and Prices

 

Prices for services and any products made available through the Site are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the service made available through the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Service.

 

Atlantic reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

 

  1. Feedback, Communications, Other User Generated Content & Intellectual Property Policy.

 

By placing an order and/or creating an account, you electronically agree to accept and receive communications from Atlantic, Contractors, or third parties providing services to Atlantic including via email, text message, calls, and push notifications to the cellular telephone number you provided to Atlantic. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Atlantic, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from Atlantic by replying "STOP" from the mobile device receiving the messages.

 

Anyone who buys products via our Site may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

 

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Atlantic reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Atlantic and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Atlantic and its sublicensees the right to use the name that you submit in connection with such content, if they choose.

 

We encourage you to be sensitive to cultural differences and sensitivities in making any comments.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Atlantic for all claims resulting from content you supply. Atlantic has the right but not the obligation to monitor and edit or remove any activity or content. Atlantic takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Atlantic respects the intellectual property rights of others. We ask our users to do the same. Atlantic may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Atlantic's Copyright Agent, and provide the following information ("Notice"):

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;

 

  • a description of the copyrighted work and/or trademark claimed to have been infringed;

 

  • a description of where the claimed infringing content is located on our Site;

 

  • your address, telephone number, and email address;

 

  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;

 

  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

 

Please note that this procedure is exclusively for notifying Atlantic that your trademark or copyrighted material has been infringed. You can reach us at: contact@chocomarket.com.

 

  1. Indemnification

 

You agree to defend, indemnify and hold harmless Atlantic and our partners, successors and assigns, and any of their respective directors, officers, employees, agents, independent contractors, service providers and consultants (individually and collectively, the "Atlantic Parties"), from and against any and all actual or alleged claims, damages, costs, losses, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Claims"), whether in contract or in tort, including, but not limited to, damages to property or personal injury, at law or in equity, that are caused by, arise out of or are related to: (a) your use or misuse of the Site; (b) any Feedback you provide; (c) your violation of these Terms; and (d) your violation of the rights of another.

 

  1. Disclaimer

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SITE AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ATLANTIC; AND (B) ATLANTIC DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND SITE MATERIALS. ATLANTIC DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

 

WHILE ATLANTIC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, ATLANTIC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

 

Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Atlantic.

 

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

 

  1. Limitation of Liability

 

YOU AGREE THAT NEITHER ATLANTIC OR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS OR SUPPLIERS IS RESONPOSIBLE FOR THE FITNESS OR CONDUCT OF ANY MERCHANT. ATLANTIC NOR IT'S AFFILIATES, RETAIL PARTNERS, LICENSORS OR SUPPLIERS, WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ACTIONS OF MERCHANTS.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATLANTIC OR THE ATLANTIC PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, SITE MATERIALS OR SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM ATLANTIC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ATLANTIC’S RECORDS, SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ATLANTIC OR THE ATLANTIC PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITES OR SITE MATERIALS OR TO THESE TERMS EXCEED $100.

 

Some jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, so some or all of the above limitations or exclusions may not apply to you.

 

  1. Dispute Resolution; Arbitration

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ATLANTIC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

  1. Binding Arbitration

 

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising out of or related to violations of Section 6 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Atlantic hereby: (a) waive your and Atlantic's respective rights to have any and all Disputes arising out of or related to these Terms, the Site or Site Materials resolved in a court; and (b) waive your and Atlantic's respective rights to a jury trial. Instead, you and Atlantic agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

 

  1. No Class Arbitrations, Class Actions or Representative Actions

 

You and Atlantic agree that any Dispute arising out of or related to these Terms, the Site or Site Materials is personal to you and Atlantic and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither party agrees to class arbitration or to an arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, you and Atlantic agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

 

PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION ("PAGA WAIVER"). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.

 

In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.

 

Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

 

  1. Federal Arbitration Act

 

You and Atlantic agree that these Terms affect interstate commerce and that the enforceability of this Section 14 shall be governed by, construed and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") to the maximum extent permitted by applicable law.

 

  1. Notice; Informal Dispute Resolution

 

You and Atlantic agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Atlantic shall be sent by certified mail or courier to: Atlantic Food Waste Partners LLC, Attn: Daniel Khachab, 1161 Mission St, San Francisco, CA 94103, USA or to contact@chocomarket.com. Your notice must include: (a) your name, postal address, telephone number and an email address at which you can be contacted; (b) a description in reasonable detail of the nature or basis of the Dispute; and (c) the specific relief that you are seeking. Our notice to you will be sent to the postal or email address we have on file for you and will include: (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute; (y) a description in reasonable detail of the nature or basis of the Dispute; and (z) the specific relief that we are seeking. If you and Atlantic cannot agree how to resolve the Dispute within sixty (60) days after the date notice is received by the applicable party, either you or Atlantic may, as appropriate pursuant to this Section, commence an arbitration proceeding or, to the extent specifically provided for in Section 14 a), file a claim in court.

 

  1. Process

 

Except for Disputes arising out of or related to violations of Section 6 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, you and Atlantic agree that any arbitration or claim must be commenced or filed by you or Atlantic within one (1) year of the date that the Dispute arose; otherwise, you and Atlantic agree that the underlying claim is permanently barred (which means that you and Atlantic will no longer have the right to assert such claim regarding the Dispute). You and Atlantic agree that (a) any arbitration will occur near your city of residence or in San Francisco, CA; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services ("JAMS"), which are hereby incorporated by reference; and (c) the state or federal courts located in your state of residence or San Francisco County, CA will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration. If a Dispute meets the requirements in Section 14 a) to be heard in small claims court, you may litigate such Dispute in the small claims court located in the county in which you reside.

 

  1. Authority of Arbitrator

 

As limited by the FAA, these Terms and applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable; and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

 

  1. Rules of JAMS

 

The rules of JAMS and additional information about JAMS are available on the JAMS website at http://www.jamsadr.com/, as may be updated from time to time. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

 

  1. Severability

 

If any term, clause or provision of this Section 14 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 14 and these Terms will remain valid and enforceable. Further, the waivers set forth in this Section 14 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

 

  1. Opt-Out Right

 

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 14 by providing notice of the same in writing to: Atlantic Food Waste Partners LLC, Attn: Daniel Khachab, 1161 Mission St, San Francisco, CA 94103, USA. In order to be effective, the opt out notice must include your full name and must clearly indicate your intent to opt out of such binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.

 

  1. Applicable Law and Venue

 

These Terms, your access to and use of the Sites shall be governed by and construed in accordance with the laws of the State of CA, without regard to conflict of law principles. You hereby irrevocably consent to the jurisdiction and venue of the federal and state courts located in the San Francisco County, CA with respect to any Dispute between the parties that is not subject to arbitration under these Terms.

 

  1. Modifications to the Sites

 

Atlantic reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof. You agree that Atlantic will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

 

  1. Assignment

 

You may not assign, delegate or transfer these Terms of Service or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without Atlantic’s prior written consent. We may transfer, assign, or delegate these Terms of Service, and our Privacy Policy, along with our rights and obligations herein, and thereto without consent.

 

  1. Termination

 

Notwithstanding any of these Terms, Atlantic reserves the right, without notice and in our sole discretion, to terminate your right to use the Sites, or any portion of thereof, and to block or prevent your future access to and use of the Sites or any portion thereof.

 

  1. Severability

 

If any term, clause or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, such term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining part of that provision, or the remaining other provisions.

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