Terms of Use
Before you use the site, please read the below terms of use carefully.
Effective: February 16, 2022
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU
AND REQUIRE YOU TO RESOLVE ANY DISPUTES FIRST BY CONTACTING USDIRECTLY AND USING GOOD FAITH EFFORTS TO RESOLVE SUCH DISPUTE.
THE SECTION BELOW ENTITLED "DISPUTE RESOLUTION" HAS A MANDATORYARBITRATION PROVISION AND A WAIVER PERMITTING YOU TO ONLY PURSUE
CLAIMS AND SEEK RELIEF AGAINST FOX ORDERING ON AN INDIVIDUALBASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR
REPRESENTATIVE ACTION OR PROCEEDING. IT AFFECTS YOUR LEGALRIGHTS. PLEASE READ IT.
1. FOX ORDERING SERVICES
Hashtag Applications, LLC owns and operates this website (fromtherestaurant.com), the related
mobile sites and mobile applications, and selected other domains (collectively, the "Sites").
These terms of use (the "Agreement") constitute a contract between you and us. If you do notagree to the following terms of use, please do not use the Sites. As used in this Agreement, "Fox
Ordering," "we," "us," and "our" shall mean Hashtag Applications, LLC dba Fox Ordering andits subsidiaries and affiliates.
The restaurants available on our Sites operate independently and have entered into agreementswith us to provide the food and delivery services available to you on the Sites. The restaurants
are required to comply with federal, state and local laws, rules, regulations, and standards
pertaining to the preparation, sale and marketing of food, including food preparation and safety
and menu disclosure. Fox Ordering is not responsible for the restaurants' food preparation orsafety and does not verify any restaurant's compliance with applicable laws. In addition, Fox
Ordering does not guarantee the quality of what the restaurants sell, nor does it guarantee theservices provided by the restaurant, including in those cases where the restaurant provides thedelivery services. In addition, Fox Ordering does not independently verify representations madeby restaurants regarding their food, including without limitation any menu- or restaurant-leveldescriptors or disclosures. Should you have any questions about your order or food allergies,
please reach out to the restaurant directly.
We also partner with certain delivery service providers (when available and selected by you).
Should you choose a delivery option through a service provider, we may share certain
information you provide to us with the delivery service providers to complete the delivery of
your order. The delivery service providers are independent contractors and are not employed by
us. We therefore do not control the means and method in which workers deliver orders. Your useof delivery service providers may be subject to separate terms of use. Please review theapplicable delivery service provider’s terms for more information. We are not responsible for theservices, acts, omissions, or representations of the delivery service providers.
2. USING FOX ORDERING’S SERVICES; ACCESSIBILITY
You may only use the Sites to order if you are the authorized holder of the credit card used for
payment or an authorized user of a corporate account and if you are able to form a binding
contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally
under the age of 18), you must have the permission of, and be directly supervised by, your parent
or legal guardian to use the Sites, and your parent or legal guardian must read and agree to thisAgreement prior to your using the Sites. Notwithstanding the foregoing, you are prohibited fromusing the Sites if you are under the age of 13.
Use of the Sites to order requires that you provide certain personal information. In considerationof the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the applicable Site, and (b) maintain and promptly
update the personal information you provide to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or Fox
Ordering has reasonable grounds to suspect that such information is untrue, inaccurate, notcurrent or incomplete, Fox Ordering has the right to block your current or future use of the Sites(or any portion thereof).
You are responsible for maintaining the confidentiality and security of your personal informationand for all activities or any other actions that occur under or are taken in connection with youruse of the Sites. You agree to (a) immediately notify Fox Ordering of any known or suspected
unauthorized use(s) of your personal information while using the Sites, or any known orsuspected breach of security, including loss, theft, or unauthorized disclosure of your credit card
information in connection with use of the Sites; and (b) ensure that you exit from the Sites at theend of each session. Fox Ordering will not be liable for any injury, loss or damage of any kindarising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by
you or someone else using your personal information.
We and the delivery service providers that we engage may communicate with you regarding youruse of the Sites or delivery of orders. By using our Sites, you consent to receiving
communications from us, including phone calls, faxes, emails, SMS and MMS text messages,
messages through electronic apps or platforms, and any other communications made by and on
behalf of us that may relate to the Site, your order, delivery of your order (if applicable), or theseTerms of Use.
We are working hard toward ensuring that the Sites are accessible by applying the Web Content
Accessibility Guidelines, which set forth requirements to improve the accessibility of websites
for people with disabilities. In the event you encounter any barrier to accessibility, you agree tocontact us by e-mail: support@foxordering.com, mail: 4301 Oak Circle, Boca Raton, FL 33431,
or phone: 866-883-6967.

By using our Sites, you acknowledge and agree that accessibility is highly complex, subjective
and changeable and that achieving absolute or total accessibility might not be possible. As
provided in Section 6 (DISCLAIMER) below, the materials and all other content on the Site areprovided on an “as is” and “as available” basis without warranties of every kind.
3. CREDIT POLICY
You pay for order(s) placed through the Sites. All orders are subject to the review and approvalof the restaurant, who may make adjustments from time to time. When you place an order, youagree that we may immediately charge your credit card. Unless prohibited by law, in the event of
any error in your order or the amount you were charged, you are entitled to a credit, provided it isbrought to our attention within 60 days of your order date. If you do not raise the issue within 60
days of your order date, you waive the ability to receive a credit for any error.
4. MATERIALS AND LICENSE
With the exception of User Content (defined below), the Sites and everything on them, from text
to photos to videos to graphics and software, (collectively, the "Materials") are owned by orlicensed to Fox Ordering. The Sites and the Materials are protected by copyright, trademark,trade dress, domain name, patent, trade secret, international treaties and/or other proprietary
rights and laws of the United States and other countries. Except as otherwise indicated on theSites and except for the trademarks, service marks, logos and trade names of other companies
that are displayed on the Sites, all trademarks, service marks, logos, trade dress and trade names
are proprietary to Fox Ordering, including without limitation, FOX ORDERING and thefoxordering.net trade dress. Please be advised that Fox Ordering enforces its intellectual property
rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use
the Sites and/or the Materials for your personal use, solely as expressly permitted by thisAgreement and subject to all the terms and conditions of this Agreement, all applicable
intellectual property laws, and any Additional Terms (as defined below) contained on the Sites.
Any other use of the Sites and/or the Materials is strictly prohibited. No Materials may becopied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified
without our express written permission. Nothing contained on the Sites should be interpreted as
granting to you any license or right to use any of the Materials and/or third party proprietary
content on the Sites without the express written permission of Fox Ordering or the appropriate
third party owner, as applicable.
If you download any software from the Sites, you may not redistribute, sell, decompile, reverse
engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
Fox Ordering reserves the right, in its sole and absolute discretion, to modify, suspend, or
discontinue at any time, with or without notice, the Sites and/or services offered on or throughthe Sites (or any part thereof), including but not limited to the Sites' features, look and feel, andfunctional elements and related services.
5. USER CONTENT AND CONDUCT
I. User Conduct​By accessing the Sites, you agree:
to comply with all applicable laws regarding online conduct and submission of acceptable
User Content;
2. not to use the Sites or the services or submit content to the Sites if you are under the ageof 13;
3. not to use the Sites to purchase alcohol unless you and the alcohol recipient are 21 orolder and present a valid photo identification(s) verifying your age at the time of alcoholdelivery;
4. not to access the Sites or services using a third-party's account/registration without theexpress consent of the account holder;5. not to attempt, through any means, to gain unauthorized access to any part of the Sites
and/or any service, other account, computer system and/or network connected to any Fox
Ordering server;
6. not to attempt to impersonate another user or person;
7. not to advertise, or solicit, any user to buy or sell any products or services, unlessauthorized by Fox Ordering;
8. not to deep-link to the Sites and/or access the Sites manually and/or with any robot,
spider, web crawler, extraction software, automated process and/or device to scrape, copy
and/or monitor any portion of the Sites and/or any Materials and/or other content on theSites, unless Fox Ordering has given you specific permission to do so in writing;9. not to conduct any kind of systematic retrieval of data or other content from the Sites;
10. not to create or compile, directly or indirectly, any collection, compilation, database or
directory from the Site content;
11. not to use the Sites in any manner that could damage, disable, overburden and/or impair
any Fox Ordering server, or the network(s) connected to any Fox Ordering server, and/orinterfere with any other party's use and enjoyment of the Sites;
12. not to transmit any chain letters or junk email;13. not to use any information obtained from the Sites or the Fox Ordering services in order
to contact, advertise to, solicit, or sell to any user or restaurant;
14. not to sell or transfer your profile;
15. not to use the Sites to engage in commercial activities apart from sanctioned use of Fox
Ordering services;
16. not to use the Sites as part of an effort to compete with Fox Ordering, the Sites, or the
Fox Ordering services;
17. not to copy any content, including, but not limited to restaurant menu content andthird-party reviews, for republication in any format or media;
18. not to license, sell and/or otherwise provide access to and/or use of the Sites to any third
party, including without limitation to build a competitive product and/or service;1.

19. not to create restaurant reviews or blog entries for or with any commercial or otherpurpose or intent that does not in good faith comport with the purpose or spirit of theSites;
20. not to copy, publish or redistribute any coupon or discount code or act in bad faith in an
attempt to manipulate or gain an unintended commercial benefit from incentive offers;
21. not to harass, annoy, intimidate or threaten any Fox Ordering employees or agents
engaged in providing any portion of Fox Ordering's services;
22. not to display an advertisement, or accept payment or anything of value from a third
person in exchange for your performing any commercial activity on or through the Sites
or Fox Ordering's services on behalf of that person, such as posting blogs or bulletins
with a commercial purpose;
23. not to delete the copyright or other proprietary rights notice from any User Content or
any portion of the Sites or Fox Ordering's services;
24. not to upload or transmit viruses or other harmful, disruptive or destructive files;
25. not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any
services, system resources, accounts, passwords, servers or networks connected to oraccessible through the Sites or affiliated or linked sites (including those of our restaurant
partners); and26. not to use the Sites for any illegal purposes.
You agree that the consequences of commercial use or re-publication of User Content orMaterials from the Sites or other violations of the foregoing proscriptions may be so serious andincalculable that monetary compensation may not be a sufficient or appropriate remedy and thatFox Ordering will be entitled to temporary and permanent injunctive relief to prohibit such use
or activity, without the need to prove damages.
II. Content You Provide
Fox Ordering may provide you with interactive opportunities on the Sites, (collectively,"Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise havethe right to provide all information, comments, reviews, ratings and/or other materials and/or
content that you submit, post and/or otherwise transmit to the Sites ("User Content").
III. Use of Your Content
You grant Fox Ordering an irrevocable, transferable, paid up, royalty-free, perpetual,
non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove,
publicly perform, translate, create derivative works from, distribute and/or otherwise use User
Content in connection with Fox Ordering's business and in all forms of media now known or
hereafter invented (collectively, the "Uses"), without notification to and/or approval by you. You
further grant Fox Ordering a license to use your username and/or other user profile information,
including without limitation, your ratings history and how long you have been a Fox Ordering
diner, to attribute User Content to you in connection with the Uses, if we choose to do so, again
without notification to and/or approval by you. Further, if you provide any suggestions, input orother feedback relating to the Sites or the services we provide, Fox Ordering shall have the rightto freely and fully exercise and exploit such content in connection with its business, without
notice to, approval by or compensation to you.
User Content transmitted to certain parts of the Sites, including, without limitation, restaurant
pages and certain Interactive Areas, may be posted in public areas on our Sites, including
without limitation in a compilation format, and as such will be publicly visible and accessible.
Fox Ordering and its officers, directors, employees, parents, subsidiaries, affiliates, successors,
assigns, licensors, licensees, designees, business partners, contractors, agents and representatives(collectively, the "Released Parties") will not be responsible for, and you hereby expressly
release the Released Parties from, any and all liability for the action of any and all third parties
with respect to User Content.
IV. Conduct within Interactive Areas
By transmitting User Content, you agree to follow the standards of conduct below and any
additional standards that may be stated on the Sites. We do our best to encourage civility anddiscourage disruptive communication on the Sites. We also discourage communications that
incite others to violate our standards. We expect your cooperation in upholding our standards.
You are responsible for all of your User Content. You agree not to provide any User Content that:
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is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful,
and/or racially, ethnically and/or otherwise objectionable;
has a commercial, political or religious purpose;is false, misleading and/or not written in good faith;infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity,
and/or other proprietary rights of any person and/or entity;
is illegal and/or promotes illegal activity;
contains unauthorized advertising and/or solicits users to a business other than those on
the Sites; and/or
is intended to interrupt, destroy or limit the functionality or integrity of any computer
software, hardware or Materials on the Sites or other websites.

Fox Ordering may monitor any and all use of the Sites; however, we are under no obligation to
do so. We may manage the Sites in a manner intended to protect our property and rights and to
facilitate the proper functioning of the Sites. If any User Content or conduct on our Sites violates
our standards, or any other terms and conditions of this Agreement; or interferes with otherpeoples' enjoyment of the Materials or our Sites; or that we believe is inappropriate; in our sole
judgment, we reserve the right to change, delete or remove, in part or in full, any such User
Content or Materials; and we further reserve the right to terminate or suspend access to any
Interactive Areas or any Sites. Fox Ordering will cooperate with local, state and/or federal
authorities to the extent required by applicable law in connection with User Content.
V. Ratings and Reviews

The Sites may allow you to rate and post reviews of restaurants and other businesses ("Ratingsand Reviews"). Such Ratings and Reviews are considered User Content and are governed by theterms and conditions of this Agreement, including, without limitation, your agreement regarding
your use of Interactive Areas and the Sites' standards of conduct. Ratings and Reviews are notendorsed by Fox Ordering, and do not represent the views of Fox Ordering or of any affiliate orpartner of Fox Ordering. Fox Ordering does not assume liability for Ratings and Reviews or for
any claims, liabilities or losses resulting from any Ratings and Reviews. We strive to maintain ahigh level of integrity with our Ratings and Reviews and other User Content. Therefore, all
Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or
Review, you must have had first-hand experience with the restaurant; (2) you may not have aproprietary or other affiliation with either the restaurant or any of its competitors; (3) you may
not draw any legal conclusions regarding the restaurants' products, services or conduct; and (4)your review must otherwise comply with the terms of this Agreement. Any Rating and/or
Review that we determine, in our sole discretion, could diminish the integrity of the Ratings andReviews, the Materials and/or the Sites may be removed or excluded by us without notice.
6. DISCLAIMER
THE SITES, THE MATERIALS AND ALL OTHER CONTENT ON THE SITES AREPROVIDED "AS IS," ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OFANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE
MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. FOX ORDERING DOES NOT REPRESENT OR WARRANT THATTHE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL
BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, AND/OR THAT THE SITES, THE MATERIALS AND/OR OTHER
CONTENT ON THE SITES ARE FREE FROM VIRUSES OR OTHER HARMFULCOMPONENTS. FOX ORDERING DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS,COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE
SITES AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT FOX
ORDERING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION RELATING TO YOUR USE OF THE SITES, THE MATERIALS AND/OR
OTHER CONTENT ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOTFULLY APPLY TO YOU.
7. LIMITATION OF LIABILITYIN NO EVENT SHALL FOX ORDERING BE LIABLE TO YOU FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR
DAMAGES WHATSOEVER (EVEN IF FOX ORDERING HAS BEEN PREVIOUSLYADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT,OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN
CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, ORSERVICES PROVIDED ON OR THROUGH THE SITES. FOX ORDERING ASSUMES NORESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTYON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADINGOF ANY MATERIAL FROM THE SITES. FOX ORDERING ASSUMES NORESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN
CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR
MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRDPARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR
ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD,
OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINEDTHEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIALPURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL FOX ORDERING'STOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,
WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNTPAID BY YOU TO FOX ORDERING OR A FOX ORDERING'S RESTAURANT, IF ANY, OR(B) $500 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AND FOX ORDERING AGREE THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL,BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN
TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY
EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY
TO ENTER INTO THIS AGREEMENT. YOU AND FOX ORDERING AGREE THAT THE
WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF
USE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANYPROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE OTHERWISE PROVIDED
FOR IN THIS SECTION.
8. THIRD PARTY LINKSThe Sites may contain links to websites that are owned, controlled, developed, sponsored and/or
maintained by third parties and which may be subject to additional terms and conditions ("Third

Party Websites"). Fox Ordering does not review, monitor, operate and/or control the Third Party
Websites and Fox Ordering makes no guarantees, representations and/or warranties as to, andshall have no liability for, the content available on or through and/or the functioning of the Third
Party Websites. By providing access to Third Party Websites, Fox Ordering is not recommending
and/or otherwise endorsing the products and/or services provided by the sponsors and/or ownersof those websites. We do not have any responsibility for such Third Party Websites and any
third-party business practices (including, without limitation, their privacy policies). Your accessand/or use of the Third Party Websites, including providing information, materials and/or othercontent to the Third Party Websites, is entirely at your own risk. We encourage you to be aware
when you access such sites and read the terms and condition and privacy policy of each Third
Party Website you use. Fox Ordering reserves the right to discontinue links to any Third Party
Websites at any time and for any reason, without notice.
9. ADDITIONAL TERMSYour use of the Sites is subject to any and all additional terms, policies, rules or guidelines
applicable to Fox Ordering's services or certain features of the Sites that we may post or link toon the Sites (collectively, the "Additional Terms"), such as end-user license agreements, or otheragreements or rules applicable to particular features, promotions or content on the Sites. All such
Additional Terms are hereby incorporated into this Agreement by reference.
10. PRIVACY POLICY
The terms and conditions of the Privacy Policy located athttps://fromtherestaurant.com/PrivacyPolicy.pdf are incorporated into this Agreement byreference.
11. COPYRIGHT POLICYFox Ordering respects the intellectual property of others, and we ask all of our users to do thesame. If you believe that your copyrighted work has been copied and is accessible on the Sites ora website through which our services may be accessed in a way that constitutes copyright
infringement, please provide Fox Ordering's Copyright Agent (as set forth below) with
notification containing the following information required by the Digital Millennium CopyrightAct, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the copyrightowner of the work that allegedly has been infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works allegedly have been infringed, then a representative list of such
copyrighted works;
3. Identification of the material that is claimed to be infringing and that is to be removed oraccess to which is to be disabled, and information reasonably sufficient to permit us tolocate the allegedly infringing material, e.g., the specific web page address on the Sites;4. Information reasonably sufficient to permit us to contact the party alleging infringement,
including an email address;
5. A statement that the party alleging infringement has a good-faith belief that use of the
copyrighted work in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and6. A statement that the information in the notification is accurate, and under penalty of
perjury, that the party alleging infringement is authorized to act on behalf of the copyrightowner of the work that allegedly has been infringed.
Please send this notification to Fox Ordering, 4301 Oak Circle Suite 7, Boca Raton FL, 33431.
12. VIOLATIONS OF THE AGREEMENTFox Ordering reserves the right to seek all remedies available at law and in equity for violationsof the Agreement, including without limitation the right to block access to the Sites from aparticular account, device and/or IP address.
13. CHANGES TO THE AGREEMENT
We may change this Agreement from time to time and without prior notice. If we make a change
to this Agreement, it will be effective as soon as we post it, and the most current version of thisAgreement will always be posted under the "Terms of Use" tab ("Updated Terms"). If we make amaterial change to the Agreement, we may notify you. You agree that you will review thisAgreement periodically. By continuing to access and/or use the Sites after we post Updated
Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated
Terms, you will stop using the Sites. This Agreement will govern any disputes arising before theeffective date of the Updated Terms.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold us and our officers, agents, partners, and employees
harmless from and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of your use of theSites, breach of these terms of use, or breach of your obligations under these terms of use. We
reserve the right, at your expense, to assume the exclusive defense and control of any matter forwhich you are required to indemnify us, and you agree to cooperate, at your expense, with ourdefense of such claims. We will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
15. GOVERNING LAW
You acknowledge and agree that your access to and/or use of the Sites, the Materials and othercontent on the Sites is subject to all applicable international, federal, state and local laws andregulations. The terms, conditions and policies contained in this Agreement shall be governed by

and construed in accordance with the laws of the State of Florida, without regard to its conflict oflaws principles.
16. DISPUTE RESOLUTION; CLASS ACTION WAIVER
A. Disputes. In the event of any dispute arising out of, or relating to use of the Site or theseterms of use, you agree that the parties hereto shall first seek to settle such dispute through direct
discussions between their respective principals. If a dispute cannot be settled amicably throughsuch direct discussions within sixty (60) days from commencement of such discussions, suchdispute shall be settled through binding arbitration as provided below.
B. Arbitration​You agree that all claims, disputes or disagreements that may arise out of theinterpretation or performance of this Agreement, or that in any way relate to your use of theSites, the Materials and/or other content on the Sites, shall be submitted exclusively to binding
arbitration, except that each party retains the right to bring an individual action in small claims
court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction
to prevent the actual or threatened infringement, misappropriation or violation of a party's
copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitrationmeans that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing
exchange of information and appeals may also be limited in arbitration. ​You acknowledge andagree that you and Fox Ordering are each waiving the right to a trial by jury. You further
acknowledge and agree that you waive your right to participate as a plaintiff or classmember in any purported class action or representative proceeding​. Further, unless both you
and Fox Ordering otherwise agree in writing, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of any class or representative
proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute
Resolution" section will be deemed void. Except as provided in the preceding sentence, this"Dispute Resolution" section will survive any termination of these Terms of Use. You further
acknowledge that any claim arising under this Agreement will be brought within one year of its
accrual or it will be waived.
C. Arbitration Rules​The arbitration will be administered by the American Arbitration
Association ("AAA") in accordance with the Commercial Arbitration Rules and theSupplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect,
except as modified by this "Dispute Resolution" section. (The AAA Rules are availableat ​www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425​or by calling the AAA
at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcementof this Section.
D. Arbitration Process​A party who desires to initiate arbitration must provide the other party
with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides aform Demand for Arbitration at https://www.adr.org/Most-Viewed-Forms​and a separate
affidavit for waiver of fees for California residents only at
https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf. The arbitrator will be either aretired judge or an attorney licensed to practice law in the county in which you reside and will beselected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties areunable to agree upon an arbitrator within seven (7) days of delivery of the Demand for
Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
E. Arbitration Location and Procedure​Unless you and Fox Ordering otherwise agree, thearbitration will be conducted in Palm Beach County, Florida. If your claim does not exceed$10,000, then the arbitration will be conducted solely on the basis of documents you and Fox
Ordering submit to the arbitrator, unless you request a hearing or the arbitrator determines that ahearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determinedby the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct areasonable exchange of information by the parties, consistent with the expedited nature of thearbitration.
F. Arbitrator's Decision​The arbitrator will render an award within the time frame specified in
the AAA Rules. The arbitrator's decision will include the essential findings and conclusions uponwhich the arbitrator based the award. Judgment on the arbitration award may be entered in any
court having jurisdiction thereof. The arbitrator's award damages must be consistent with theterms of the "Limitation of Liability" section above as to the types and the amounts of damages
for which a party may be held liable. The arbitrator may award declaratory or injunctive relief
only in favor of the claimant and only to the extent necessary to provide relief warranted by theclaimant's individual claim. The prevailing party in arbitration will be entitled to an award ofreasonable attorneys' fees and expenses to the extent provided under applicable law.
G. Fees​Your responsibility to pay any AAA filing, administrative and arbitrator fees will besolely as set forth in the AAA Rules.
H. Class Action Waiver You acknowledge and agree that any claim or dispute in any arbitrationor proceeding shall be brought on an individual basis only, and not as a class action or collective
action, and there is no right or authority for any dispute or claim to be brought in a purported
representative capacity on behalf of the general public or any other persons. Regardless ofanything herein, the interpretation, applicability or enforceability of the Class Action Waiver
may only be determined by a court and not an arbitrator.
I. Changes​Fox Ordering reserves the right to change this "Dispute Resolution" section.
Notwithstanding the provisions of the modification-related provisions above, if Fox Orderingchanges this "Dispute Resolution" section after the date you first accepted this Agreement (oraccepted any subsequent changes to this Agreement), you agree that your continued use of theSites after such change will be deemed acceptance of those changes. If you do not agree to suchchange, you may reject any such change by providing Fox Ordering written notice of suchrejection by mail or hand delivery to: Fox Ordering, 4301 Oak Circle Suite 7, Boca Raton FL,
33431 or by email from the email address associated with your account to:support@foxordering.com​​, within 30 days of the date such change became effective, as
indicated in the "Effective" date above. In order to be effective, the notice must include your fullname and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By
rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Fox

Ordering in accordance with the provisions of this "Dispute Resolution" section as of the date
you first accepted this Agreement (or accepted any subsequent changes to this Agreement, asapplicable).
17. WAIVER AND SEVERABILITY
Any waiver by Fox Ordering of any provision of this Agreement must be in writing. If any
portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that
portion shall be deemed to be superseded by a valid, enforceable provision that matches theintent of the original provision as closely as possible. The remainder of this Agreement shallcontinue to be enforceable and valid according to terms contained herein.
18. NOTICE FOR CALIFORNIA USERS.
Under California Civil Code Section 1789.3, California users of the Sites are entitled to thefollowing specific consumer rights notice: The headquarters of Fox Ordering is currently locatedat 4301 Oak Circle Suite 7, Boca Raton FL, 33431, phone: (866) 883 – 6967. The charges for the
Site’s services are specified on the Sites. If you have a complaint regarding the Site’s services orwant to request a paper copy of these terms of use, please contact Fox Ordering by writing to theaddress above, by phone at the number above, or by e-mail at support@foxordering.com. The
Consumer Information Center of the Department of Consumer Affairs may be contacted inwriting at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at(800) 952-5210 or (800) 735-2929 TTY.