Terms of Service

Updated April 13, 2020

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY USING THE SERVICE AND ANY DINE REPUBLIC APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING THE PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, DO NOT USE DINE REPUBLIC APPLICATIONS OR ANY SERVICES PROVIDED BY US.

These terms of service (the “Terms”) apply to your access and use of the website located at www.dinerepublic.com, any iOS or Android application (collectively “Application”) and services, feature, content, and tools provided by Dine Republic (“Dine Republic”, “we”, “our” or “us”) by means of the Application or our employees and representatives. The Application and stated services will be referred to collectively as the “Service.” The terms do not alter in any way the terms or conditions of any other agreement that you may have with Dine Republic for the Service (or any part thereof). All disputes between you and Dine Republic will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT or assert or defend your rights under this contract, except for matters that may be taken to small claims court. 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 Section 19 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Dine Republic.

We reserve the right to modify or change any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and at our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at https://dinerepublic.com (the “Site”) or when such revisions are made available via the Service, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended Terms you must stop using the Service.

If you have any questions regarding the use of the Service, please email us at support@dinerepublic.com.

1. ELIGIBILITY

You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (i) you are least 18 years of age; (ii) you have not previously been suspended or removed from the Services; and (iii) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and Dine Republic for violations of these Terms.

2. ACCOUNTS AND REGISTRATION

You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you may provide to Dine Republic, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Dine Republic.

Dine Republic is under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Application and Services. you are only authorized to create and use one account for the Service and are prohibited from utilizing alter-egos or other disguised identities when utilizing the Application or Services.

3. PAYMENT

When you make a purchase via the Service you are representing to us that : (i) any credit information you supply is true and complete; (ii) charges incurred by you will be honored by your credit card company or bank; and (iii) you will pay the charges incurred by you at the posted prices on our website or via your invoice, including any applicable taxes. For invoiced sales, payment terms are due prior to the delivery of service unless otherwise agreed in writing. A credit card or debit card may be required to place any orders that are below a certain size. Dine Republic reserves the right to charge a 3% late fee on any past due invoices. You are also acknowledging that Dine Republic retains your payment as compensation for purchasing and transporting the food and beverages, regardless of whether you are able to pick up and consume the food or beverages within the designated time window, or if you refuse acceptance of a confirmed order at the time of delivery.

4. CANCELLATION POLICY

Dine Republic allows program administrators to cancel or modify an orders to accommodate last minute changes or unforeseen conditions. We require a written notice through your account manager or via email to support@dinerepublic.com or telephone at (408) 800-5766. The cancellation policy is as follows and varies depending on the service provided: (i) daily catering services by 6pm Pacific Time on the Thursday prior to the week in which meals will be delivered; (ii) event catering services and any other services require a cancellation notice of at least 48 hours prior to the delivery date unless otherwise specified by the account manager. Dine Republic defines a cancellation as an absence of all, or substantially all, placed orders for the scheduled delivery date, or a request to cancel all existing orders with less than the aforementioned time periods.

Dine Republic reserves the right to charge 50% of the expected orders if cancelled in bulk (by individuals or program administrators) after the allowed cancellation period stated herein. For cancellations after the allowed cancellation period we reserve the right to charge the full amount of any orders placed in our system. These charges would be payable in the next invoice or immediately upon cancellation of the Service.

5. SERVICE LIMITATIONS AND OTHER FEES

Dine Republic charges variable fess for delivery, which will be assessed based on the order size, delivery location, or the service being provided. Similarly, in certain instances, Dine Republic may require a minimum order quantity of at least 5 meals to be purchased per order.

Dine republic may choose to change the fees or minimum meal requirement for Dine Republic’s delivery services, at which point Dine Republic will provide you with notice of the change. Dine Republic will notify you of these changes via email, telephone, or SMS. Such changes are effective immediately, unless stated otherwise. Dine Republic may, at Dine Republic’s discretion, change some or all of Dine Republic’s services at any time. In the event that Dine Republic introduces a new service, the specific fees for that service are effective at the launch of the service.

Dine Republic’s services may only be available on certain days, or locations, based on your agreement with Dine Republic. if availability of these services changes, Dine Republic will communicate the changes to you in a timely manner.

6. GRANT AND RESTRICTIONS

Subject to the terms, conditions and limitations set forth in the Terms, Dine Republic grants you a non-exclusive, non-transferrable and revocable license to use the Application on any device that you own or control. The terms of the license will also govern any upgrades provided by Dine Republic that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

You agree not to do, or authorize or permit any third-party to do, any of the following: (i) rent, lease, lend, sell, redistribute or sublicense the Application; (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent of the foregoing restrictions are prohibited by applicable law); or (iii) remove, alter or obscure any copyright, trademark or other proprietary restrictions, your use of the Application will immediately cease and you will have infringed the copyright and other rights of Dine Republic, which may subject to you to prosecution and damages. Dine Republic reserves all rights not expressly granted to you in the Terms.

7. CONSENT TO USE DATA AND MOBILE COMMUNICATIONS

You agree that Dine Republic may collect and use technical data, personal information and related information in connection with your use of the Application including, but not limited to , contact information and technical information about your device, system and application software, peripherals, that are gathered periodically to facilitate the features and functionality of the Application and of software updates, product support and other services. You also consent to our communicating with you about the Application or in connection with the features, functions and activities contained in the Application.

8. COMPATIBILITY WITH DEVICES

Dine Republic does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed or used in connection with your mobile device or any other device.

9. CARRIER & INTERNET SERVICE PROVIDER (ISP) CHARGES

You acknowledge and understand that the Service requires and utilizes phone services, ISP services, data and text messaging may apply and you are responsible for any such charges.

10. PRODUCT & SERVICE DESCRIPTIONS

Dine Republic attempts to be as accurate as possible when providing product and service descriptions. However, Dine Republic does not warrant that the Service is complete, reliable or error-free. If you have reason to believe that a food or beverage item you purchased through the Service does not meet the claims advertised within the Service your sole remedy is to photograph your food item and contact Dine Republic immediately, and in any case no later than two business days following the purchase date. Dine Republic will make a determination as to the merits of your claim in our sole discretion.

11. CREDITS

Dine Republic credit is not redeemable for cash or cash equivalents, is non-transferrable and may not be applied towards prior purchase. Dine Republic credit may be returned to the issuing payment method at the request of the customer. Other restrictions may apply.

12. ELECTRONIC COMMUNICATIONS

When you use the Service or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

13. USER CONTENT AND YOUR CONDUCT

The Service includes reviews and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you share.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:

User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Service;
Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without Dine Republic’s express written consent.
You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Collect any personally identifiable information about other users (except as specifically authorized by Dine Republic), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Service; Use the Service for any commercial purpose;
Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by Dine Republic;
Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age;
Modify, adapt, hack or emulate the Service;
Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and
Infringe upon or violate the rights of Dine Republic, its users or any third-party.

Dine Republic takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service, nor is Dine Republic liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive

Areas and the Service is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at Dine Republic’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

14. THIRD-PARTY CONTENT

Dine Republic may provide third-party content via the Service and may provide links to Web pages and content of third-parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Dine Republic does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that Dine Republic is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.

15. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

Dine Republic may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. Dine Republic is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Dine Republic advertisers or third-party information accessible via the Service.

16. TRADEMARKS

The Dine Republic name and logo are trademarks or registered trademarks of Dine Republic, LLC in the United States. These marks may not be reproduced or used without Dine Republic, LLC’s prior written permission. You may not use any metatags or any other “hidden text” utilizing “Dine Republic” or any other name, trademark or product or service name of Dine Republic without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dine Republic and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

17. OWNERSHIP

The Service (including, but not limited to, the Application) contains the valuable proprietary content of Dine Republic and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of the Terms.

18. TERMINATION OR MODIFICATION OF APPLICATION.

Dine Republic reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Dine Republic be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).

19. TERMINATION

If you breach any of the terms or conditions of the Terms or Dine Republic discontinues the Application, the Terms will automatically terminate. In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms will immediately terminate; and (ii) you must immediately cease all use of the Application and destroy or erase all copies of the Application in your possession or control. All of the sections of the Terms will survive any termination of the Terms except the License section and the Consent to Use of Data and Mobile Communications section. Any use of the Application after termination is unlicensed and is in violation of the copyright and other rights of Dine Republic. Dine Republic and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

20. UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

21. INFORMATION AND PRESS RELEASES

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

22. DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DINE REPUBLIC DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (ii) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT DINE REPUBLIC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. DINE REPUBLIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY DINE REPUBLIC OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

23. INDEMNIFICATION

You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.

24. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DINE REPUBLIC BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF DINE REPUBLIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL DINE REPUBLIC’S TOTAL LIABILITY, 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 OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.

25. DISPUTE RESOLUTION AND ARBITRATION

25.1 Generally. In the interest of resolving disputes between you and Dine Republic in the most expedient and cost effective manner, you and Dine Republic agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DINE REPUBLIC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

25.2 Exceptions. Despite the provisions of section 25.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

25.3 Arbitrator. Any arbitration between you and Dine Republic will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Dine Republic.

25.4 Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by e-mail (“Notice”). Dine Republic’s address for Notice is: Dine Republic, LLC, 111 North Market Street, Suite #300, San Jose, CA 95113. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Dine Republic may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Dine Republic must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Dine Republic will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Dine Republic in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

25.5 Fees. If you commence arbitration in accordance with these Terms, Dine Republic will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Dine Republic for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

25.6 No Class Actions. YOU AND DINE REPUBLIC 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 Dine Republic agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

25.7 Modifications to this Arbitration Provision. If Dine Republic makes any future change to this arbitration provision, other than a change to Dine Republic’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Dine Republic’s address for Notice, in which case your account with Dine Republic will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

25.8 Enforceability. If Section 25.6 is found to be unenforceable or if the entirety of this Section 25 is found to be unenforceable, then the entirety of this Section 25 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 28 will govern any action arising out of or related to these Terms.

26. COPYRIGHT COMPLAINTS

Dine Republic respects the intellectual property rights of others and we ask our users to do the same. Dine Republic complies with all applicable provisions of the Digital Millennium Copyright Act. If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Your name, address, telephone and e-mail contact information;
Identify the copyrighted work and/or trademark claimed to have been infringed;
Identify the content on Dine Republic’s site that you claim infringes your intellectual property;
A description of where the claimed infringing Content is located on our Site (please provide URLs);
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property 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 intellectual property involved.

Designated Agent address: 111 North Market Street, Suite #300, San Jose, CA 95113

Please see 17 U.S.C. §512(iii)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

27. REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Dine Republic has adopted a policy of terminating, in appropriate circumstances and at Dine Republic’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Dine Republic may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

28. LAW AND VENUE

The Terms and your use of the Service including, but not limited to, the Application will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions.

29. EXPORT LIMITATIONS

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

30. PRIVACY POLICY

Updated June 14, 2017

This privacy policy (“Policy”) explains how personally identifiable information is collected, used and disclosed by Dine Republic (“Dine Republic”, “we” or “us”) with respect to your access and use of Dine Republic’s iOS application, mobile web application and the website located at dinerepublic.com (collectively, the “Application”) and other services available through the Application (collectively, the “Service”) so you can make an informed decision about using the Service.

We reserve the right to change the provisions of this Policy at any time. We will alert you that changes have been made by indicating on this Policy the date it was last updated. We encourage you to review this Policy from time-to-time to make sure that you understand how any personally identifiable information you provide to us or collected about you will be used.

What is Personal Information?

As used in this Policy, the term “personally identifiable information” means information that specifically identifies an individual (such as a name, user name or e-mail address), or information about that individual that is directly linked to information that specifically identifies an individual. Personally identifiable information does not include “aggregate” information, which is data we collect about the use of the Service or about a group or category of services or users, from which individual identities or other personally identifiable information has been removed. This Policy in no way restricts or limits our collection and use of aggregate information.

What information do we collect?

Active Collection: We collect information from you in various ways when you use the Service. For example, when you use the Service, we collect information: (i) that is provided to us (such as your name, email address, telephone number, postal address, credit card number, expiration date, authentication code, or similar information); (ii) to which you provide us access; and (iii) about you that is publicly available. You can choose not to provide certain personally identifiable information but, if you choose to do so, you might not be able to take advantage of the Service.
Passive Collection: When you use the Service, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring website, and your activity on the Service. We may also automatically collect certain logistical information in server logs, including information about how you use various features of the Service and information about the number, frequency and length of each session.

We may also automatically collect certain information through the use of “cookies.” Cookies are small data files stored on your hard drive at the request of a website. Among other things, cookies help us to improve the Service and your experience. If we link cookies to any personally identifiable information, we will treat this information as personally identifiable information. If you wish to block, erase, or be warned of cookies, please refer to your browser manufacturer to learn about these functions. However, if you choose to remove or reject cookies, this could affect certain features or services made available via the Service.

We may also employ the use of anonymous identifiers, which are random strings of characters that are used for the same purposes as cookies on platforms, including certain mobile devices, where cookie technology is not available.

We may use Web beacons or similar technology on the Service. Web beacons are small, invisible graphic images that may be used on the Service or in emails relating to the Service to collect certain information and monitor user activity on the Service, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon.

We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). We may associate your device identifiers or phone number with your Dine Republic account.

Personally identifiable information will be stored on secured servers, and we may store and process personally identifiable information in the United States and other countries.

How do we use the personally identifiable information we collect?

We use personally identifiable information collected through the Service for the purposes described in this Policy or elsewhere on the Service. For example, we may use personally identifiable information we collect:

to process and complete any transactions in connection the Service (e.g., to sell you food)
to request feedback and to otherwise contact you about your use of the Service
to respond to your emails, questions, comments, requests and complaints, and to provide customer service
to monitor and analyze Service usage and trends
to personalize and improve the Service, and our users’ experiences with the Service (such as providing content or features that match interests), and to increase the Service’s functionality and user friendliness
to provide you with news and information about events, offers, promotions and services we think will be of interest to you
to send you confirmations, updates, security alerts and support and administrative messages, and otherwise facilitate your use of, and our administration and operation of, the Service
to notify you about important changes to the Service

What personally identifiable information do we share with third-parties?

We will not knowingly share the personally identifiable information we collect from you through the Service with third-parties without your consent, except as described in this Policy or on the Service.

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Service are used. These third parties may have access to your Identity Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose.

You understand that information you provide via the Service as part of a review, photo submission, or similar method will be available to other users and in some cases may be publicly available.

Links to other websites

The Service may contain links to other websites. Any personally identifiable information you provide on the linked pages is provided directly to that third- party and is subject to that third-party’s privacy policy. This Policy does not apply to such linked websites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other websites that are linked to/from the Service. We encourage you to learn about their privacy and security practices and policies before providing them with personally identifiable information.

What steps do we take to protect your information online?

We take reasonable measures to protect your personally identifiable information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can guarantee against any interception or any other type of misuse. To assist with the protection of personally identifiable information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Service by any person using your password. Please advise us immediately if you believe your password has been misused.

What choices do you have regarding the use of your information?

You may “opt out” of receiving marketing or promotional emails from us by following the instructions in those emails. You may also opt out of such marketing emails by following the instructions within such emails or emailing us at support@dinerepublic.com. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations.

31. GOVERNMENT RIGHTS

The Application and related documentation are “Commercial Items,” as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48

C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.