Terms of Service

Last Updated: March 31, 2016

Welcome to Gigamunch, a service owned and operated by OmniNexus, Inc., (hereafter referred to as, "Gigamunch", “We”, “Us”, or “Our”). We connect passionate local chefs (individually known as, "Chef") with eaters (hereafter referred to as, “Muncher”, “Eater”, or collectively “Munchers”) through an online marketplace (the "Services") allowing Chefs to provide food items and information about the food items (the “Meals”) and munchers to purchase and pickup/have delivered the Meals prepared by Chefs. By using the Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference.

These Terms of Service (these "Terms" or the "Agreement") are important and govern your use and access of http://www.eatgigamunch.com (the “Website”), the Gigamunch mobile application (the “App”), and the services they provide, (together the “Services”). If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website or App. Failure to use the Website and App in accordance with these Terms may subject you to civil and criminal penalties.

  1. KEY TERMS
  2. MODIFICATION OF THE SERVICES AND THE TERMS OF SERVICE
  3. DISCLOSURES
  4. PRIVACY POLICY
  5. ELIGIBILITY
  6. TERMS OF SALE
  7. LICENSE TO ACCESS AND USE THE SERVICES
  8. THIRD-PARTY SERVICES AND CONTENT
  9. PAYMENT INFORMATION
  10. REFUNDS
  11. REGISTRATION AND ACCOUNT INFORMATION
  12. USER CONDUCT
  13. USER CONTENT
  14. RIGHTS IN USER CONTENT
  15. FEEDBACK
  16. NETWORK ACCESS AND DEVICES
  17. INDEMNIFICATION
  18. GENERAL DISCLAIMERS
  19. LIMITATION OF LIABILITY; RELEASE
  20. MODIFICATION TO THE SERVICES
  21. COPYRIGHT COMPLAINTS
  22. LIMITATION ON TIME TO COMMENCE ACTION, JURISDICTION AND ARBITRATION
  23. GOVERNING LAW AND VENUE
  24. TERMINATION
  25. SEVERABILITY
  26. MISCELLANEOUS
  1. KEY TERMS
  2. “Chef” means a Member who prepares and/or serves food via the Website, App or Services.

    “Gigamunch Account” means the account you as a muncher and/or the account you created as a chef with Gigamunch.

    “Meal” means any food listing offered by a Chef and available for reservation via the Website, App, or Services.

    “Member” means a person who completes Gigamunch’s account registration process, including, but not limited to Chefs and Munchers.

    “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Website, App, or Services.

    “Muncher” means a Member who requests to reserve food via the Website, App or Services, or a Member who consumes food prepared by the Chef and marketed via Gigamunch.

    “Occasional Sales” means encountered, occurring, appearing, or taken at irregular or infrequent intervals.

    “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.


  3. MODIFICATION OF THE SERVICES AND THE TERMS OF SERVICE
  4. These Terms expressly overrule any prior agreements or arrangements with you. Gigamunch may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason or no reason.

    Gigamunch may amend the Terms related to the Services from time to time. Amendments will be effective upon Gigamunch posting such updated Terms at this location or the amended policies or supplemental terms on our Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.


  5. DISCLOSURES
  6. THE SERVICES COMPRISE AN ONLINE MARKETPLACE THROUGH WHICH LOCAL CHEFS MAY CREATE MEAL LISTINGS AND USERS MAY LEARN ABOUT THE MEAL LISTINGS AND SCHEDULE PURCHASE AND PICKUP OR DELIVERY OF THE MEAL(S). YOU ACKNOWLEDGE THAT GIGAMUNCH IS NOT A PROVIDER OF FOOD SERVICES OR DOES NOT FUNCTION AS A BUSINESS THAT SELLS FOOD AND BEVERAGES. YOU UNDERSTAND AND AGREE THAT GIGAMUNCH IS NOT A PARTY TO ANY AGREEMENT ENTERED INTO BETWEEN CHEFS AND USERS. GIGAMUNCH HAS NO CONTROL OVER THE CONDUCT OF CHEFS, USERS AND GIGAMUNCH ACCOUNT HOLDERS OF THE SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    CHEFS SHOULD UNDERSTAND HOW THE LAWS, RULES AND/OR REGULATIONS WORK IN THEIR RESPECTIVE STATES AND CITIES (COLLECTIVELY, "JURISDICTIONS"). SOME JURISDICTIONS HAVE LAWS, RULES AND/OR REGULATIONS THAT MAY LIMIT A CHEF'S ABILITY TO PROVIDE MEALS AND/OR FOOD SERVICES. THESE LAWS, RULES AND/OR REGULATIONS CAN BE PART OF A JURISDICTION'S ADMINISTRATIVE, AGRICULTURE AND/OR HEALTH CODES. IN MANY JURISDICTIONS, CHEFS MUST REGISTER, GET A PERMIT, AND/OR OBTAIN A LICENSE BEFORE PROVIDING MEALS OR ENGAGING IN AND/OR PROVIDING THE SERVICES. CERTAIN JURISDICTIONS MAY PROHIBIT CHEFS FROM ENGAGING IN AND/OR PROVIDING THESE SERVICES ALTOGETHER. STATE AND LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS, RULES AND/OR REGULATIONS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. CHEFS SHOULD REVIEW ALL STATE AND LOCAL LAWS, RULES AND REGULATIONS BEFORE USING THE SERVICES. A CHEF IN TENNESSEE ACKNOWLEDGES THAT HE OR SHE EMPLOYS NO REGULAR, FULL-TIME EMPLOYEES, THE FOOD PREPARED FOR SELLING TO MUNCHERS IS SOLELY PERFORMED WITHIN THE CONFINES OF THE PRINCIPAL RESIDENCE OF THE PROPRIETOR, AND HE OR SHE DOES NOT PAY FOR ADVERTISING AND CHEF MAKES ONLY “OCCASIONAL SALES” DURING ANY GIVEN THIRTY-DAY PERIOD.

    YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, APP OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICE OR HAVE A GIGAMUNCH ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE, APP AND SERVICES.

    You acknowledge and agree that you alone are responsible for any and all Meals that you provide through the Website, App and Services. Accordingly, you represent and warrant that any Meal you post and any Meal provided by Chef via the Website, App and Services will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Meals listed or included via the Service, Website and App that you post (including having all required permits, licenses and registrations). Please note that Gigamunch assumes no responsibility for a Chef's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. You acknowledge and agree that as a Chef you are responsible for your own acts and omissions. Gigamunch reserves the right, at any time and without prior notice, to remove or disable access to any Meals posted for any reason, including Meal postings that Gigamunch, in its sole discretion, considers objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, App or Services.


  7. PRIVACY POLICY
  8. By using the Services you are subject to Gigamunch’s Privacy Policy located at http://www.eatgigamunch.com/privacy, which is incorporated into and made part of these Terms of Service. The Privacy Policy provides information on how we collect, use and disclose information about you. If you have any questions about the Gigamunch Privacy Policy, you may contact Gigamunch at support@eatgigamunch.com


  9. ELIGIBILITY
  10. The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (d) do not have more than one Gigamunch Account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.


  11. TERMS OF SALE
  12. Gigamunch does not support or approve its Services for any unlawful purposes. All information you provide through your Gigamunch Account, whether on our Services or to a third party, must be truthful, accurate and current. You shall correct any information that is no longer accurate or current. You must not “stalk” or otherwise harass another Member or any other person. You must not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

    Gigamunch makes a significant effort to require Chefs to describe each Meal accurately on our Services. However, since the Meals are prepared by Chefs and not Gigamunch, a Meal may not look or taste exactly how it was described or depicted. You understand that this is normal, and you agree to accept such a Meal, regardless of variation from its description or depiction. We cannot and do not guarantee the accuracy of any description or depiction of any Meal. We reserve the right to change or update any such description or depiction and to correct errors, inaccuracies, or omissions at any time without giving you notice.

    Gigamunch does not endorse any Chef or Meal and Gigamunch does not represent that a Meal is suitable or safe for your consumption. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Member or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Gigamunch with respect to such actions or omissions.

  13. LICENSE TO ACCESS AND USE THE SERVICES
  14. Unless otherwise indicated in writing by us, the Website, the App, the Service and all content and other materials contained therein, including, without limitation, the Gigamunch logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as described herein), other files and the selection and arrangement thereof (collectively, the “Content”) are the proprietary property of Gigamunch or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.

    Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable license to access and use the Services. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Services and the Contents, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us, and (f) use the Services or Content other than for their intended purposes, which shall be limited to use in furtherance of the Services. Any use of the Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. 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 Gigamunch or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

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

  15. 8. THIRD-PARTY SERVICES AND CONTENT
  16. We may display content, advertisements and promotions from third parties through our Services, in connection with delivery of the items or as part of the Services (collectively, “Third Party Content”). 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 are solely between you and such third parties, and that Gigamunch is not responsible or liable in any manner for such interactions or Third Party Content.

  17. PAYMENT INFORMATION
  18. We do not charge to register with us, create a Gigamunch Account, use our Website or download the App on your mobile device. Gigamunch uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells ."

    10. REGISTRATION AND ACCOUNT INFORMATION

    In order to use certain current or future portions or functionalities of the Services, Users are required to register for a Gigamunch Account. Users who wish to become Chefs must sign up to a separate Account at eatgigamunch.com. Gigamunch reserves the right to reject any user name selected by you and/or revoke your right to any previously selected user name and give such user name to any other person or entity in Gigamunch’s sole discretion and without any liability to you.

    You are responsible for maintaining the confidentiality of your Gigamunch Account in order to use the Services, and are fully responsible for all activities that occur through your Gigamunch Account. You agree to notify Gigamunch immediately of any unauthorized use of your Gigamunch Account or any other breach of security with respect to your Gigamunch Account. Gigamunch will not be liable for any loss or damage arising from unauthorized use of your Gigamunch Account prior to you notifying Gigamunch of such unauthorized use or loss.

    You agree to provide accurate, current, complete and non-misleading information to Gigamunch in connection with your creation of a Gigamunch Account and during your use of the Services. Gigamunch reserves the right to suspend or terminate your access to the Website, the App and/or the Services if any information provided to Gigamunch in connection with your Gigamunch Account or use of the Website and/or Services proves to be inaccurate, not current, incomplete or misleading. Gigamunch reserves the right to terminate your account immediately with or without notice to you and without any liability to you. If messages or phone calls sent to an email address or phone number provided by you and associated with your Gigamunch Account are returned as undeliverable, Gigamunch reserves the right to terminate your account for those reasons but not limited to those reasons.

  19. REFUNDS
  20. All complaints should be made within 48 hours of receiving the meal. Once we receive your complaint, we will investigate it and notify you that we have received your complaint and started investigation. While investigating the issue we will ask you all the necessary questions needed to resolve the issue. If your complaint is approved, we will initiate a refund to your credit card. You will receive the credit within a certain amount of days, depending on your card issuer's policies.

  21. USER CONDUCT
  22. In connection with your use of our Website, App, and Services, you may not and you agree that you will not:

    • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions;
    • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
    • interfere with or damage our Website, App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • use our Website, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    • use our Website, App or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
    • “stalk” or harass any other user of our Website, App, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Gigamunch Muncher or Chef;
    • register for more than one Gigamunch Account or register for a Gigamunch Account on behalf of an individual other than yourself;
    • contact a Chef for any purpose other than asking a question related to a food items, such as a Chef’s Meals;
    • contact a Muncher for any purpose other than asking a question related to a food item(s), Meal, or such Muncher’s use of the Website, App and Services;
    • when acting as a Muncher or otherwise, recruit or otherwise solicit any Chef or other Member to join third party services or websites that are competitive to Gigamunch, without Gigamunch’s prior written approval;
    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
    • use automated scripts to collect information or otherwise interact with the Website, App or Services;
    • use the Website, App and Services to find a Chef or Muncher and then complete a purchase of a Meal transaction independent of the Website, App or Services in order to circumvent the obligation to pay any Service Fees related to Gigamunch’s provision of the Services;
    • as a Chef, submit any Meal with false or misleading price information, or submit any Meal with a price that you do not intend to honor; or
    • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
    • systematically retrieve data or other content from our Website, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
    • use, display, mirror or frame the Website or App, or any individual element within the Website, Services, or App, Gigamunch’s name, any Gigamunch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Gigamunch’s expressed written consent;
    • access, tamper with, or use nonpublic areas of the Website or App, Gigamunch’s computer systems, or the technical delivery systems of Gigamunch’s providers;
    • attempt to probe, scan, or test the vulnerability of any Gigamunch system or network or breach any security or authentication measures;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Gigamunch or any of Gigamunch’s providers or any other third party (including another user) to protect the Website, Services, App or Collective Content;
    • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services, App or Collective Content to send altered, deceptive or false source-identifying information;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website, Services, App or Collective Content; or
    • advocate, encourage, or assist any third party in doing any of the foregoing.

    Gigamunch is not responsible or liable for any Member Conduct. Gigamunch will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Gigamunch may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Gigamunch has no obligation to monitor your access to or use of the Website, App, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Website, App and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Gigamunch reserves the right, at any time and without prior notice, to remove or disable access to any Website Content that Gigamunch, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website, App or Services.

  23. USER CONTENT
  24. The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, videos, sounds, graphics, code, items or other materials (collectively, "User Content"). You understand that this User Content will be viewable by others in accordance with the services provided. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Websites.

    By using the interactive features and areas of Gigamunch, you further agree not to create, post, share or store any of the following:

    • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
    • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
    • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
    • User Content that impersonates, or misrepresents your affiliation with, any person or entity;
    • User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
    • User Content that contains any private or personal information of a third party without such third party's consent;
    • User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
    • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying Gigamunch Services that may expose Gigamunch or others to any harm or liability of any type.

    We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on Gigamunch at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on Gigamunch at your sole cost and expense.

  25. RIGHTS IN USER CONTENT
  26. The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, videos, sounds, graphics, code, items or other materials (collectively, "User Content"). We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to our Services or third-party websites, mobile apps or other online platforms connected to our Services, (e.g., Gigamunch Facebook page, Instagram page or Twitter feed), you hereby grant Gigamunch a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

    By uploading, posting or submitting User Content to Gigamunch through our Services or third-party websites, mobile apps or other online platforms connected to our Services, you represent and warrant that (a) such User Content is non-confidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize Gigamunch to use such User Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.

  27. FEEDBACK
  28. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website, App and Services (“Feedback”). Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Gigamunch or the Meals. Feedback is non-confidential and shall become the sole property of Gigamunch. Gigamunch shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  29. NETWORK ACCESS AND DEVICES
  30. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device or when you receive text messages and other communications from Gigamunch. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Gigamunch does not guarantee that our Services, or any portion thereof, will function on any particular hardware or devices. In addition, our Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  31. INDEMNIFICATION
  32. To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Gigamunch, and our past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Gigamunch Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of our Services or Content, (b) any User Content you create, post, share or store on or through our Services or any User Content you create, post, share or store on third-party websites, mobile apps or other online platforms connected to our Services, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Services. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Gigamunch.

  33. GENERAL DISCLAIMERS
  34. GIGAMUNCH IS ONLY RESPONSIBLE FOR PROVIDING THE WEBSITE, APP AND THE SERVICES UNDER THE TERMS OF THIS AGREEMENT. GIGAMUNCH SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY MEALS THAT YOU ORDER THROUGH THE SERVICE.

    ALL MEALS ARE PROVIDED BY CHEFS WHO USE OUR SERVICES. GIGAMUNCH DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF ANY CHEF OR MEAL. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE MEALS, THEIR CONTENTS AND/OR INGREDIENTS, AND THE WAY IN WHICH THEY ARE PREPARED AND YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE BEFORE HANDLING, USING OR CONSUMING SUCH MEALS. GIGAMUNCH IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLNESS OR OTHER RESULTS OR DAMAGES CAUSED BY THE CONSUMPTION OF ANY MEAL, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY MEALS ORDERED THROUGH THE SERVICE. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

    WE REQUIRE CHEFS TO DISPLAY THE MATERIALS, INGREDIENTS AND INFORMATION YOU VIEW ON OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, INGREDIENTS, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS, INGREDIENTS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.

    YOU FURTHER AGREE THAT THE MEALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE MATERIALS AND/OR INGREDIENTS DISPLAYED ON OUR SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR MOBILE DEVICE, THE AVAILABILITY AND VARIABILITY OF MEALS AND/OR INGREDIENTS, DISTINCT COOKING OR OTHER PREPARATION METHODS USED BY THE CHEFS. THE SERVICES MAY CONTAIN INFORMATION ABOUT MEALS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A MEAL ON OUR SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION AT THE TIME OF YOUR ORDER.

    ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GIGAMUNCH DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, APP, CONTENT, SERVICES, MATERIALS AND MEALS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE WEBSITE, APP OR SERVICES WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIGAMUNCH, OR THROUGH THE WEBSITE, APP, CONTENT, SERVICES, MATERIALS OR MEAL, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  35. LIMITATION OF LIABILITY; RELEASE
  36. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, APP, SERVICES AND COLLECTIVE CONTENT, AND YOUR MEAL OR PURCHASE OF ANY MEALS VIA THE WEBSITE, APP AND SERVICES REMAINS WITH YOU. NEITHER GIGAMUNCH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APP, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, APP, SERVICES, OR FROM YOUR MEAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIGAMUNCH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    IN NO EVENT WILL GIGAMUNCH’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE, APP AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR MEAL, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICES, OR COLLECTIVE CONTENT, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY AMOUNT THAT EXCEEDS THE AMOUNT PAID TO THE COMPANY FOR THE TRANSACTION GIVING RISE TO THE CLAIM FOR LIABILITY

  37. MODIFICATION TO THE SERVICES
  38. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Services (or any features or parts thereof) at any time and without liability therefor.

  39. 20. COPYRIGHT COMPLAINTS
  40. In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Services by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:

    Attention: Copyright Agent Gigamunch 205 W Speck Rd. Cookeville, TN 38506

    Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorney's’ 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.

  41. LIMITATION ON TIME TO COMMENCE ACTION, JURISDICTION AND ARBITRATION
  42. You agree that any cause of action arising out of or related to these Terms and our Services must commence by you within one (1) year after the cause of action arose; otherwise, your ability to bring any case or cause or action against Gigamunch shall be permanently barred. Nothing herein shall be deemed to limit the period during which Gigamunch may bring any cause of action arising out of this Agreement against you. These Terms will be interpreted in accordance with the laws of the State of Tennessee and the United States of America, without regard to its conflict of law provisions. This Agreement shall inure to the benefit of each party and its successors, assigns and agents. Gigamunch may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice or to any other entity upon prior written notice to you.

    Binding Arbitration. Any dispute or claim between you and Gigamunch, arising out of, or relating in any way to, the Terms, the Services, or your use of the Services (“Dispute”) shall be resolved exclusively by final, binding arbitration. By virtue of this Agreement you and Gigamunch are each giving up the right to go to court and have any Dispute heard by a judge or jury.

    The provisions of this Section shall constitute your and Gigamunch’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Agreement”). Any modification to this Agreement shall be in writing and signed by you and Gigamunch. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. All arbitrations are to be conducted in Putnam County, State of Tennessee.

    No Class Action Matters. You and Gigamunch expressly agree that each shall bring any dispute, in any amount, against the other, in each other’s respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that all disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

  43. GOVERNING LAW AND VENUE
  44. These Terms, your access to and use of the Services shall be governed and construed and enforced in accordance with the laws of the State of Tennessee, without regard to conflict of law rules or principles (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Tennessee and United States, respectively, sitting in the State of Tennessee, County of Putnam, City of Cookeville.

  45. TERMINATION
  46. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, at any time and for any reason or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

  47. SEVERABILITY
  48. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

  49. MISCELLANEOUS
  50. These Terms constitute the entire agreement between you and Gigamunch relating to your access to and use of our Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Gigamunch. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Gigamunch's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.