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Terms of Use

Hi, there! Thank you for visiting and using MoMo services. Please read through this Terms of Use and our Privacy Policy. You will have to agree both Privacy policy and Terms of Use so as to use MoMo services and/or websites.

In order to make sure that MoMo’s customers are highly satisfied, by using this website or the MoMo Services, you are agreeing to abide by these Terms of Use (the “Terms”), which constitute a legally binding agreement between you and MoMo, LLC and which govern your use of and access to the momolunchbox.com website

As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that the Terms include the following material terms:

  1. the MoMo Services are provided “as is” without warranties of any kind and MoMo’s liability to you is limited;
  2. if you have an MoMo account, you may receive coupons when using the MoMo Service which can only be used on the MoMo Service within thirty (30) days of receipt of the coupon.
  3. disputes arising hereunder will be resolved by binding arbitration, and  BY ACCEPTING THESE TERMS, YOU AND MOMO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms (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 note that 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 Website and the MoMo Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the MoMo Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the MoMo Services.

The Website is owned and operated by MoMo, LLC (“MoMo”), and is currently hosted in the United States. MoMo reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the MoMo Services (or any part thereof) with or without notice. You agree that MoMo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MoMo Services.

Please note that MoMo may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the MoMo Services. MoMo may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the MoMo Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and MoMo reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

THE WEBSITE AND THE MOMO SERVICES

The Website and the MoMo Services are a third-party marketplace for customers (“Customers”) to view, discuss, and place orders for food and beverages, and pick- up and/or delivery services in connection therewith, with participating restaurants (the “Restaurants”). MoMo provides order placement services only. MoMo is not a merchant of food or beverages, or provider of any pickup or delivery services in connection therewith and does not control the Restaurants or the production of any food or beverages, or any pick-up or delivery services therewith.

The Restaurants have entered into agreements with MoMo to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. MoMo, including the Website and the MoMo Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.

Customers using the MoMo Services must make themselves comfortable through the information provided by the Restaurants on the Website, by contacting the MoMo directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. MoMo, including the Website and the MoMo Services, does not in any way guarantee the quality of any Restaurant or any food or beverage, or any pickup-up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; MoMo does not investigate or verify any such representations. MoMo shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the MoMo Services).

We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify MoMo of all complaints or concerns that you might have regarding the Restaurants.

ORDERING AND PAYMENT

When you place an order through the MoMo Services, you will be given a choice of payment options, which may include via credit card. If you pay for your purchase via credit card, we will ask for a valid credit card which will be billed through the MoMo Services, for the purchase price of the applicable order, and “MoMo” will be the name that appears on the credit card. As stated above, however, MoMo, including the Website and the MoMo Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.

USER REPRESENTATIONS, WARRANTIES AND COVENANTS

By using the Website and/or the MoMo Services, you represent, warrant, and covenant that:

  • all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;
  • you will keep your password confidential and will be responsible for all use of your password and your account;
  • you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you are above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website and the MoMo Services; and
  • your use of the Website and the MoMo Services does not violate any applicable law.

 

SUBMISSIONS AND FEEDBACK

You acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the MoMo Services (“Submissions”) provided by you to or via MoMo, the Website, or the MoMo Services are non-confidential and MoMo (as well as any designee of MoMo) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

The Website and the MoMo Services are for personal, noncommercial use only (unless specifically endorse or approved by MoMo). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to MoMo, including the Website and the MoMo Services, are prohibited:

  • criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by MoMo;
  • systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
  • engaging in unauthorized framing of or linking to the Website or the MoMo Services;
  • transmitting chain letters or junk email;
  • using any information obtained from the Website or the MoMo Services in order to contact, advertise to, solicit, or sell to any user;
  • engaging in any automated use of the Website or the MoMo Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
  • interfering with, disrupting, or creating an undue burden on the Website or the MoMo Services or the networks or services connected or linked thereto;
  • attempting to impersonate another user or person;
  • using the username of another user;
  • selling or otherwise transferring your profile;
  • using any information obtained from the Website or the MoMo Services in order to harass, abuse, or harm another person;
  • using the Website or the MoMo Service as part of any effort to compete with MoMo, the Website, or the MoMo Service or to provide services as a service bureau;
  • deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the MoMo Services;
  • attempting to bypass any measures of the Website or the MoMo Services designed to prevent or restrict access to the Website or the MoMo Services, or any portion of the Website or the MoMo Services;
  • harassing, annoying, intimidating or threatening any MoMo employees or agents engaged in providing any portion of the MoMo Services;
  • displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website or the MoMo Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
  • deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website or the MoMo Services (including any content therein and thereof); and
  • using the Website and/or the MoMo Services in any manner inconsistent with any and all applicable laws and regulations.

 

INTELLECTUAL PROPERTY RIGHTS

As between you and MoMo, all of the content included in and as a part of the Website and the MoMo Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “MoMo Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to MoMo, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. MoMo reserves all rights in and to the Website, the MoMo Services, and the MoMo Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the MoMo Services; the license granted hereby does not include any resale or commercial use of the Website, the MoMo Services, or the MoMo Content. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any MoMo Content or enforce limitations on use of the Website or the MoMo Content therein.

THIRD PARTY WEBSITES AND CONTENT

The Website and the MoMo Services may contain, or you may be sent through the Website or the MoMo Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by MoMo (including the Website and the MoMo Services), and MoMo (including the Website and the MoMo Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that MoMo (including the Website and the MoMo Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the MoMo Services or as may otherwise relate to any applications that you use or install from the Website or through the MoMo Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and MoMo (including the Website and the MoMo Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.

SITE MANAGEMENT

MoMo reserves the right but does not have the obligation to:

  1. monitor the Website and the MoMo Services for violations of these Terms;
  2. take appropriate legal action against anyone who, in MoMo’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
  3. in MoMo’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of MoMo, the Website, and/or the MoMo Services;
  4. in MoMo’s sole and absolute discretion, remove from the Website or the MoMo Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the MoMo Services’ systems; and
  5. otherwise manage the Website in a manner designed to protect the rights and property of MoMo and others and to facilitate the proper functioning of the Website and the MoMo Services.

INDEMNITY

You agree to indemnify and hold MoMo, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Sites, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to the Sites.

DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY MOMO, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOMO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MOMO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF MOMO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE SITES. MOMO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. MOMO ASSUMES NO RESPONSIBILITY 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 THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MOMO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MOMO OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND MOMO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVENBY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MOMO 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 ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

CONSIDERATION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or services through the Sites, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.

JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

This Site is created and controlled by MoMo. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Massachusetts, without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. MoMo makes no claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

GENERAL

Enforceability.

If any portion of these Terms of Use 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 the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement.

Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of MoMo's Privacy Policy, constitute the entire agreement between you and MoMo, superseding all prior agreements regarding the Sites.

No Waiver.

The failure of MoMo to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.