We may change or modify some or all of these Terms from time to time and will post the updated Terms with an “Updated as of” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the GoTo Foods Online Services after these Terms have been changed or modified signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of, and/or participation in the GoTo Foods Online Services. If you do not agree to the changed or modified Terms, then do not use the GoTo Foods Online Services.
PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND OTHER PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN YOU AND US AND THAT LIMIT OUR LIABILITY TO YOU, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS. THESE PROVISIONS ARE SET FORTH IN THE TERMS AND CONDITIONS OF USE.
APPLICABLE TERMS AND CONDITIONS:
OTHER IMPORTANT POLICIES:
Goto Foods Terms And Conditions Of Use
Updated as of February 20, 2024
TABLE OF CONTENTS
- AGREEMENT TO TERMS AND CONDITIONS BY USER
- LINKS TO THIRD PARTY SITES
- RESTRICTIONS ON USE
- NO UNLAWFUL OR PROHIBITED USE
- COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT
- USER GENERATED CONTENT
- IDEA SUBMISSIONS
- PROMOTIONAL/ADDITIONAL FEATURES
- NO RESALE/EXPLOITATION
- PRODUCT FEEDBACK
- GEOGRAPHIC RESTRICTIONS
- JURISDICTION OF THE GOTO FOODS ONLINE SERVICES
- DISCLAIMER OF WARRANTIES
- RESTRICTION OF LIABILITY
- COPYRIGHT AND TRADEMARK INFORMATION
- DISPUTE RESOLUTION (MANDATORY INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER)
- GOVERNING LAW AND VENUE
Agreement To Terms And Conditions Of Use By User
The GoTo Foods Online Services are intended for US residents eighteen (18) years of age and older. If you are a US resident, you represent and warrant that you are eighteen (18) years of age or older. If you are using our Online Services from outside the US, you represent and warrant that you have reached the age of majority in your jurisdiction of residence.
Inks To Third Party Sites
The GoTo Foods Online Services may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, games, software applications, and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product, or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through, or installed from the Site. If you decide to leave the GoTo Foods Online Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Restrictions On Use
The GoTo Foods Online Services, and all of the content they contain, or may in the future contain, including, but not limited to, text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents, and/or any other form of intellectual property (collectively, the “Material”) that relates to the GoTo Foods Online Services (other than and except for “User Generated Content” (as defined herein)) are owned by or licensed by GoTo Foods or other third parties and are protected from any unauthorized use, copying, or dissemination by copyright, trademark, and other intellectual property and non-intellectual property laws. Except as expressly permitted in writing by GoTo Foods, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, any of the Material. Except as otherwise expressly set forth herein, nothing contained in this Agreement or the GoTo Foods Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of GoTo Food’s or such third party that may own the Material or intellectual property displayed on the GoTo Foods Online Services. GoTo Foods may add, change, discontinue, remove, or suspend the display of or access to any of the Material at any time, without notice and without liability. Linking, or any other manner of incorporating the whole or parts of the Sites, including the framing of Sites by sites or site elements controlled by third parties, is strictly prohibited.
No Unlawful Or Prohibited Use
As a condition of your use of the GoTo Foods Online Services, you warrant to GoTo Foods that you will not use the GoTo Foods Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GoTo Foods Online Services in any manner which could damage, disable, overburden, or impair the GoTo Foods Online Services or interfere with any other party’s use and enjoyment of the GoTo Foods Online Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GoTo Foods Online Services.
You need not register with GoTo Foods to simply visit and view the Sites and use many of the Services available on the Sites. However, GoTo Foods may from time to time require you to register for an account in order to access certain password-restricted areas of the Sites and to use certain services and materials offered on and through the Sites and Apps.The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Sites. You agree that you will not provide any false personal information to the Sites or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile. If you select a username for your account, you will not incorporate any third-party intellectual property into your username, and we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a celebrity or trademark owner complains about a username). GoTo Foods shall have the right to approve or reject any requested account, in GoTo Foods’ discretion. If your account is approved, you will be permitted to log in to the applicable Site, App, or Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Site or Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password.
Communication Services; Submissions And Unauthorized Conduct
All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards, or other information communicated to GoTo Foods through the Sites, via the Communication Services or otherwise (each, a “Submission”), will forever be the property of GoTo Foods, except as otherwise expressly stated by GoTo Foods in connection with a specific Submission. GoTo Foods will treat any Submission as nonproprietary and non-confidential. By posting, uploading, inputting, providing, or submitting your Submission you acknowledge that you and not GoTo Foods have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions. Except as otherwise expressly stated by GoTo Foods in connection with a specific Submission, anything you transmit or post becomes the property of GoTo Foods and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.
No compensation will be paid with respect to the use of your Submission, as provided herein. GoTo Foods is under no obligation to post or use any Submission you may provide and may, in GoTo Foods sole discretion, remove any Submission at any time, for any reason, without notice to you.
When using the GoTo Foods Online Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the GoTo Foods Online Services, or another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Site or Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Site or Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Sites and Services, or any part thereof.
- Violate any code of conduct or other guidelines which may be applicable for any particular Site or Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
GoTo Foods has no obligation to monitor, police, or remove any Submissions. However, GoTo Foods reserves the right in its sole discretion to review Submissions and to remove any materials at any time, for any reason, without notice to you. GoTo Foods assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
GoTo Foods reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in GoTo Foods sole discretion. GoTo Foods will fully cooperate with any law enforcement authorities or court order requesting or directing GoTo Foods to disclose the identity of anyone posting any such information or materials.
GoTo Foods reserves the right to terminate your access to any or all the GoTo Foods Online Services at any time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information about yourself or your children on or through the GoTo Foods Online Services. GoTo Foods does not control or endorse the content, messages, or information found in any Communication Service. Therefore, GoTo Foods specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GoTo Foods spokespersons, and their views do not necessarily reflect those of GoTo Foods.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
User Generated Content
Use of User Generated Content
You will retain all ownership of the User Generated Content (subject to the license granted herein). Any Licensee shall have the right, but not the obligation, to use your name or username, and, if provided in connection with the User Generated Content, real name, image, likeness, caption, location information, or other identifying information, in connection with any permitted use of the User Generated Content.
By approving the use of the User Generated Content, you waive (i) any right to review, inspect, or approve the use of such content in any format or media, whether that use is known to you or not; and (ii) any right to royalties or other compensation arising from or related to the use of such content.
Your Obligations and Promises to GoTo Foods with Respect to User Generated Content
You may not upload, post, or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy, or publicity rights or any other harm resulting from any User Generated Content that you provide.
Our current Hashtag Phrases include, without limitation, the following, which list may be updated any time and from time to time, by us without notice to you: #GoToFoods.
GoTo Foods and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans, or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (collectively, “Idea Submissions”) in any form to GoTo Foods or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when GoTo Foods products or marketing strategies might seem like ideas submitted to GoTo Foods. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:
You agree that: (i) your Idea Submission(s) and their contents will automatically become the property of GoTo Foods, without any compensation to you; (ii) GoTo Foods may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (iii) there is no obligation for GoTo Foods to review or use Idea Submission(s); and (iv) there is no obligation to keep any Idea Submission(s) confidential.
Promotional / Additional Features
From time to time, GoTo Foods may offer sweepstakes, contests, or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests, or promotions offered via the GoTo Foods Online Services may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest, or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register, and/or enter. By entering any such sweepstakes, contest, or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the GoTo Foods Online Services for any commercial purpose.
GoTo Foods welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you use the Contact Us feature on this Site. Please provide only specific feedback on GoTo Foods existing products or marketing strategies. Any feedback you provide at this Site shall be deemed to be non-confidential. GoTo Foods shall be free to use such information on an unrestricted basis.
GoTo Foods operates the GoTo Foods Online Services in the United States. We provide the GoTo Foods Online Services for use only by persons located in the United States. GoTo Foods makes no representation that the GoTo Foods Online Services, including the Sites, Materials, or merchandise offered for sale on the Sites and their copyrights, trademarks, patents, and licensing arrangements are appropriate or legal for use in locations other than the United States. If you access the GoTo Foods Online Services from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Jurisdiction Of The Goto Foods Online Services
Except as described otherwise, all materials in the GoTo Foods Online Services are made available only to provide information about GoTo Foods or GoTo Foods’ affiliate or subsidiary. GoTo Foods, or its designee, controls and operates the GoTo Foods Online Services from its headquarters in Atlanta, Georgia, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the GoTo Foods Online Services from other locations, you are responsible for compliance with applicable local laws.
Disclaimer Of Warranties
GOTO FOODS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
GOTO FOODS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Site contains downloadable materials as well as links to external websites. GoTo Foods is not responsible for, and has no control over, the content of such downloadable materials or external websites. The inclusion of any link to such websites does not imply endorsement by GoTo Foods of the websites. You understand that GoTo Foods cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Site, will be free of infection or viruses, worms, Trojan Horses, or other code or defects that manifest contaminating or destructive properties.
Restriction Of Liability
YOU MUST PROVIDE NOTICE OF ANY CLAIM OR DISPUTE TO GOTO FOODS WITHIN 12-MONTHS OF WHEN IT ACCRUED OR IT IS FOREVER WAIVED AND TIME BARRED.
BY ACCESSING THE GOTO FOODS ONLINE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
The material, software, products, and Services in the Site, or available through the Site, may include technical inaccuracies or typographical errors. GoTo Foods is not responsible if information made available through the GoTo Foods Online Services is not accurate, complete, or current. The material on the GoTo Foods Online Services is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete, or timelier sources of information. Any reliance on or use of the material and Services on the Site is at your sole and exclusive risk. The Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. GoTo Foods may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GoTo Foods and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position. GoTo Foods is an equal opportunity employer committed to a diverse workforce. GoTo Foods’ independent franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
Copyright And Trademark Information
All trademarks used herein are owned by GoTo Foods unless otherwise stated. All other third-party trademarks used on the Site are the property of their respective owners and used under license by GoTo Foods. Any rights not expressly granted herein are reserved.
All contents of the GoTo Foods Online Services are copyrighted by GoTo Foods. All Rights Reserved.
GoTo Foods respects the intellectual property rights of others, and we ask you to do the same. GoTo Foods may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the GoTo Foods Online Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on any Site or GoTo Foods Social Media Channels please provide GoTo Foods designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and information reasonably sufficient to permit GoTo Foods to locate the material.
- Information reasonably sufficient to permit GoTo Foods to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GoTo Foods’ designated agent for notice of claims of copyright or trademark infringement can be reached as follows:
5620 Glenridge Drive NE
Atlanta, GA 30342
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to GoTo Foods designated agent that includes all the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GoTo Foods may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
GoTo Foods reserves the right, in its sole discretion, to terminate the account or access of any user of our GoTo Foods Online Services who is the subject of repeated DMCA or other infringement notifications.
DISPUTE RESOLUTION (MANDATORY INDIVIDUAL ARBITRATION; CLASS ACTION WAIVER; JURY TRIA2 WAIVER)
Please Read This Section Carefully. It Affects Your Legal Rights.
Mandatory Individual Arbitration
Application. The Arbitration Agreement in the Dispute Resolution section only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against GoTo Foods in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this “Dispute Resolution (Mandatory Individual Arbitration; Class Action Waiver; Jury Trial Waiver)” section (“Dispute Resolution Section”) applies to you.
Mandatory Pre-Arbitration Dispute Resolution and Notification Process. 60 days prior to initiating an arbitration or small claims court proceeding, you and GoTo Foods each agree that the party interested in pursuing a Dispute shall notify the other party of the Dispute in a written notice and attempt in good faith to resolve the Dispute informally. If you have the Dispute with us, you must send your notice to GoTo Foods by emailing it to ContactUs@gotofoods.com. If we have the Dispute with you, GoTo Foods must send its notice to the email address we have on file for you. A notice must include all of the following information: (i) information sufficient to identify any transaction and account at issue; (ii) the initiating party’s contact information (including name, address, telephone number, and email address) (and the contact information for the initiating party’s counsel, if represented); and (iii) a detailed description of the nature and basis of the Dispute and the relief sought, including a detailed calculation for it. The notice must be personally signed by the initiating party (and their counsel, if represented). For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and an GoTo Foods representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Pre-Arbitration Dispute Resolution and Notification Process (“Process”) is a condition precedent to initiating a claim in arbitration or small claims court. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration or a small claims court proceeding if the Dispute is not resolved through this Process.
Arbitration Costs. Payment of arbitration fees will be governed by the NAM Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains economical and cost-effective for all parties.
Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change to this arbitration agreement by sending a personally signed, written notice to GoTo Foods LLC ATTN: GENERAL COUNSEL, 5620 Glenridge Drive NE Atlanta, GA 30342 that includes (i) your full name; (ii) your address (including street address, city, state, and zip/postal code); (iii) the email address(es) associated with your GoTo Foods account, if any, or another email address associated with you; and (iv) a statement that you do not wish to resolve Disputes with GoTo Foods through the updated arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between you and GoTo Foods in accordance with this version of the arbitration agreement.
Class Action Waiver
You and we each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
Jury Trial Waiver
To the fullest extent permitted by applicable law, you and GoTo Foods waive the right to a jury trial.
Governing Law And Venue
If the arbitration agreement is ever deemed unenforceable or void as to your Dispute, or a Dispute between the parties is not subject to arbitration or small claims court, you irrevocably consent to the exclusive jurisdiction of the federal, state, and local courts that encompass Atlanta, Georgia for purposes of any legal action arising out of or related to the a Dispute or these Terms, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum; or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.
Injunctive Relief. You acknowledge that any breach of this agreement would cause GoTo Foods irreparable injury, such that GoTo Foods would have no adequate remedy at law. You agree that in the event of such breach, GoTo Foods shall be entitled to injunctive relief in addition to any other remedies it may have at law or equity, without the requirement of posting a bond.
GoTo Foods LLC
ATTN: GENERAL COUNSEL
5620 Glenridge Drive NE
Atlanta, GA 30342