Terms

All Day Technologies, Inc Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY All Day Kitchens Online Services (AS DEFINED BELOW).

  1. Introduction

All Day Technologies, Inc. (“All Day Kitchens”) and its subsidiaries, affiliates, and related entities (“Affiliates”) (All Day Kitchens and its Affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”) provide services and leased employees to restaurants to help them serve you meals, other food items, and drinks.  

These Terms and Conditions of Use (“Terms and Conditions of Use”) apply to your access to, and use of, any All Day Kitchens websites, mobile applications, in-person ordering software, and online services or programs where these Terms and Conditions of Use are posted, linked or incorporated by reference (“All Day Kitchens Online Services”). You hereby represent and warrant that you read, understand, and agree to be bound by these Terms and Conditions of Use. You also represent and warrant that you are of legal age in the jurisdiction in which you reside to form a binding contract with All Day Kitchens, and that you have the authority to enter into these Terms and Conditions of Use either personally or, if applicable, on behalf of any organization on whose behalf you are using the All Day Kitchens Online Services.

 

These Terms and Conditions of Use are a legal and binding agreement between you and All Day Kitchens, and its Affiliates. These Terms and Conditions of Use govern your use of the All Day Kitchens Online Services, which includes the programs, offers, content, information, services, and features made available through the All Day Kitchens Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the All Day Kitchens Online Services.

Your use of the All Day Kitchens Online Services is at your risk. If you are dissatisfied with the All Day Kitchens Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the All Day Kitchens Online Services.

 

  1. Third-Party Delivery Services

When ordering through a third-party delivery service, you understand and agree that you are placing the order with that third-party service provider and not All Day Kitchens or its Affiliates. The delivery services are provided by the third party, and All Day Kitchens  and its Affiliates have no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order. 

  1. Ordering Through All Day Kitchens Online Services

These Terms and Conditions of Use apply only to orders placed through All Day Kitchens Online Services. Images of menu items on the All Day Kitchens Online Services may not be identical to what is available or that you may receive.  

You are responsible for payment of your order by means of a payment option made available through the All Day Kitchens Online Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. All Day Kitchens will charge, and you authorize All Day Kitchens to charge, the payment method you specify. All Day Kitchens reserves the right to seek pre-authorization of your payment card account prior to final purchase to verify the payment card is valid. 

You understand that: (1) the prices for menu items displayed through the All Day Kitchens Online Services may differ from the prices offered or published by restaurants at their physical location, and (2) All Day Kitchens reserves the right to change the prices displayed through the All Day Kitchens Online Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, delivery and service fees, or related surcharges. Charges paid for completed orders are final and non-refundable. All Day Kitchens  has no obligation to provide refunds or credits, but may grant them, in our sole discretion.  

Minimum order amounts may apply for orders placed through All Day Kitchens Online Services. Any applicable taxes and fees, delivery and service fees, or other related surcharges due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the All Day Kitchens Online Services. Discounts, coupons and other offers may not be able to be combined with orders placed through All Day Kitchens Online Services. 

  1. User Account

You may be required to register for an account to use the All Day Kitchens Online Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the All Day Kitchens Online Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the All Day Kitchens Online Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify All Day Kitchens immediately. All Day Kitchens will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by All Day Kitchens or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or All Day Kitchens has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, All Day Kitchens has the right to suspend or terminate your account and refuse any and all current or future use of the All Day Kitchens Online Services (or any portion thereof). You agree not to create an account or use the All Day Kitchens Online Services if you have been previously removed by All Day Kitchens, or if you have been previously banned from use of the All Day Kitchens Online Services.

By creating an All Day Kitchens account, you also consent to the use of an electronic record to document your agreement. 

  1. All Day Kitchens App

In order to use All Day Kitchens Online Services made available through the All Day Kitchens App (“the App”) you must have a compatible mobile device; All Day Kitchens does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.  

The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.

You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.

In order to take advantage of certain services made available through the App, including mobile payment, mobile ordering, and Promotions (including but not limited to digital offers), you must have a valid All Day Kitchens account.

  1. Modifications to the Terms and Conditions of Use

We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the All Day Kitchens Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms and Conditions of Use. Your continued access to or use of the All Day Kitchens Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

  1. Use of All Day Kitchens Online Services

The All Day Kitchens Online Services and all content, information, and other materials featured, displayed, contained, and available on the All Day Kitchens Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials“) are owned by or licensed to All Day Kitchens and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the All Day Kitchens Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the All Day Kitchens Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.

You agree to abide by all additional terms, conditions, and restrictions included within the All Day Kitchens Online Services, the Materials, and/or the programs, features, and services.

All Day Kitchens may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any of the All Day Kitchens Online Services, or any portion thereof; (2) change, revise, or modify the All Day Kitchens Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the All Day Kitchens Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the All Day Kitchens Online Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.

  1. User Conduct

You agree to use the All Day Kitchens Online Services, the Materials, and the programs, features and services, including, without limitation, ordering and delivery services, in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree to remain courteous and respectful toward employees, contractors and agents of All Day Kitchens, its Affiliates, and partners and other users of the All Day Kitchens Online Services. You agree not to:

  • modify, adapt, translate, or reverse engineer any portion of the All Day Kitchens Online Services or the Materials;
  • use the All Day Kitchens Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to further or solicit any such activity;
  • attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
  • use the All Day Kitchens Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
  • frame or mirror any portion or feature of the All Day Kitchens Online Services;
  • use the All Day Kitchens Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
  • use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the All Day Kitchens Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the All Day Kitchens Online Services or the Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the All Day Kitchens Online Services;
  • use any device, software, or routine to interfere or attempt to interfere with the proper working of the All Day Kitchens Online Services or with any other person’s use or enjoyment of the All Day Kitchens Online Services;
  • transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
  • circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of All Day Kitchens ;
  • forge headers or otherwise manipulate identifiers;
  • post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
  • harass, abuse, stalk, intimidate, threaten or engage in any conduct that harms, harasses, or offends any employees, contractors or agents of All Day Kitchens, its Affiliates, licensees, or partners engaged in the provision of services, including the delivery of any orders, and other users of the All Day Kitchens Online Services;
  • submit, display, or post any false or misleading information;
  • violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of All Day Kitchens, its Affiliates, or any other person or entity; and/or
  • transfer or attempt to redeem any verification code for a mobile or online order or digital offer or reward in prohibition of the applicable terms. Attempts to redeem single use offers and verification codes multiple times or through multiple users constitutes fraud.  

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the All Day Kitchens Online Services, the Materials, our users, our brand, our Affiliates, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law. All Day Kitchens further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders if All Day Kitchens believes that you have violated or acted inconsistently with these Terms and Conditions of Use or applicable law, or that you have acted in a manner harmful to our interests, or that you may be likely to do so based upon prior communications, conduct, interactions, or similar factors.

All Day Kitchens  shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms and Conditions of Use, and any decision it makes relating to termination or disabling of All Day Kitchens Online Services or refusal to deliver any orders shall be final and binding.  

  1. Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through All Day Kitchens Online Services via phone or otherwise (“Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.

We may, but shall not be obligated to, in our sole discretion, post any Submission on the All Day Kitchens Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.

You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.

  1. User Content

All Day Kitchens may provide you with interactive opportunities through the All Day Kitchens Online Services, including, by way of example, the ability to post ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the All Day Kitchens Online Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the All Day Kitchens Online Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain material that is false, intentionally misleading, or defamatory; (iii) does not contain any material that is unlawful; (iv) does not violate any law or regulation; and (v) does not violate this agreement. You hereby grant All Day Kitchens a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with AllDay’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant All Day Kitchens a license to use your username, first name and last initial, and/or other User profile information, including without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the All Day Kitchens Online Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to All Day Kitchens herein shall survive termination of the All Day Kitchens Online Services or your account. All Day Kitchens reserves the right in its sole discretion to remove or disable access to any User Content from the All Day Kitchens Online Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that All Day Kitchens may monitor and/or delete your User Content (but does not assume the obligation) for any reason in our sole discretion. All Day Kitchens may also access, read, preserve, and disclose any information as All Day Kitchens reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of All Day Kitchens, its users and the public.

You agree that any submission of any ideas, suggestions, and/or proposals to All Day Kitchens through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that All Day Kitchens has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to All Day Kitchens a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

To the extent that you are asked to rate and post reviews of restaurants or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this agreement. Ratings and Reviews are not endorsed by All Day Kitchens and do not represent the views of All Day Kitchens or its Affiliates. All Day Kitchens shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the All Day Kitchens Online Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the restaurant; (ii) you will not provide a Rating or Review for any restaurant for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a restaurant; (iv) any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising; and (v) your Rating or Review will comply with the terms of this agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.

  1. Programs and Promotions; Digital Offers

Any programs, offers, sweepstakes, contests, raffles, surveys or other similar promotions (collectively, “Promotions”) made available through the All Day Kitchens Online Services may be governed by rules and/or terms that are additional to these Terms and Conditions of Use. By participating in any such Promotion, you will become subject to any such additional Promotions terms. All Day Kitchens urges you to read the applicable Promotions terms, which are either included herein or linked from the particular Promotion, and to review our Privacy Policy which, in addition to these Terms and Conditions of Use, governs any information you submit in connection with any such Promotions.

You may receive digital offers through the All Day Kitchens Online Services from time to time.  The following general terms apply to these offers:

  • Redemption period for each offer begins and ends as indicated.
  • Offers are single use only, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available. 
  • Serving times apply and some food and/or beverage items may not be available at all times or locations. 
  • Offers are not transferable.
  • Offers are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.
  • Offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.

 

  1. Internet Delays

All Day Kitchens’s software and services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in All Day Kitchens’s Privacy Policy or as otherwise required by applicable law, All Day Kitchens is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

  1. Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the All Day Kitchens Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.

If you believe that your work has been improperly copied and posted on the All Day Kitchens Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable CFA Online Service and a description of where the Material that you claim is infringing is located within such CFA Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to:

All Day Kitchens Technologies, Inc.

ATTN: Legal Department

legal@alldaykitchens.com

250 S Maple Avenue, Unit E

South San Francisco, CA 94080

DMCA details are available at https://www.copyright.gov/onlinesp/.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

  1. Third-Party Sites and Social Media Pages

The All Day Kitchens Online Services may contain links to other third-party websites and social media platforms, such as Facebook, Twitter, Instagram, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. All Day Kitchens and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from Linked Sites, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

  1. Privacy

All Day Kitchens’s Privacy Policy applies to use of the All Day Kitchens Online Services and programs, offers, and promotions, and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing and using the All Day Kitchens Online Services you agree to be bound by our Privacy Policy.

 

  1. Ownership of Intellectual Property

The absence of a trademark notice or legend indicating the registration or ownership by All Day Kitchens anywhere in the text of the All Day Kitchens Online Services does not constitute a waiver of All Day Kitchens’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the All Day Kitchens Online Services.

The All Day Kitchens Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the All Day Kitchens Online Services (collectively, the “All Day Kitchens Intellectual Property”) are owned by or licensed to us with all rights reserved unless otherwise noted. We do not permit third parties to use All Day Kitchens  Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

Nothing contained on the All Day Kitchens Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use All Day Kitchens Intellectual Property without our prior express written permission. You are strictly prohibited from using any All Day Kitchens Intellectual Property except as expressly provided in these Terms and Conditions of Use. 

  1. Communications

When you visit the All Day Kitchens Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the All Day Kitchens Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.

By using the All Day Kitchens Online Services, you electronically agree to accept and receive communications from All Day Kitchens or third parties providing services to All Day Kitchens including via email, text message, calls, and push notifications to the cellular telephone number you provided to All Day Kitchens. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of All Day Kitchens or its Affiliates including but not limited to communications concerning orders placed through your account on the All Day Kitchens Online Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences in your account. To opt out of receiving promotional text messages from All Day Kitchens, you must reply “STOP” from the mobile device receiving the messages. 

  1. No Warranties

All Day Kitchens  makes no representations or warranties regarding the All Day Kitchens Online Services and the Materials.

WE DO NO WARRANT THAT THE All Day Kitchens Online Services OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE All Day Kitchens Online Services OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE All Day Kitchens Online Services, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

THE All Day Kitchens Online Services AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE All Day Kitchens Online Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE All Day Kitchens Online Services AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE All Day Kitchens Online Services.

  1. Limitations of Liability

IN NO EVENT SHALL WE BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE All Day Kitchens Online Services AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE All Day Kitchens Online Services, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

  1. Indemnification

You agree to indemnify, defend, and hold harmless All Day Kitchens, its Affiliates, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the All Day Kitchens Online Services, and the Materials, programs, offers, features, and services made available through the All Day Kitchens Online Services.

  1. No Agency Relationship

Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the All Day Kitchens Online Services, create any partnership, joint venture, employment, or other agency relationship between All Day Kitchens, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.

  1. Violations and Remedies

You agree that All Day Kitchens may, in its sole discretion and without prior notice, block, suspend, and/or terminate your access to any or all of the All Day Kitchens Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to All Day Kitchens. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If All Day Kitchens  takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to All Day Kitchens . You agree that All Day Kitchens will not be liable to you or to any third party for termination of your access to the All Day Kitchens Online Services as a result of any violation of these Terms and Conditions of Use.

  1. Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and All Day Kitchens agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco County if you are a California citizen or resident, and in the United States District Court for the District in which you reside if you are not a California citizen or resident.

  1. Entire Agreement, Claims Limitations, and Severability

These Terms and Conditions of Use, together with our Privacy Policy and any other applicable terms included within the All Day Kitchens Online Services, and/or the Materials, programs, offers, features, and services made available through the All Day Kitchens Online Services, as each is currently posted on the All Day Kitchens Online Services, constitute the entire agreement between us and you with respect to your use of the All Day Kitchens Online Services and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have arising out of or relating in any way to the All Day Kitchens Online Services must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use and Privacy Policy shall continue in full force and effect.

  1. Contact Information

If you have any questions about All Day Kitchens Online Services or these Terms and Conditions of Use, or you would like to report violations of these Terms and Conditions of Use, please contact us at:

All Day Technologies, Inc.

ATTN: Legal Department

legal@alldaykitchens.com

250 S Maple Avenue, Unit E

South San Francisco, CA 94080

  1. Last Updated

Terms and Conditions of Use last updated on May 11, 2021. 

 

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