Terms of Service

Effective: September 13, 2018

Welcome to Chomp!

Chanoma Inc., a Delaware corporation headquartered in San Francisco, California (“COMPANY,” “we,” “our” or “us”), is a small team of foodies that works hard to provide a service for sharing your food experiences via our mobile Chomp application (including any other features, content or applications offered from time to time by us) (the “Service” or “Services”). Chomp is an app for quick, fun and easy way to share your tasty food experiences with friends (“Users,” “you,” “your). From food trucks to fancy dinners, Chomp makes keeping up with your friends’ food adventures fun and easy by sharing instant pics and bite-sized reviews wherever or whenever tasty moments happen. We are really excited you've decided to use our Services! We've drafted these Terms of Service (the "Terms") so that you'll know the rules that govern your access to and use of the Services, and our relationship with you. By accessing or using the Services, you are agreeing to the Terms and concluding a legally binding contract with us. Do not access or use the Services if you are unwilling or unable to be bound by the Terms.

ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

A. Changes to the Terms

We may modify the Terms from time to time. You understand and agree that your access to or use of the Services as well as our relationship with you are governed by the Terms effective at the time of your access to or use of the Services. If we make material changes to the Terms, we will notify you by email or by posting a notice on the Services. We will also indicate at the top of this page the date the Terms were last revised. You should revisit the Terms on a regular basis as revised versions will be binding on you effective upon our posting of new Terms on the Service. You understand and agree that your continued access to or use of the Services after our posting of new Terms indicates your acceptance of the new Terms.

B. Translation

We may translate the Terms into other languages for your convenience. Nevertheless, the English version governs your access to and use of the Services as well as our relationship with you, and any inconsistencies among the different versions will be resolved in favor of the English version.

C. Who Can Use the Services

No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:
  1. You can form a binding contract with COMPANY;
  2. You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition; and
  3. You will comply with the Terms and all applicable local, state, national, and international laws, rules, and regulations.

D. Creation of User Account

To use the Services, you must create an account and provide certain information about yourself in order to use some of the features that are offered through the Services. You are responsible for maintaining the confidentiality of your account and password. You are also responsible for all activities that occur in connection with your account and password. You agree to protect your account and password and to notify us immediately of any unauthorized use thereof or any other breach of security, and COMPANY will not be liable for any loss or damage relating to your failure to do so. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself. By using the Services, you agree that, in addition to exercising common sense, you will not:

  1. create more than one account for yourself;
  2. create another account if we have already disabled your account, unless you have our written permission to do so;
  3. buy, sell, rent, or lease access to your account or your username or any data, function or feature of the Services without our written permission;
  4. share your password; and
  5. log in or attempt to access the Services through unauthorized third-party applications or clients.

If you think that someone has gained access to your account, please immediately reach out to support@chomp.app.

By creating an account or using the Services, you also agree to receive certain communications in connection with the Services. For example, you might receive compliments, friend requests or comments on your post from other Users. You will also receive our e-mail newsletter, e-mail magazine and advertisement, among other essential/non-essential e-mail-based notices or communications. You can opt-out of non-essential notices and communications here or by reaching out to support@chomp.app

E. Using the Services

COMPANY grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services for personal use in enjoying and sharing your dining and other social living experiences through the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in accordance with the Terms. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings. You may not copy, modify, distribute, sell, license or lease any part of the Services, nor may you reverse engineer or attempt to extract the source code of that software.

F. Content

  1. Definition

    "Content" means text, images, photos, audio, video, and location data posted or shared with other users on or through the Services. Content does not include communications between you and us or any data which Company or its affiliates may collect or generate through the Services "Your Content" means Content that you upload, post, send, deliver, submit or transmit to, through, or in connection with the Services. "User Content" means Content that Users upload, post, send, deliver, submit or transmit to, through, or in connection with the Services.

  2. Responsibility for Your Content

    You alone are responsible for Your Content, and once uploaded, posted, sent, delivered, submitted or transmitted, it cannot always be edited, withdrawn or removed. You are responsible for any and all loss, damage and liability associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any unauthorized disclosure of information in Your Content. You represent that you own, or have the necessary permissions to use, disclose, publicly display and authorize the use of Your Content as described herein. You are strictly prohibited from uploading, posting, sending, delivering, submitting or transmitting any Content that: contains material that is false, intentionally misleading, or defamatory; violates any third-party right (including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right); contains material that is unlawful (including illegal hate speech or pornography); exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. Please also be advised that we have no obligation to retain or provide you with copies of Your Content. Therefore, you bear sole responsibility for backing up and archiving Your Content.

  3. Ownership of Content

    As between you and COMPANY, you own Your Content and Your Content always belongs to you. You retain copyright and any other rights you already hold in Your Content. COMPANY and its affiliates shall own and retain all rights in any and all Content which COMPANY or its affiliates provide to and uses in connection with the Services. Nothing in the Terms or the provision of Services shall constitute a waiver of any of trademark, copyright or other intellectual property rights of COMPANY or its affiliates. All trademarks and logos displayed in connection with the Services are the property of their respective owners, who may or may not be affiliated with COMPANY.

  4. Our Right to Use Your Content

    We may use Your Content (including any photo, picture and video you uploaded, posted, sent, delivered, submitted or transmitted to, through, or in connection with the Services, but excluding your personal or private textual message or communication made in the Services) in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty and fee-free, assignable, sublicensable, transferable rights to use (and have others use) Your Content and any derivative works thereof for any purpose. By "use" we mean host, use, run, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. Further, you irrevocably waive, and cause to be waived, against COMPANY and other Users any claims and assertions of moral rights or attribution with respect to Your Content.

  5. Advertising

    COMPANY and its affiliates may publicly display or use advertisements and other information in connection with, adjacent to or included within Your Content for commercial purposes including use of Your Content in advertisements. You are not entitled to any compensation for such use. The manner, mode and extent of such use is subject to change without specific notice to you.

  6. Access to Your Content

    While we're not required to do so, we may access, review, screen, and delete Your Content at any time and for any reason, including if we think Your Content violates the Terms.

  7. User Content

    User Content is the sole responsibility of the person that uploaded, posted, sent, delivered, submitted or transmitted it. Although COMPANY reserves the right to review all User Content that appears on the Services and to remove any User Content that violates the Terms, we do not necessarily review and monitor all of it and shall not be obligated to do so. Therefore, we cannot—and do not—take responsibility for any User Content that other Users provide through the Services.

  8. G. Privacy

    Your privacy matters to us. You can learn how we handle your information when you use the Services by reading our privacy policy which can be found here [https://chomp.app/privacy.html]. We encourage you to give the privacy policy a careful look because, by accessing or using the Services, you agree that COMPANY can collect, use, and transfer your information consistent with that policy.

    H. Restrictions

    1. COMPANY respects the rights of others. And so should you. You therefore may not upload, post, send, deliver, submit or transmit any Content that:
      1. violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
      2. violates or infringes someone else’s rule, regulation, or policy;
      3. bullies, harasses, or intimidates;
      4. defames;
      5. threatens, stalks, harms, or harasses others;
      6. promotes bigotry or discrimination; or
      7. spams or solicits Users.
    2. You must also respect COMPANY's rights. The Terms do not grant you any right to, and you shall not:
      1. use any of COMPANY’s or its affiliates trademarks, branding, logos, designs, photographs, videos, or any other materials used in the Services (except for User Content);
      2. copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the Content on the Services except for User Content and as set forth in the Terms;
      3. use the Services or any content on the Services for any commercial purposes.
      4. modify, adapt, use, run, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services or Content (other than Your Content), except as expressly authorized by COMPANY;
      5. reverse engineer any portion of the Services;
      6. access, retrieve or index any portion of the Services or Content for purposes of constructing or populating a searchable database of business reviews;
      7. reformat or frame any portion of the Services;
      8. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on COMPANY's technology infrastructure or resources or that may otherwise make excessive traffic demands of the Services;
      9. attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
    3. We try hard to keep the Services a secure and safe place for all Users. But we can't guarantee it. That's where you come in. By accessing or using the Services, you agree that you will not, and will not assist, encourage, or enable others to: violate the Terms.
      1. use the Services for any purpose that is illegal or prohibited by the Terms.
      2. use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other User's information.
      3. use or develop any third-party applications that interact with the Services or other Users' content or information without our written consent.
      4. use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
      5. use or attempt to use another User's account, username, or password without their permission.
      6. solicit login credentials from another User.
      7. post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
      8. upload viruses or other malicious code or otherwise compromise the security of the Services.
      9. attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
      10. probe, scan, or test the vulnerability of the Services or any system or network.
      In short: You may not use the Services or the Content on the Services in ways that are not authorized by the Terms. Nor may you help or enable anyone else in doing so.

    I. Respecting Copyright

    COMPANY honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from the Services any infringing material that we become aware of. And if COMPANY becomes aware that one of its Users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the User's account. We make it easy for you to report suspected copyright infringement. If you believe that anything displayed on the Services infringes a copyright that you own or control, please reach out to support@chomp.app . Or you may file a notice with our designated agent: CHANOMA Inc. 739 Bryant Street, San Francisco CA 94107 email: support@chomp.app If you file a notice with COMPANY, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

    1. Identify the copyright owner and contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
    2. identify the copyrighted work claimed to have been infringed;
    3. identify 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, and information reasonably sufficient to let us locate the material;
    4. provide your contact information, including your name, postal address, telephone number, and an email address;
    5. provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. provide 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 copyright owner.

    J. Data Charges and Mobile Phones

    You are responsible for any mobile charges that you may incur for using the Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.

    K. Third-Party Services

    If you use a service, feature, or functionality that is operated by a third party and made available through or in connection with the Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you and their use of your information. COMPANY is not responsible or liable for those third party's terms of service, privacy policy or actions taken thereunder. The collection, use, sharing and transfer of your information by third parties or in third party services is governed by such third party’s privacy policy and not by COMPANY’s privacy policy.

    L. Modifying the Services and Termination

    We're relentlessly improving the Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a life-long User, you can terminate your use of the Services at any time and for any reason by deleting your account. COMPANY may also suspend or terminate your access to and use of the Services at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason. In the event that your use of the Services is terminated by us or you for any reason, your account will be deleted and Your Content and other information will no longer be accessible through your account. However, Your Content may persist and continue to appear and be used within the Services in accordance in the Terms and our Privacy Policy even after deletion of your account.

    M. Indemnity

    You agree to release, indemnify and hold harmless COMPANY and its affiliates and their officers, employees, directors and agents from any from any and all expenses, damages, losses and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, or your violation of the Terms, applicable law, or any rights of any third party. If you are a California resident, you agree to waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you agree to waive any comparable statute or doctrine.

    N. Disclaimers

    We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed. THE SERVICES, AND ALL CONTENT AND INFORMATION AVAILABLE ON OR IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT OR INFORMATION YOU ACCESS OR OBTAIN FROM OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, DELIERS, SUBMITS OR TRANSMITS TO, THROUGH OR IN CONNECTION WITH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COMPANY WILL BE RESPONSIBLE FOR.

    O. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, LIABILITIES, EXPENSES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, DELETION OR ALTERATION OF YOUR CONTENT, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). FURTHER, COMPANY RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SERVICES OR SUSPEND OR TERMINATE YOUR USE OF ANY SERVICES IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND COMPANY WILL NOT BE LIABLE IN ANY WAY FOR CONSEQUENCES OF SUCH ACTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    P. Arbitration, Class Waiver, and Jury Waiver

    PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
    1. Arbitration Agreement.

      This​ section shall be construed as a written agreement to arbitrate and satisfies the writing requirement of the Federal Arbitration Act. All claims and disputes arising out of or relating to the Terms, Services or Content that are not brought in small claims court, at the option of either you or COMPANY, will be resolved by binding arbitration on an individual basis. Claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secret will not be subject to this arbitration agreement. Such claims will be exclusively brought in the state or federal courts located in San Francisco County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek interim equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located there for such purpose. A request for interim equitable relief will not be deemed a waiver of the obligation to arbitrate. This section does not​ apply to disputes that are not arbitrable by law.

    2. Arbitration Rules.

      The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association ("AAA") in accordance with AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer­Related Disputes (www.adr.org/consumer). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. {Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.} For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The hearing shall be conducted in San Francisco County, and both you and us shall equally split the costs and fees​ of the arbitration and of the arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    3. Additional Rules for Non-appearance Arbitration.

      If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise in writing.

    4. Authority of the Arbitrator.

      The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and COMPANY pursuant to the Terms. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms. The arbitrator will not have the power to award damages in excess of the limitation of liability set forth in the Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms, and you hereby irrevocably waive any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against either you or COMPANY. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and COMPANY. If you refuse to comply with an order of the arbitrator, you will be liable to COMPANY for costs and expenses, including attorneys’ fees, incurred in enforcing the award.

    5. Waiver of Jury Trial.

      YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and COMPANY are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and COMPANY over whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.

    6. Waiver of Class or Consolidated Actions.

      ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section Q.

    7. Confidentiality.

      No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

    8. Right to Waive.

      Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

    9. Q. Exclusive Venue

      For any litigation in a court, both you and COMPANY agree that all claims and disputes arising out of or relating to the Terms, the Services or Content will be litigated exclusively in the state and federal courts located within San Francisco county, California. You and COMPANY consent to the personal jurisdiction of these courts. This provision does not relieve you from your obligation to arbitrate under the Terms.

      R. Choice of Law

      Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern the Terms and any claims and disputes arising out of or relating to the Terms, the Services or Content, including tort claims.

      S. Apple-Enabled Software Applications

      COMPANY offers software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to software that is made available for your use in connection with an Apple-branded product (“Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions shall apply:

      1. COMPANY and you acknowledge that the Terms are between COMPANY and you only, and not with Apple, and that as between COMPANY and Apple, COMPANY, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
      2. Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
      3. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
      4. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and
      5. Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the
      6. Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be COMPANY’S sole responsibility, to the extent it cannot be disclaimed under applicable law.
      7. COMPANY and you acknowledge that COMPANY, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
      8. In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between COMPANY and Apple, COMPANY, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
      9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      10. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to COMPANY as follows: Email address: support@chomp.app
      COMPANY and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

      General Terms

      1. The Terms contain the entire agreement between you and us regarding the Services and Content, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
      2. The Terms do no create or confer any third-party beneficiary rights.
      3. Each of our rights and obligations set forth in Sections A (Changes to the Terms), F (Content), G (Privacy), H (Restrictions), L (Modifying the Services and Termination), M (Indemnity), N (Disclaimer), O (Limitation of Liability), P (Arbitration, Class Waiver, Jury Waiver), Q (Exclusive Venue), R (Choice of Law), S (Apple-Enabled Devices), T (General Terms), and any other right or obligation in the Terms, which by its express terms or nature and context is intended to survive any termination of our relationship with you, shall survive any such termination.
      4. Any failure on our part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
      5. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
      6. We reserve all rights not expressly granted to you.
      7. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
      8. The section titles in the Terms are for convenience only and have no legal or contractual effect.

      Contact Us

      CHANOMA, Inc. is located in the United States at 739 Bryant Street, San Francisco CA 94107. If you have any questions or concerns about these terms of service, please contact support@chomp.app and we will do our best to address them.