Asian Spot
Terms of Use
IMPORTANT-
THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS
ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THE
TERMS AND CONDITIONS OF THESE TERMS OF USE (THE “AGREEMENT”) SET FORTH BELOW
GOVERN YOUR USE OF THE ASIAN SPOT WEBSITE AND/OR MOBILE APPLICATIONS
(COLLECTIVELY, THE “PLATFORM”) AND E-COMMERCE AND OTHER SERVICES AVAILABLE ON
AND THROUGH THE PLATFORM (THE “SERVICES”). THIS AGREEMENT IS A LEGAL CONTRACT
BETWEEN YOU (“YOU” OR “YOUR”) AND ASIAN SPOT AND GOVERN YOUR ACCESS TO, AND USE
OF, THE PLATFORM AND THE SERVICES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF
THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS PLATFORM OR THE SERVICES,
OR ANY INFORMATION ON OR RELATED TO THIS PLATFORM OR THE SERVICES. BY CLICKING
THE BOX TO USE THE PLATFORM OR THE SERVICES OR USING THIS PLATFORM OR THE
SERVICES, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Overview
This
Agreement is a legal agreement with Asian Spot, located at 8327 Tampa Ave,
Northridge, CA 91324, and you.
This
Agreement governs Asian Spot’s relationship with you. To the extent stated
below, this Agreement also governs each party’s relationship with other parties
with whom those parties transact utilizing the Services, and all such parties
remain free to have additional agreements and terms between themselves as they
may agree in writing, provided that no such additional terms shall be
interpreted to conflict with or supersede this Agreement with respect to Asian
Spot specifically.
Asian
Spot provides online and mobile technology that connects Customers, Stores, and
Delivery Persons. Using the Platform and Services, Customers place purchase
orders for grocery products that are available to purchase online on the
Platform. Items purchased online are available for pickup or delivery.
If
you submit orders through a third-party site or application, such as GrubHub or
DoorDash, you may be required to have an account with such third party and may
be transferred to such third party’s website or application to complete
transactions. Any orders submitted through such third-party sites or
applications are solely between you and the applicable third party, not Asian
Spot. This Agreement does not apply to orders placed through a third party’s
website or application. If you use a third party’s website or application for
an order from one of our stores, you will be subject to the terms and policies
posted by that third party and we are not responsible for those terms or
policies or acts or omissions of those third parties.
Terms
●
Parties. All parties to this Agreement are independent contractors with
respect to one another, such that no party exercises control over any other
party or has any liability or responsibility for any other party.
Third-Party
Service Providers. Asian Spot in partnership with its service providers
(“Third-Party Service Providers”) provides information and online methods for
Customers to purchase and obtain delivery of products. Third-Party Service
Providers do not provide any items for online sales but do provide the
necessary infrastructure in order to provide customers of the Services a method
to order items available online and provide delivery services.
Customers.
Customers utilize the Services to purchase products from Stores and to obtain
delivery of such products from Delivery Persons. Customers do not control and
have no liability or responsibility for any Store or Delivery Person, or for Asian
Spot.
Stores.
Stores are Asian Spot’ stores and/or warehouses that showcase and sell consumer
products to Customers via the Platform and Services. Stores fulfill orders for
Customers unless specified otherwise. Stores do not themselves provide delivery
services unless the Store expressly advises the Customer otherwise. Stores may
provide Customers with pick-up options in each Store’s discretion.
Delivery
Persons. Delivery Persons utilize Asian Spot’ Third-Party Service
Providers’ services, to independently select and execute delivery jobs to
deliver products that Customers purchase on the Platform in exchange for a fee
from the Third- Party Service Provider. Delivery Persons do not themselves
provide products. Delivery Persons are independent contractors to Asian Spot’
Third-Party Service Providers and are not engaged in any employment or agency
relationship with Asian Spot, Stores, or Customers.
Mobile Applications. With respect to
the mobile versions of the Platform, you will only use the Platform and
Services (i) on an Apple-branded product that runs the iOS (Apple’s proprietary
operating system) or a product that runs on Android; and (ii) as permitted by
applicable “Usage Rules” set forth in the Apple App Store Terms of Use or the
Google Play Terms of Use. With regard to your use of the iOS version of the
Platform and Services, you acknowledge and agree that (i) this Agreement is an
agreement between you and Asian Spot only, and not Apple, and (ii) Asian Spot,
not Apple, is solely responsible for the Platform and Services and content
thereof. Your use of the Platform and Services must comply with the App Store
Terms of Use. You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the Platform or
the Services. In the event of any failure of the Platform or the Services to
conform to any applicable warranty, you may notify Apple, and Apple will refund
the purchase price for the Platform and Services (if any) to you and to the
maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Platform or the Services. As between Asian
Spot and Apple, any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will be the
sole responsibility of Asian Spot, subject to this Agreement. You and Asian
Spot acknowledge that, as between Asian Spot and Apple, Apple is not
responsible for addressing any claims you have or any claims of any third party
relating to the Platform or the Services or your possession and use of the
Platform or the Services, including, but not limited to: (i) product liability
claims; (ii) any claim that the Platform or the Services fails to conform to
any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection or similar legislation. You and Asian Spot acknowledge
that, in the event of any third-party claim that the Platform or the Services
or your possession and use of the Platform or the Services infringe that third
party’s intellectual property rights, as between Asian Spot and Apple, Asian
Spot, not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim
to the extent required by, and subject to, this Agreement. You and Asian Spot
acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party
beneficiaries of this Agreement as related to your license of the Platform or
the Services, and that, upon your acceptance of the Terms of Use and conditions
of this Agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this Agreement as related to your license of the
Platform or the Services against you as a third-party beneficiary thereof.
As-Is. Unless agreed otherwise in
writing by the party providing the product or service, all products and
services are provided "as is", and without warranties of any kind.
Privacy. In accordance with Asian Spot’
Privacy Notice, by using the Services, you consent to the collection, sharing,
and use of personally identifiable information you provide to Asian Spot.
Accounts. You must register for an
account and provide information about yourself to use the Services, such as
profile and payment information. You are responsible for providing accurate
information, for maintaining the confidentiality of their own account and
password (including for example any third-party login password such as Google),
and for any activities occurring under or through their account. If you have a
reasonable belief that your account integrity or privacy has been jeopardized,
they must immediately notify the Services through the contact page. You shall
not create multiple accounts.
Accuracy of Information. While Asian
Spot and the Stores endeavor to provide accurate product information, you
should know that product information accessed through the Platforms is obtained
from information made by product manufacturers and producers; on occasion, they
may change their labels or ingredient lists; and actual product packaging and
materials may contain more and/or different information than that shown on the
Platforms. Accordingly, you should not rely solely on the product information
presented on the Platforms, but should always read carefully the labels,
warnings, and directions before using or consuming a product and contact the
product manufacturer or producer directly for any questions. Asian Spot and the
Stores do not assume any liability for inaccuracies, misstatements, or
omissions related to any product information listed on the Platforms. In
addition, even though we make an effort to describe and display our products
and services accurately on the Platforms, products on the Platform may be mispriced,
described inaccurately, or unavailable and we may experience delays in updating
information on the Platforms and in our advertising on the Platforms.
Intellectual Property License. The
Services and the Platform are owned by Asian Spot, and all rights are reserved
to Asian Spot. Asian Spot grants to each party using the Services a limited,
revocable, non-transferable license to use the Services on appropriate and
compatible devices that the party owns or controls solely for its personal use.
You shall not (1) modify, replicate, distribute, share, or otherwise cause the
Platform or the Services to be made available to multiple devices
simultaneously, or (2) sell, transfer, redistribute, or sublicense the Services
or the Platform.
Service Limitations and Requirements.
Customers must be at least eighteen years old to
utilize the Services.
Alcohol purchases can only be dropped off with a
person aged 21 or older. For alcohol purchases, you represent and warrant that
you are age 21 or older. For alcohol purchases, the Delivery Person reserves
the right to refuse delivery where the recipient cannot provide proper
Identification matching the order and showing legal age. Valid forms of
identification must include photo identification, such as a valid driver
license; a passport, or (iii) a valid Armed Forces ID card. Delivery Persons
may also refuse to deliver alcohol to anyone visibly intoxicated or otherwise
presenting an observable danger to themselves or others.
Alcohol and tobacco deliveries may be limited in
some markets and locales.
You agree not to modify, create derivative works
of, sell, license or in any way exploit Asian Spot, the Platform or the
Services. You agree not to reproduce, distribute, publish, stream or broadcast
any part of the Services without prior written authorization from Asian Spot.
The parties agree not to circumvent or attempt to
circumvent any security or other features of the Services or the Platform
designed to limit access.
The parties agree not to harvest or mine content
from the Platform or otherwise access or use the Services inconsistently.
Representations. By using the Platform
or the Services, you represent that you are at least eighteen (18) years old;
you are in good standing with the Services (i.e., no previous suspensions of
service with Asian Spot); and you will comply with and all applicable laws and
regulations for your jurisdiction; if you are using the Services on behalf of
an organization or entity, then you represent that you have authority to agree
to this Agreement on behalf of that organization or entity. You agree that the
information you provide to the Services is accurate and that you will keep it
up to date at all relevant times.
Payments. The Services will process
your payment information as a Customer to make payments for your orders. You
will be prompted to confirm payments before submitting your order finally to Asian
Spot. Unless otherwise agreed mutually in writing, all payments are
non-refundable. There may be a fee or surcharge to the party requesting or
utilizing the service, and such fees and surcharges may change over time in Asian
Spot’s discretion. You are encouraged to check Asian Spot’ current statement of
fees for up-to-date information before executing new orders.
Customers submitting payment information to the
Services authorize Asian Spot and its Third-Party Service Providers to process
payments for orders according to the payment method specified in the Customer
account. New payment methods and certain existing payment methods (i.e., credit
card) may incur a temporary pre-authorization hold prior to Asian Spot’
verification of the Customer’s account and available credit or balance for the
intended purchase. Upon completion or cancellation of the Customer’s order, the
pre-authorization hold is lifted within approximately 2-4 business days,
depending on the Customer’s account holder.
Refunds. Refunds, credits, and order
changes are processed by the Services on a case-by-case basis in the discretion
of Asian Spot. Asian Spot‘ policy is to
diligently and with good faith assist Customers in processing these requests.
This refund policy always applies regardless of any disruptions or downtime in
the Services for any reason whatsoever.
Returning Items To A Store. Stores and Delivery Persons give the
original receipt to the Customer. Delivery Persons are not obligated to return
items to a Store for a Customer; however, Delivery Persons are free to
independently agree to do so for a Customer subject to the Delivery Person’s
agreement with the Third-Party Service Provider.
Order Changes. Customers acknowledge that after placing an order
through Asian Spot, the order may be processed quickly by a Store and Delivery
Person. Once an order is in process, it may not be changed without the consent
of the Store and Delivery Person where applicable.
Surcharge. Canceled orders may incur a surcharge. Customers are
encouraged to check Asian Spot’ current statement of fees and cancellation
policies.
Store Pricing. Stores are required to
provide up-to-date and accurate pricing to Customers through the Platform. If
the product has already been purchased and delivered to the Customer (or is in
the process of delivery by the Delivery Person), then the Store agrees to abide
by the pricing then published on the Platform.
Store Inventory and Offers. The
Services monitor inventory data to ensure its accuracy before uploading to the
Platform and after uploading while it is being showcased to Customers but some
items may still be unavailable even if the Services indicate the item is
available. Asian Spot may change or terminate any of the services, programs,
promotions, and/or other offers, deals, coupons, and/or specials (collectively,
"Offerings") described or offered through the Platform at any time
without notice to you. Not all products are available at all of our stores or
for online ordering or at all times. Some or all of the Offerings or products
may not be available in your location (or your delivery or preferred pickup
location). You shall not misuse or reproduce Offerings, such as by creating
multiple accounts to use the same Offering.
Customer Specifications. When
purchasing a product, Customers have the option to make comments &
specifications (i.e., “large ripe tomatoes please”) and also replacement
options (i.e., ‘If no organic free-trade shade-grown bird-friendly coffee, then
regular organic coffee’). Stores and Delivery Persons will use reasonable
efforts to read and attempt to fulfill Customer comments and specifications,
but Asian Spot makes no guarantees regarding the fulfillment of such comments
and specifications. Customers agree to be reasonable with Delivery Persons and
Stores in all parties’ requests. Please note that any request is subject to
availability.
Communications. Asian Spot may provide
your contact information to a particular Store or Delivery Person solely for
the purposes of communication regarding a transaction or order. The Store
and/or Delivery Person is responsible for maintaining the privacy of your
contact information, including but not limited to refraining from selling the
contact information or using it for future promotional purposes.
By agreeing to this Agreement,
you agree that all communications from us relating to your use of or access to
the Platform may be provided or made available to you electronically by email,
“in-Platform” messaging or by posting a communication on the Platform or via
text or phone as set forth below. Your consent to receive communications and do
business electronically, and our agreement to do so, applies to all your
interactions and transactions with us and our agents concerning your Platform
usage and access.
For purposes of the Services
operations or a specific transaction, you agree to receive text messages and
phone calls at the phone number provided to the Services, and also emails to
the email address provided to the Services, and also written correspondence to
the address provided to the Services. Such communications may be sent by Asian
Spot and its Third-Party Service Providers and Delivery Persons. You will not
be able to use the Services without agreeing to receive such communications.
For purposes of promotional
communications, you may opt-out of promotional communications from Asian Spot
at any time. Otherwise, you may receive text messages, emails, or written
communications to the contact information provided.
For text messages, you can limit your receipt of
push notifications by adjusting the settings of your mobile device. We may send
four or fewer text messages per month unless otherwise noted at the time of
opt-in. You may opt-out of receiving text messages at any time by replying
"STOP" to the message. You may receive one confirming text. Message
and data rates may apply.
For email messages, we may send ten or fewer
email messages per month. You may opt-out of email messages at any time by
following the instructions in the email.
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Off-Platform Links. The Services may contain links to third-party websites
and services, such as recipe providers, DoorDash or GrubHub or other delivery
partners. Asian Spot is not responsible for and does not specifically endorse
or accept any responsibility for the contents or use of these third-party
websites. Asian Spot provides these links as a convenience only, and the
inclusion of any link does not imply endorsement by Asian Spot. It is each
party’s responsibility to take precautions to ensure that whatever they select
for their own use is suitable for their own needs and free of viruses or other
harmful items.
Delivery Fees. The Customer
acknowledges that delivery fees will apply as will be displayed in your account
and checkout.
Tips.
Customers are free and encouraged to give monetary tips to Delivery Persons.
Such tips are solely the income of the Delivery Person and are not received or
accounted in any manner by the Services or Stores.
User Submissions. Except where
expressly provided otherwise by Asian Spot, all comments, feedback, information
or content submitted to the Services through or in association with the Services
(“Submissions”) shall be considered non-confidential, and Asian Spot shall be
free to use such Submissions on an unrestricted basis or as provided by an
agreement with Asian Spot.
Each party making Submissions
grants Asian Spot a royalty-free, perpetual, irrevocable, transferable,
sublicensable, worldwide, nonexclusive license under all rights necessary to
incorporate and use the Submissions for any reasonable purpose.
Nonpayment. If payment for purchases on
a Customer’s account is delinquent, your account information may be sent to a
collection agency/debt collector and you may be subject to a collection action,
and payment of collection related fees and costs. If you have questions
regarding an outstanding balance on your account, please contact us.
Delivery.
· The Customer is responsible for
providing the Delivery Person with access to the Customer’s designated delivery
location. Delivery Persons are entitled to rely upon their reasonable
interpretation of the description of the Customer’s delivery location.
· If a Customer requires delivery to a
person at a location, then the Delivery Person may only drop off the goods with
a person at Customer’s designated location. If a person is not present at the
designated delivery location when the Delivery Person arrives to complete the
delivery, then the Delivery Person may either (1) attempt to contact the
Customer to schedule delivery at a later time, or (2) return the order to the
Store so that Customer can pick up at Customer’s earliest opportunity within a
reasonable time – and in either case, Asian Spot reserves the right to charge
the Customer the full amount of the Order, along with a redelivery surcharge.
· If a Customer allows drop-off to an
unmanned location, then the Delivery Person may drop off the goods at the
Customer’s designated location. Delivery Person may take a photo of the dropped
off order and upload to the Services for Customer’s convenience as proof of
delivery.
· Asian Spot will use reasonable efforts
to have deliveries made by the dates and times indicated in the Services for a
particular order. Otherwise, delivery times are governed by general standards
of reasonableness.
· If goods are damaged in transit, the
party that assumes the risk of damaged goods is Asian Spot provided that (i) if
the damage is apparent at the time of delivery, the damage is identified by the
Customer at the time of delivery by the Customer notifying the Delivery Person
or (ii) if the damage is not apparent at the time of delivery but after
unpacking the delivery, Customer promptly notifies Asian Spot.
Intellectual Property. All information,
documents, logos, graphics, images, software and other materials provided on
this Platform is the intellectual property of Asian Spot, and third parties
where applicable, (“Content”). All trademarks, service marks, logos, trade
names, and trade dresses in or on the Platform, whether registered or
unregistered, are proprietary to Asian Spot. You may not use, reproduce, or
otherwise display any such trademarks, service marks, logos, trade names or
trade dresses without the prior written consent of Asian Spot or the
appropriate owner thereof. There are no implied rights. Except as permitted
herein or otherwise agreed in writing, Content on the Services may not be
copied, republished, mirrored, or transmitted without the express written
permission of Asian Spot and/or the applicable third party. Where access is
permitted, Asian Spot grants you permission to display, copy, download, and
distribute for informational purposes the Content provided to you, so long as
the appropriate copyright attribution is given to Asian Spot and/or applicable
third parties. See the contact information below if you have any questions
about such access or attribution. This permission terminates automatically if
you breach any of the terms of this Agreement. Upon termination, you agree to
immediately delete or discard any downloaded Content in your possession. Except
where expressly allowed herein by Asian Spot and/or the applicable third party,
nothing on the Services shall be construed to confer any license or sale under
any of Asian Spot’s or any of third party’s intellectual property rights.
Parties utilizing the Services acknowledge sole responsibility for obtaining
any such licensure rights through the appropriate channels. Please see the
contact information below if you have any questions about obtaining licenses
from Asian Spot.
Disclaimers.
THE PLATFORM AND THE SERVICES
ARE PROVIDED “AS IS,” AND ASIAN SPOT DISCLAIMS ALL EXPRESS AND IMPLIED
REPRESENTATIONS, WARRANTIES, AND GUARANTEES, TO THE FULLEST EXTENT ALLOWED BY
LAW, INCLUDING WITHOUT LIMITATION WITH REGARD TO TIMELINESS, SECURITY, QUALITY,
AVAILABILITY, SUITABILITY, ACCURACY, AND COMPLETENESS. THIS DISCLAIMER APPLIES
ALSO TO CONTENT, SERVICE, AND CONSUMER PRODUCTS PROVIDED BY OTHER PARTIES.
ASIAN SPOT RELIES UPON STORES
AND CONSUMER PRODUCT LABELS TO PROVIDE ACCURATE DIETARY INFORMATION, ALLERGEN WARNINGS,
AND GENERAL PRODUCT SAFETY INFORMATION AND DOES NOT ACTUALLY WARRANT THAT ANY
SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
RATHER, ALL CONTENT IS ONLY PROVIDED FOR INFORMATIONAL ASIAN SPOT IS SOLELY AT
THE RISK OF PERSONS USING OR OTHERWISE HANDLING THE CONSUMER PRODUCTS.
ASIAN SPOT DOES NOT ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONSUMER PRODUCT, AND ASIAN SPOT
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN CUSTOMERS
OR THIRD PARTIES.
DELIVERY PERSONS ARE SOLELY
RESPONSIBLE FOR MANAGING THEIR OWN VEHICLES, AND TRAVELLING PROPERLY, SAFELY,
AND SECURELY. ASIAN SPOT DOES NOT
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY DELIVERY PERSON, AND ASIAN
SPOT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY DELIVERY SERVICE.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW,
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR
OTHERWISE, SHALL ASIAN SPOT BE LIABLE TO YOU, ANY PARTY OR TO ANY OTHER PERSON
FOR LOSS OF PROFITS, LOSS OF GOODWILL, PUNITIVE DAMAGES, OR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, LOSS OF DATA, COMPUTER OR NETWORK FAILURE OR MALFUNCTION, OR FOR ANY
OTHER DAMAGE OR LOSS. IN NO EVENT SHALL ASIAN SPOT’S TOTAL LIABILITY EXCEED THE
CUSTOMER’S COST OF THE ORDER AT ISSUE, OR $500, WHICHEVER IS LESS.
ASSUMPTION OF RISK AND RELEASE OF LIABILITY. CUSTOMERS UNDERSTAND
THAT BY USING DELIVERY PERSONS, THEIR ITEMS MAY BE EXPOSED TO SITUATIONS THAT
ARE POTENTIALLY DANGEROUS, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT
THE CUSTOMER CHOOSES TO USE THE SERVICES AND ENGAGE DELIVERY PERSONS AT THEIR
OWN RISK. EACH PARTY EXPRESSLY WAIVES AND RELEASES ASIAN SPOT FROM ANY AND ALL
LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO DELIVERY
PERSONS. ASIAN SPOT DOES NOT
INDEPENDENTLY VERIFY OR ASSESS THE CHARACTER, SKILL, QUALITY, OR SAFETY OF
DELIVERY PERSONS NOR DOES ASIAN SPOT INDEPENDENTLY VERIFY OR ASSESS THE
LEGALITY OF THE CONSUMER PRODUCTS PROVIDED BY STORES. ASIAN SPOT IS NOT
RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF DELIVERY PERSONS. ASIAN SPOT WILL NOT BE A PARTY TO DISPUTES OR
NEGOTIATIONS OF DISPUTES, BETWEEN CUSTOMERS, DELIVERY PERSONS, OR THIRD
PARTIES. EACH PARTY ASSUMES RESPONSIBILITY FOR THEIR OWN CONDUCT AND FULLY
ASSUMES THE RISK OF THEIR OWN DECISIONS.
Legal Compliance. It is each party’s
responsibility to use the Services solely for lawful purposes. In this respect
a party may not, without limitation (a) intercept or monitor any equipment that
is not their own; (b) use any type of spider, virus, worm, trojan-horse, time
bomb or any other codes or instructions that are designed to distort, damage,
unreasonably delete or disassemble Content, the Platform or the Services ; (c)
cause or intend to cause unfair embarrassment or distress to, or to unfairly
threaten, harass, or harm anyone. Asian Spot operates this Platform from California
and makes no representation that the Content is available for use outside the
United States of America. If a party accesses this Platform from another
location, it is by their own initiative and it is their own responsibility to
comply with the laws of their jurisdiction, as well as any applicable
import/export laws.
Indemnification. You (‘Responsible
Party’) shall defend and indemnify Asian Spot and its agents (at Asian Spot’
option) against any allegation, claim, lawsuit (“Claim”) made or brought
against Asian Spot by another party or a third party arising out of the
Responsible Party’s use of the Platform or Services, including, without
limitation, arising out of violation of this Agreement, violation of an
intellectual property right, breach of contract, negligence, willful
misconduct, or crime. Such indemnity shall cover any damages awarded against Asian
Spot, and for reasonable attorney’s fees incurred by Asian Spot, in connection
with any such Claim; provided, that Asian Spot promptly gives Responsible Party
written notice of the Claim. Where Responsible Party provides defense,
Responsible Party shall have the reasonable control of the defense and any
settlement of the Claim (provided that Responsible Party may not settle any
Claim without Asian Spot’ advance written consent). Asian Spot reserves the
right, at Asian Spot’ expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification under this section (without
limiting indemnification obligations hereunder) and the Responsible Party
agrees to reasonably cooperate with Asian Spot’ defense of that claim.
Updates and Amendments. Asian Spot may
make improvements and/or changes to the Services, and changes to the Content,
at any time and without notice. Asian Spot may amend this Agreement upon
10-days advance written notice, which amendments shall be binding on all
parties. If you do not agree with a change, your sole remedy is to cease using
the Platform and the Services.
Complete Agreement. This Agreement,
together with any applicable written agreement between parties (i.e., Delivery
Person Agreement between Asian Spot and a Delivery Person), and the Asian Spot
Privacy Notice, represent the entire agreement and general understanding
relating to the use of the Services and supersede prior, contemporaneous, or
additional communications. Asian Spot’ current statement of fees may be amended
from time to time in Asian Spot’ discretion.
Legal Contact Information
If
you have any questions about this Agreement, or if you would like to request
permission to use any Content, please contact us:
Asian
Spot
8327 Tampa Ave,
Northridge, CA 91324
Term.
This Agreement shall take
effect when you first use the Platform or when it is electronically accepted by
a party, whichever is first.
A party may terminate this
Agreement at any time for any reason or for no reason upon 3-days advance
notice, or immediately if the other party breaches the terms of this Agreement.
Upon the giving of a termination notice, an account may be immediately
suspended. Both parties agree that the opportunities presented by this
Agreement constitute adequate consideration for such a termination right.
Except as otherwise stated herein, neither party shall be responsible to the
other for any costs or damages resulting from the termination of this
Agreement.
The provisions of this
Agreement that by their nature extend beyond the applicable expiration date or
other termination of this Agreement will survive and remain in effect until all
obligations are satisfied.
·
Waiver. Failure of Asian Spot to enforce a right under this
Agreement shall not act as a waiver of that right or the ability to later
assert that right relative to the situation involved.
·
Validity of Provisions. If any provision of this Agreement shall be
found by a court to be void, invalid or unenforceable, the same shall be
reformed to comply with applicable law or stricken if not so conformable, so as
not to affect the invalidity or enforceability of this Agreement.
·
Force Majeure. No party shall be liable to any other party for any
failure or delay in performance of its obligations under this Agreement due to
any force majeure, labor strike, adverse weather conditions, shortage of
materials, pandemic, epidemic, quarantine, war, invasion, acts of a public
enemy, governmental preemption in connection with a national emergency, riot,
laws, rules, regulations or order of governmental or military authorities, or
failure of the Internet.
Arbitration And Class Action Waiver.
PLEASE
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT
TO FILE A LAWSUIT IN COURT.
You
and Asian Spot agree that this Agreement affects interstate commerce and that
the Federal Arbitration Act governs the interpretation and enforcement of these
arbitration provisions.
This
Section is intended to be interpreted broadly and governs any and all disputes
between us, including but not limited to claims arising out of or relating to
any aspect of the relationship between us, whether based in contract, tort,
statute, fraud, misrepresentation or any other legal theory; claims that arose
before this Agreement or any prior agreement (including, but not limited to,
claims related to advertising); and claims that may arise after the termination
of this Agreement. The only disputes excluded from this broad prohibition are
the litigation of certain intellectual property and small court claims, as
provided below.
By
agreeing to this Agreement, you agree to resolve any and all disputes with Asian
Spot as follows:
Initial Dispute Resolution: Most
disputes can be resolved without resort to litigation. You can reach Asian Spot’
support department at asianspot@gmail.com. Except for intellectual property and
small claims court claims, the parties agree to use their best efforts to
settle any dispute, claim, question, or disagreement directly through
consultation with the Asian Spot support department, and good faith
negotiations shall be a condition to either party initiating a lawsuit or
arbitration.
Binding Arbitration: If the parties do
not reach an agreed-upon solution within a period of thirty (30) days from the
time informal dispute resolution is initiated under the Initial Dispute
Resolution provision above, then either party may initiate binding arbitration
as the sole means to resolve claims, subject to the terms set forth below.
Specifically, all claims arising out of or relating to this Agreement
(including the Privacy Notice’s formation, performance, and breach), the
parties’ relationship with each other, and/or your use of the Platform or the
Services shall be finally settled by binding arbitration administered by JAMS
in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims
that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and
Procedures for claims exceeding $250,000 in effect at the time the arbitration
is initiated, excluding any rules or procedures governing or permitting class
actions. The arbitrator, and not any federal, state, or local court or agency,
shall have exclusive authority to resolve all disputes arising out of or
relating to the interpretation, applicability, enforceability, or formation of
this Agreement or the Privacy Notice, including but not limited to any claim
that all or any part of this Agreement or Privacy Notice is void or voidable,
whether a claim is subject to arbitration, or the question of waiver by
litigation conduct. The arbitrator shall be empowered to grant whatever relief
would be available in a court under law or in equity. The arbitrator’s award
shall be written and shall be binding on the parties and may be entered as a
judgment in any court of competent jurisdiction. To start an arbitration, you
must do the following: (a) write a Demand for Arbitration that includes a
description of the claim and the amount of damages you seek to recover (you may
find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three
copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS;
and (c) send one copy of the Demand for Arbitration to Asian Spot at Attn:
Legal; asianspot@gmail.com.
To
the extent, the filing fee for the arbitration exceeds the cost of filing a
lawsuit, Asian Spot will pay the additional cost. If the arbitrator finds the
arbitration to be non-frivolous, Asian Spot will pay the fees invoiced by JAMS,
including filing fees and arbitrator and hearing expenses. You are responsible
for your own attorneys’ fees unless the arbitration rules and/or applicable law
provide otherwise.
The
parties understand that absent this mandatory arbitration provision, they would
have the right to sue in court and have a jury trial. They further understand
that, in some instances, the costs of arbitration could exceed the costs of
litigation and the right to discovery may be more limited in arbitration than
in court.
If
you are a resident of the United States, arbitration may take place in the
county where you reside at the time of filing. For individuals residing outside
the United States, the arbitration shall be initiated in the State of California, the United States of America
and you and Asian Spot agree to submit to the personal jurisdiction of any
federal or state court in California in order to compel arbitration, to stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
Class Action Waiver: The parties
further agree that the arbitration shall be conducted in their individual
capacities only and not as a class action or other representative action, and
the parties expressly waive their right to file a class action or seek relief
on a class basis. YOU AND Asian Spot AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS USER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or
arbitrator determines that the class action waiver set forth in this paragraph
is void or unenforceable for any reason or that arbitration can proceed on a
class basis, then the arbitration provisions set forth above shall be deemed
null and void in their entirety and the parties shall be deemed to have not
agreed to arbitrate disputes.
Exception: Litigation of Intellectual
Property and Small Claims Court Claims: Notwithstanding the parties’ decision
to resolve all disputes through arbitration, either party may bring enforcement
actions, validity determinations or claims arising from or relating to theft,
piracy or unauthorized use of intellectual property in state or federal court
or in the U.S. Patent and Trademark Office to protect its intellectual property
rights (“intellectual property rights” means patents, copyrights, moral rights,
trademarks, and trade secrets, but not privacy or publicity rights). Either
party may also seek relief in a small claims court for disputes or claims
within the scope of that court’s jurisdiction.
30-Day Right To Opt Out: You have the
right to opt-out and not be bound by the arbitration and class action waiver
provisions set forth above by sending (from the email address you use on Asian
Spot) written notice of your decision to opt-out to Asian Spot ---Attn: Legal; asianspot@gmail.com
with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.”
The notice must be sent within thirty (30) days of your first use of the
Services; otherwise, you shall be bound to arbitrate disputes in accordance
with the terms of those paragraphs. If you opt-out of these arbitration
provisions, Asian Spot will not be bound by them.
Changes
To This Section: Asian Spot will provide thirty (30) days’ notice of any
changes to this section by posting on the Platform, sending you a message, or
otherwise notifying you when you are logged into your account. Amendments will
become effective thirty (30) days after they are posted on the Platform or sent
to you.
Changes
to this section will otherwise apply prospectively only to claims arising after
the thirtieth (30th) day. If a court or arbitrator decides that this subsection
on “Changes to This Section” is not enforceable or valid, then this subsection
shall be severed from the section entitled “Arbitration and Class Action
Waiver,” and the court or arbitrator shall apply the first Arbitration and
Class Action Waiver section in existence after you began using the Services.
Survival: This Arbitration and Class
Action Waiver section shall survive any termination of your Account or
cessation of use of the Platform or the Services.
Last
Updated: October 23, 2020