Effective Date: May 25, 2018
1. BINDING EFFECT. This is a contractual agreement between you and FoodTruckr, LLC. (“Company”) regarding your purchase of information products (“book” or “book packages”) via http://www.foodtruckr.com (the “Site”). You agree to these terms by showing your assent through affirmatively checking a provided agreement box during the purchase process.
3. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited.
4. PACKAGES. Company offers certain custom book packages for sale. You hereby authorize the Company and its merchant provider to charge your credit card or payment source in advance of the delivery of your book package of choice for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use. If payment cannot be charged to your credit card or payment resource or the charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate your purchase and/or access to services such as the Mastermind Group, thereby terminating this Agreement and all obligations of Company hereunder.
5. REFUNDS. You may request a refund of the full purchase price minus any incidental costs for a 30 day period following your purchase of one of the book packages. The 30 day period shall commence from the date and time you make payment on your purchase. Any refund requests made after this 30 day period shall be rejected although Company, in its sole discretion, may choose to provide a refund if it determines such action is warranted.
6. MASTERMIND GROUP. You have the option of purchasing book packages that include the right to participate in a private Mastermind Group discussion. You grant Company a license to use the materials you post during group discussions. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the private group, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. ACCESS TO MASTERMIND GROUP. Should you elect to purchase book packages containing the right to participate in the Mastermind Group, the right of access the private Mastermind Group is granted solely to the person making the purchase. Giving access to a non-paying party shall constitute a breach of these terms and your access to the Mastermind Group will be terminated. Company shall not be liable for any loss that you incur as a result of someone else accessing the group through your account. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
8. AFFILIATE COMPENSATION/DISCOUNTED SERVICES. We have business relationships with certain third parties mentioned and linked to in the book packages. Should you follow the links in the book packages and make purchases from these parties, please note we will not receive monetary compensation from said parties. The price you are quoted from said services, however, may be discounted pursuant to our relationships with said businesses.
9. GUARANTEE DISCLAIMER. The book packages offered herein address certain processes for starting and running a food truck business. The information is drawn from business owners, participants in the industry and includes expressions of opinion. There is no possible way to account for every situation you might experience when attempting to start a food truck business. As a result, we do not and cannot guarantee your success in the food truck industry. As with starting any business, there will be challenges. Success ultimately makes overcoming those challenges incredibly rewarding.
10. NO WARRANTIES. The author and publisher are providing THESE BOOK PACKAGES on an “as is” basis and make no representations or warranties of any kind with respect to THE BOOK PACKAGES. The author and publisher disclaim all such representations and warranties, including for example warranties of merchantability and educational advice for a particular purpose. In addition, the author and publisher do not represent or warrant that the information accessible via THESE BOOKS is complete or current.
11. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF BOOK PACKAGES, THE MASTERMIND GROUP OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPY REGARDLESS OF THE TYPE OF LEGAL CLAIM MADE.
12. AFFILIATED SITES. We mention or link to various websites and services in the book packages. These websites and service are independent of Company and we have no control over them. We provide references to these third parties solely to assist you with locating resources applicable to the food truck industry. The mention or linking to said parties does not constitute an endorsement of the sites or their services. We neither guarantee nor warrant these third parties provide accurate information or quality services. Use the services provided at your own risk.
13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your use of the book packages in a manner not intended, your violation of this agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT. All contents in the book packages are Copyright © 2014 – FoodTruckr, LLC, 11315 Rancho Bernardo Rd., Ste. 126, San Diego, California 92127. All rights reserved.
15. EMAIL COMMUNICATIONS. When you contact us or purchase any of the available book packages, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
16. ARBITRATION. You and FoodTruck, LLC agree that any dispute, claim or controversy arising out of or relating in any way to these terms and conditions or FoodTruckr products offered shall be determined by binding arbitration or in small claims court. By agreeing to these terms, you agree the Federal Arbitration Act of the United States governs the interpretation and enforcement of this arbitration clause, and that you and FoodTruckr, LLC are each WAIVING THE RIGHT TO A TRIAL BY JURY OR THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION. YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless we jointly agree otherwise, the arbitrator may not consolidate more than one person’s claims with either of our claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
You may opt out of this arbitration clause at the time you first provide information to or make a purchase from FoodTruckr, LLC, by providing written notice to us here: [email protected]
If you elect to seek arbitration or file a small claim court action, you must first send us a written notice of your claim (“Notice”) by certified mail. The Notice should be forwarded to: Law Office of Richard A. Chapo, 5040 Seachase Way, San Diego, California 92130 (“Notice Address”). Notice sent by either party must describe the nature and basis of the claim and the specific relief sought. The parties shall then have 30 days to negotiate a resolution. If no resolution is reached, the parties may initiate formal arbitration proceedings. If we initiate arbitration, written Notice will be sent to you at the email address we have on file for you.
You can obtain a Notice form and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless FoodTruckr, LLC and you agree otherwise, any arbitration hearings will take place in the State of California if you reside in California or via video conferencing or telephone conference as determined by the arbitrator in their sole discretion taking into account the written requests of the parties should you reside in a jurisdiction other than California.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, or through a telephonic hearing. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision in sufficient detail to explain the essential findings and conclusions on which the decision is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
This arbitration provision shall survive termination or amendment of these terms and conditions as well as the return or refund of any FoodTruckr products.
17. AMENDMENTS. Company reserves the right to amend this agreement. Should Company seek an amendment, we shall:
(a) provide you notice by email of said change 15 days prior to the change going into force.
(b) clearly publish on the home page of the Site the fact an amendment will be made with a link to a page detailing the changes, the date the changes will go into effect and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement and the original terms shall apply. All amendments to this agreement shall be forward looking.
18. GOVERNING LAW. This agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Should a dispute arise in which arbitration is not pursued for any reason, you agree that the jurisdiction for any lawsuits or legal matters shall be solely that of the state or federal courts located in San Diego County, California.
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
20. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.