Terms Of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS PLATFORM OR ANY PRODUCT OR SERVICE PROVIDED BY SLOEATS, INC. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THIS PLATFORM, USE THE SERVICE, OR CLICK “ACCEPT”.

 

  1. Agreement

Sloeats, Inc., (“SLOeats”, “we”, “us” and terms of similar meaning) provides this platform (in these terms we call this platform and any successor platforms, websites, apps, software, tools, information, features, and functionality, including content, updates and new releases located at sloeats.com, for use with the platform, the “Platform”) to you subject to these terms and conditions of use (these “Terms”).

 

By accessing or using the Platform, you agree to be bound by this Agreement, whether you are a visitor to our Platform or you are a registered “Member”. The term “you” or “User” refers to both Members and Users. The term “we” or “us” refers to SLOeats, Inc., and its affiliates, parents, and licensors. You must read this Agreement and indicate your acceptance during the registration process.

 

You cannot enter this Agreement or use the Service if you are not of legal age or otherwise not competent to form a binding contract. By accepting this Agreement, you are affirming that you are of legal age and are otherwise competent to enter a contractual relationship with us.

 

  1. Privacy

For information about how we protect your personal information and data, please refer to our Privacy and Security Policy, which is incorporated into this Agreement. The policy may be updated from time to time at our sole discretion. Any changes are effective upon the date they are posted to the Platform. Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through the use of the Service, may be used by us or our partners and third-party vendors to conduct certain analytical research, performance tracking, and benchmarking needed for better servicing you. We or our vendors may use a summary or aggregate results relating to metrics composed of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will NOT be shared with or sold to third parties.

 

  1. Description of the Service

 

SLOeats is a restaurant membership Platform that provides access to exclusive restaurant deals, restaurant details, menus, and mapping. In addition, the Service gives incentivisation and tools to make restaurant decisions. Based on the information provided, the Service may also present information relating to others services we offer or third-party products or services (“Special Offers”)

 

The Service is provided to help customers of a restaurant save money, discover new restaurants, and increase frequency to existing restaurants. In addition, the Service is provided to help restaurant business owners increase their customers (dine-in and pickup only) by offering exclusive deals through the SLOeats Platform.

 

Our efforts are intended to provide a reliable and trustworthy Platform for building the relationship between restaurants and customers. However, the Service does not warrant or guarantee the services or products offered by restaurants or third-party services. In addition, the Service does not warrant or guarantee restaurant details such as (but not limited to) menu items, menu descriptions, menu item costs, address, phone number, or amenities.

 

  1. Alcohol Deals

This section is applicable if a business listed on the Platform (“Restaurant”) offers an alcoholic beverage or alcoholic food product that is governed in whole or in part by the laws that govern alcoholic beverages (“Alcohol”).

 

SLOeats does not hold licenses, permits, approvals, authority, registrations, certifications, or similar authorizations that may be required to sell Alcohol, and only facilitates the promotion and/or marketing of Restaurants and Restaurant Deals. SLOeats is not involved in the sale of Alcohol and does not take any commission on Alcohol sold as a result of Deals promotions within the Platform. The Restaurant, in its sole discretion, sets the price of Alcohol that the Restaurant offers for sale at the Restaurant’s place of business.

 

The Restaurant enters into contracts with You for the sale of Alcohol. The Restaurant is responsible for and will control the sale of any orders for Alcohol, including any decisions regarding accepting, fulfilling, and rejecting orders for Alcohol. The Restaurant is a licensed seller of Alcohol that wishes to promote Alcohol Deals via SLOeats.

 

The Restaurant agrees to limit the hours during which Alcohol is available for purchase from the Restaurant in accordance with applicable laws. The Restaurant further agrees that SLOeats may further restrict the hours during which Alcohol Deals are available from the Restaurant on the SLOeats Platform, within those limits set by the Restaurant. SLOeats will use reasonable efforts to notify the Restaurant of any such modifications.

 

Each party is responsible for taking any steps it deems reasonably necessary to inform itself of the applicable Laws, and any other similar requirements related to the sale of Alcohol. The Restaurant agrees to follow all laws related to its advertisement and promotion of Alcohol, including but not limited to, only offering Deals for Alcohol that comply with applicable laws, Alcohol and Tobacco Tax and Trade Bureau and Federal Trade Commission guidelines, and following industry best practices.

 

  1. Market Testing

At times, various market tests may be conducted. These tests may include special promotions or features for free as a part of market testing. These features and promotions will be on a limited-time basis and we will notify you of them ahead of time. Depending on the test, users may not be aware they are part of a special promotion. Users may contact support at any time to opt out of the program.

 

  1. Fees and Renewal

We accept a variety of payment methods, including Visa, MasterCard, Discover, and American Express. In some cases, Apple Pay and Google Pay may be available. For the full list of supported cards, please visit https://stripe.com/docs/payments/cards/supported-card-brands. For more information, please contact [email protected]

 

If a payment attempt fails, we will retry payment collection at most one per day for the following seven (7) days. If all attempts fail, your SLOeats membership will automatically be canceled.

 

You are responsible for managing your SLOeats membership. If you wish to cancel or alter your membership, or wish to change your payment method, you can do so from the Account page within the SLOeats platform.

 

SLOeats has a strict “no-refunds” policy. If You forget to cancel your membership before it renews, SLOeats will not refund that charge. Canceled memberships will remain active until the end of the current billing cycle. SLOeats will not issue a prorated refund for any days remaining in the billing cycle.

 

  1. Offers and Third-Party Links

Our Platform and parts of the Service may contain links from advertisers and display Special Offers that may be custom matched to you based on information stored in the Service, queries made through the Service, or other information. In connection with Special Offers, the Service may provide links to other Platforms belonging to advertisers and other third parties. We do not warrant or guarantee the products or services available through the Special Offers (or any other third-party products or services advertised), and we are not a broker or agent for any third party. We do not assume responsibility for the statements made or content of offers or claims in any third-party advertisement.

 

  1. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of any one-time-passwords provided to you by the Service, which, together with your phone number, allows you to access the Service. Your phone number and email address constitute your “Registration Information.”

 

You agree to receive all required notices electronically at the phone number or email address you provide. It is your responsibility to update or change that phone number or address as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain text) in the text of the email or through a link to the appropriate page on our Platform, accessible through any standard, commercially available phone carrier or Internet browser.

 

If you become aware of any unauthorized use of your Registration Information, you agree to notify us immediately.

 

  1. Your Use of the Service

Your right to access and use our Platform and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Platform for lawful purposes.

 

The Service is most effective when accurate information is supplied. You must provide true, accurate, current, and complete information in order to obtain the best results.

 

Your access and use of our Platform may be interrupted from time to time for any of several reasons, including without limitation the malfunction of equipment, periodic updating, maintenance or repair of our Platform, or other actions that we, in our sole discretion, may elect to take.

 

We may offer “beta” or trial versions of the Service or special features. You acknowledge that such features are provided “as-is” and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. Your use of any such features is at your own risk.

 

You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way. We will not sell, publish, or share your comments or feedback in a way that could identify you without your explicit permission.

 

  1. Mobile Device

The Service may be available through compatible mobile devices and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

 

  1. Alerts

We may from time to time provide automatic alerts and voluntary account-related alerts. We may have "automatic" alerts related to account activity that cannot be disabled. We may also have "voluntary" alerts that can be toggled on/off. These could be transaction-related, User engagement/behavior related, or product-related; for example, new feature announcements.

 

Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your Registration Information.

 

If available, voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. We may add new alerts from time to time or cease to provide certain alerts at any time upon our sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

 

Electronic alerts will be sent to the email address or phone number you have provided as your primary email address or phone number. If your email address or phone number or your mobile device’s email address or phone number changes, you are responsible for updating that information on the Account page of the Platform. Changes to your email address or mobile number will apply to all of your alerts.

 

Because alerts are not encrypted, we will never include your passcode. However, alerts may include one-time-passwords and some information about your account. Anyone with access to your email or phone number will be able to view the content of these alerts. At any time, you may disable future alerts.

 

You understand that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will do our absolute best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we are not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

 

  1. Intellectual Property Rights

The contents of the Service and our Platform, including its text, graphics, images, logos and button icons, photographs, editorial content, notices, software, and other material, are protected under both United States and other applicable copyright, trademark, and other laws. The contents of our Platform belong or are licensed to us or our software or content suppliers. We grant you the right to view and use the Service subject to these terms. You may download or print a copy of the information provided on our Platform for your personal, non-commercial use only. 

 

Any distribution, reprint, or electronic reproduction of any content from our Platform in whole or in part for any other purpose is expressly prohibited without our prior written consent. All rights not granted are exclusively reserved by us. This is not a transfer of ownership in any intellectual property owned by us.

 

  1. Misuse

You agree that you will not:

  • Use any robot, spider, scraper, deep-link, or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy, or monitor the Service or any portion of our Platform without our express written consent, which may be withheld in our sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Platform, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Internet Explorer, Safari, Firefox, Chrome, or Opera);
  • Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of our Platform or the Service; or
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Platform or the Service.

 

  1. Rules for Posting

As part of the Service, we may allow Members to post content on bulletin boards, blogs, and at various other publicly available locations on our Platform. You agree in posting content to follow certain rules.

  • You are responsible for all content you submit to our Platform.
  • By submitting content, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with our Platform and our business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through our Platform and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of our Platform and under this Agreement.
  • You may not post or transmit any message that is libelous or defamatory, or that discloses private or personal matters concerning any person. You may not post or transmit any message, data, image, or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law; or that is otherwise inappropriate.
  • You may not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs; trade secrets or other confidential proprietary information; and trademarks or service marks used in an infringing fashion.
  • You may not interfere with other Users’ use of the Service, including without limitation disrupting the normal flow of dialogue in an interactive area of our Platform, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials, or any other solicitation of other Users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of our Platform that may be designated for that purpose is between you and that employer, employee, or contractor alone and not with us.
  • You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
  • You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, or advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to us in any way.

 

  1. Social Media Sites

We may provide experiences on social media platforms such as Facebook®, Twitter®, Instagram®, TikTok® and Pinterest® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social Platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

 

  1. No Warranty

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR PLATFORM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF OUR PLATFORM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON OUR PLATFORM OR OF THE SERVICE, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

16.1 Deal Availability

As an example of the “AS-IS” and “AS AVAILABLE” nature of the Platform, Restaurant Deals offered through the Platform are subject to change at any time, without notice. There is no warranty or guarantee on which Restaurants offer a Deal, what type of Deal a Restaurant offers, or how long a Restaurant will offer a Deal.

 

  1. Not a Financial Planner, Broker, or Tax Advisor

SLOEATS, INC, ITS AFFILIATES, AND THE SERVICE DO NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. The Service is intended only to assist you in saving money at restaurants and the results are not guaranteed and may vary from month to month. Your personal situation is unique and fact-dependent. Thus, any information and advice obtained through the Service may not be appropriate for your particular situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

 

  1. DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE, SOFTWARE, AND ANY THIRD-PARTY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” SLOEATS, INC., ITS AFFILIATES, ANY THIRD-PARTY VENDOR, AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICE, SOFTWARE, OR ANY THIRD-PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY USE OF THE SERVICE, SOFTWARE, OR THIRD-PARTY SERVICES WILL BE AT YOUR SOLE RISK. SLOEATS, INC, ITS AFFILIATES, AND ITS (i) LICENSORS AND (ii) THIRD-PARTY VENDORS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE, SOFTWARE, OR THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR THIRD-PARTY SERVICES.

 

  1. LIMITATION OF LIABILITY AND INDEMNITY

19.1 YOU TAKE FULL RESPONSIBILITY FOR THE DATA YOU ENTER, THE CONTENT YOU SUPPLY, AND YOUR USE OF OUR SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE, SLOEATS, INC, ITS AFFILIATES, AND ITS EMPLOYEES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR PROFESSIONAL ADVICE. OUR SERVICES ARE OFFERED TO ASSIST YOU IN RESTAURANT DISCOVERY AND DISPLAY OF RESTAURANT DEALS AS DESCRIBED HEREIN.

 

19.2 NEITHER SLOEATS, INC, ITS AFFILIATES, OR ANY THIRD-PARTY VENDOR SHALL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OUR PLATFORM, YOUR USE OF THE SERVICE, OR THIS AGREEMENT.

 

19.3 SUBJECT TO APPLICABLE LAW, SLOEATS, INC, AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SYSTEM REQUIREMENTS; (C) DAMAGES OR LOSSES RELATED TO PROFESSIONAL SERVICES OR ADVICE OF THIRD PARTIES, INCLUDING ADVERTISERS. THE ABOVE LIMITATIONS APPLY EVEN IF SLOEATS, INC., AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF SLOEATS, INC., AND ITS AFFILIATES AND VENDORS, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE AND ITS USE. IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST US OR OUR AFFILIATES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

 

19.4 THE MAXIMUM AMOUNT TO WHICH SLOEATS, INC., AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND THIRD-PARTY VENDORS MAY BE LIABLE TO YOU IN ANY CIRCUMSTANCE SHALL NOT EXCEED (i) IN THE CASE OF PAID MEMBERS, THE AMOUNT OF FEES PAID BY YOU IN THE PRECEDING TWELVE (12) MONTHS FOR THE SERVICE OR (ii) IN THE CASE OF ALL OTHER USERS AND MEMBERS, FIVE HUNDRED DOLLARS ($500.00).

 

19.5 You agree to indemnify and hold SLOEATS, INC, and its Affiliates, Officers, Agents, Employees, and Third-Party Vendors harmless from any and all claims, liability, and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Service or breach of this Agreement (collectively referred to as "Claims"). We reserve the right, in our sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims.

 

  1. Termination

This Agreement will remain in effect until terminated by either you or us as set out below. If you want to terminate your agreement with us, you may do so by closing your account for the Service.

We may at any time terminate our legal agreement with you immediately upon notice to the email address provided by you as part of your Registration Information:

  1. If you have breached or repudiated any provision of this Agreement; or
  2. If we in our sole discretion believe termination is required to do so by law.

 

  1. Modifications

We may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on our Platform. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

 

  1. Governing Law and Forum for Disputes

This Agreement and your relationship with us shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with us or our officers, directors, employees, agents, or affiliates arising under or in relation to this Agreement shall be resolved exclusively through the state courts having jurisdiction over San Luis Obispo County, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties

 

  1. Miscellaneous

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.

If we do not exercise or enforce any legal right or remedy that is contained in the Agreement, such a decision on our part will not serve as a formal waiver of our rights and all rights or remedies will still be available to us.

 

All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

 

This Agreement represents the entire understanding and agreement between you and us regarding the subject matter of the same and supersedes all other previous agreements.

 

  1. Platform

The Service’s Platform relies upon the Heroku cloud infrastructure. For details about the security of this Platform, please visit https://www.heroku.com/policy/security. Additional information on compliance of Heroku is found here: https://www.salesforce.com/company/legal/trust-and-compliance-documentation/.