Effective: March 20, 2026 

 

PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CAMO EATS, AS DEFINED BELOW. 

 

SECTION 11 OF THIS AGREEMENT CONTROLS HOW ANY CLAIMS THAT YOU MAY HAVE AGAINST US AND THAT WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, SECTION 11 SETS FORTH A BINDING ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (EXCEPT AS SET FORTH IN SECTION 11(F)); AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION. 

 

1. Application of this Agreement 

 

This Agreement governs your use of the Technology and Services (each as defined below) and is between you and Camo Eats. “Camo Eats,” “we,” “us,” and “our” mean Camo Hospitality Inc., a Delaware corporation (dba “Camo Eats”), and its subsidiaries and affiliated companies. Camo Eats operates a platform connecting users with partner kitchens and third-party service providers. These Terms and Conditions constitute a legally binding agreement between you and Camo Eats and its subsidiaries. 

 

2. Acceptance of this Agreement 

 

Camo Eats operates an online platform that connects you with partner kitchens and facilitates food ordering and delivery services (such as office delivery, hotel room service, and similar services) for the facility where you are staying or visiting. Camo Eats’ Technology (as defined below) permits you to place orders for food from various partner kitchen menus. Your order is then prepared by our partner kitchens and delivered by Camo Eats or third-party delivery service providers to hotel rooms, front desks, meeting rooms, pool areas, bar areas, restaurant eating spaces, certain casino areas such as slots areas, sports venues and other public areas at your facility (depending on your order, the terms of the facility and certain limitations of the selected area). Not all delivery options are offered at any given facility. Your available options will be indicated to you as part of your order process. 

 

If you access any of our websites located at www.camoeats.com or any subdomain of www.camoeats.com, depending on the facility where you are staying or visiting, use the Camo Eats QR code to access our website, or use any other technology supplied by Camo Eats (collectively, the “Technology”), or access or use any information, function, feature, or service made available or enabled by Camo Eats (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Camo Eats account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to these Terms as in effect from time to time at www.camoeats.com  or through the Technology; (b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Camo Eats; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account or named as the User during the Camo Eats account registration process and to bind such organization to the Agreement. 

 

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services. 

 

3. Modifications 

 

Subject to Section 11(k) of this Agreement, Camo Eats reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at www.camoeats.com or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the address that you have provided to us or by text at the mobile number you provided to us. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to these modifications, you should immediately cease using the Technology and Services. 

 

4. Additional Terms and Policies 

 

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Camo Eats’ Privacy Policy, which is incorporated in this Agreement by reference. When you place an order that will be fulfilled by third-party delivery service providers, you also agree to be bound by such third-party service providers' terms of service and privacy policies, which will be linked or otherwise made available to you at the time of order. You also agree to abide by any additional Camo Eats terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. 

 

5. Rules and Prohibitions 

 

Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that: 

 

(a) You will only use the Services for lawful purposes, and you will not use or attempt to use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes. 

 

(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights. 

 

(c) You will only use or access the Services using means explicitly authorized by Camo Eats. We reserve the right to terminate your use of the Technology and/or Services should you be using the Technology or Services through unauthorized means. 

 

(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services. 

 

(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience. 

 

(f) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any User unless Camo Eats has given you prior permission to do so in writing. 

 

(g) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media. 

 

(h) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use. 

 

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request. 

 

(j) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services. 

 

(k) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed by the Services to a third party. 

 

(l) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any Camo Eats server or the networks connected to any Camo Eats server. 

 

(m) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any Camo Eats server. 

 

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Camo Eats may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing. 

 

(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites, and you will not attempt any of the foregoing. 

 

(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing. 

 

(q) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Camo Eats, Camo Eats employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing. 

 

(r) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that Camo Eats deems inappropriate when using the Services. 

 

(s) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services. 

 

(t) Your participation in using the Services is for your sole, personal, or internal business use. 

 

(u) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered. 

 

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion. 

 

6. User Account 

 

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

 

7. Communications with Camo Eats 

 

By creating a Camo Eats account or using the Technology or Services, you agree to accept and receive communications from Camo Eats or third parties providing services to you or Camo Eats, including via email, text message, direct message, chat, calls, and push notifications to the cellular telephone number you provided to Camo Eats. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Camo Eats, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. For certain types of communications (for example, marketing, research, or product updates), you may be able to adjust the emails, text messages, push notifications, or other communications you receive from us in the Camo Eats mobile application, on our website, or through mechanisms or functionality available in the communication. For purposes of clarity, any text message you may receive from us regarding an order is a transactional text message, not a promotional text message. 

 

8. Electronic Records 

 

By creating a Camo Eats account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Camo Eats at privacy@camoeats.com with “Revoke Electronic Record Consent” in the subject line.  For a free paper or digital copy, or to update our records of your contact information, email Camo Eats at privacy@camoeats.com with contact information and your mailing address. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that Camo Eats provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights. 

 

9. Intellectual Property Ownership 

 

Camo Eats alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by Camo Eats. Camo Eats names, Camo Eats logos, and the product names associated with the Technology and Services are trademarks of Camo Eats, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services. 

 

10. Payment Terms 

 

(a) Prices & Charges. You understand that: (i) Camo Eats has no obligation to itemize its costs, profits, or margins when publishing prices; (ii) pricing may change at any time, in the discretion of Camo Eats; and (iii) when you place an order through the Camo Eats platform, Camo Eats may process payment on behalf of partner kitchens and third-party delivery service providers, and prices may include fees for platform services, delivery, and other charges as disclosed at checkout. You are liable for all transaction taxes (other than taxes based on Camo Eats’ income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under this Agreement. If transaction taxes, including sales tax, use tax, goods and services tax, and other transaction taxes, are applicable, Camo Eats reserves the right to charge you additional amounts on account of such taxes. In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, Camo Eats reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by Camo Eats’ third-party payment processor(s), currently Stripe, Inc. and Square, though Camo Eats reserves the right to use other payment processors at its discretion. Your payment card information is collected, stored, and processed by our payment processor(s), not by Camo Eats. By providing payment information, you agree to be bound by the applicable payment processor's terms of service and privacy policy, which will be made available to you. Payments will be processed using the preferred payment method designated in your account. If your payment details change, you or your card provider may provide us with updated payment details. We may use these new details or details from other payment methods on file in order to help prevent any interruption to your use of the Services. This includes our right to charge any payment method on file if your initial form of preferred payment fails. It is your responsibility to keep your billing information up to date. 

 

(b) Refunds, Cancellations, and Delivery Guarantees. Camo Eats operates as a platform connecting you with independent partner kitchens and third-party delivery service providers. Because all orders involve perishable, on-demand goods prepared by partner kitchens or, in certain locations, by Camo Eats-operated kitchens, all sales are final once the kitchen has begun preparing your order. You may cancel an order for a full refund only if the order has not yet been accepted by the applicable kitchen. 
 
Delivery Delays: Camo Eats facilitates delivery through third-party delivery service providers or, in certain locations, through Camo Eats' own delivery operations. If your order takes longer than 90 minutes total to arrive, you may be granted a full or partial refund for your order. Where delivery is performed by a third-party delivery service provider, Camo Eats' ability to issue delay-based refunds may be subject to that provider's applicable policies. Delay refunds will not be granted if the delay was caused by guest error (e.g., providing an incorrect room number, unavailability at the time of drop-off) or restricted property access (e.g., hotel security or front desk holds). 
 
Reporting Issues: If there is an issue with your order (e.g., missing items, incorrect items, severe quality issues, or covered delays), you must contact CAMO Support within 2 hours of receiving your order (or within 2 hours of the original ETA if the order was never delivered). Issues relating to food quality or preparation should in the first instance be directed to the applicable partner kitchen, though where Camo Eats operates the kitchen directly, Camo Eats will handle such issues. Camo Eats reserves the right to require photographic proof for any quality or missing item claims. 
 
Resolution: At Camo Eats' sole discretion, Camo Eats will resolve verified issues by issuing a refund to your original payment method or by providing Camo Eats Platform Credit. Tips are non-refundable unless the entire order was unfulfilled. You may be required to provide identification information and/or a signature upon pick up and/or receipt of certain orders, as communicated at the time you place your order; if you fail to provide the required identification information or signature for such an order, you agree and acknowledge that we will not honor any claim that your order was not delivered and you may be subject to a non-refundable restocking fee. 

 

Scheduled Services & Experiences: Where the Camo Eats platform facilitates the booking of non-food services or experiences (including, without limitation, spa appointments, activity reservations, venue bookings, or other scheduled, non-perishable offerings) (collectively, "Scheduled Services"), the following cancellation policy applies: (i) cancellations made more than twenty-four (24) hours prior to the scheduled start time of the Scheduled Service are eligible for a full refund to the original payment method; and (ii) cancellations made within twenty-four (24) hours of the scheduled start time are subject to a cancellation fee, the amount of which will be disclosed to you at the time of booking and/or in the confirmation communication for the applicable Scheduled Service. Camo Eats reserves the right to modify the cancellation fee on a per-service or per-partner basis, and any such modifications will be communicated to you prior to completing your booking. Cancellation fees for Scheduled Services are in addition to, and do not affect, the refund and cancellation terms applicable to any food orders placed in connection with such bookings. 

 

(c) Promotional Offers and Credits. Camo Eats, at its sole discretion, may make promotional offers with different features and different pricing to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Camo Eats; (iii) are subject to the specific terms that Camo Eats establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer, which is, to the extent permitted by applicable law, incorporated in this Agreement by reference. Camo Eats reserves the right to withhold or deduct credits or benefits obtained through a promotion, or to charge additional amounts that would have applied to the transaction had the promotion not applied, in the event that Camo Eats determines or believes on reasonable grounds that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. Camo Eats reserves the right to modify or cancel an offer at any time.  

 

11. Arbitration Agreement 

 

THIS SECTION 11 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.” 

 

Please read this Section 11 carefully. It requires that any and all claims between you and Camo Eats be resolved by binding arbitration or in small claims court and, to the extent permitted by applicable law, prevents you from pursuing a class action or similar proceeding in any forum.  

 

(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Camo Eats or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Camo Eats as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or Camo Eats may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Either you or Camo Eats may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.  

 

BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY CLASS ACTION CASES. IF YOU AGREE TO ARBITRATION WITH CAMO EATS, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST CAMO EATS IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. 

 

(b) Informal Resolution. You and Camo Eats agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Camo Eats therefore agree that, before either you or Camo Eats demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. To notify Camo Eats that you intend to initiate an informal dispute resolution conference, email Camo Eats at privacy@camoeats.com providing your name, telephone number associated with your Camo Eats account (if any), the email address associated with your Camo Eats account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. 

 

(c) Arbitration Rules and Forum 

 

This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to Section 11(b). The arbitration will be conducted by American Arbitration Association (“AAA”) under its rules and pursuant to the terms of this Agreement. Once the notice certifying completion of the informal dispute resolution conference has been served, the party seeking to arbitrate must then file their arbitration demands with AAA. The demand must include (A) the name, telephone number, mailing address, and email address of the party seeking arbitration; (B) a statement of the legal claims being asserted and the factual bases of those claims; (C) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (D) the signature of the party seeking arbitration. Disputes shall be subject to AAA’s most current version of its Arbitration Rules. 

 

If AAA is not available to arbitrate, the parties will mutually select an alternative arbitral forum. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court resolves that dispute. You may choose to have the arbitration conducted by telephone, video conference, or in person in the county where you live or at another mutually agreed location. The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by applicable law. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Agreement, either party may seek to enjoin the arbitration proceeding in court, and the arbitration shall automatically be stayed pending the outcome of that proceeding. 

 

(d) Arbitrator Powers. The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, to the extent permitted by applicable law except with respect to Section 11(f) below (Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief), the enforceability of which can only be determined by a court. All disputes regarding the payment of arbitrator or arbitration-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court or arbitration administrator. The arbitration will decide the rights and liabilities, if any, of you and Camo Eats. Except as expressly agreed to in Section 11(g) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the arbitrator shall preclude oral discovery of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted. 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, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and Camo Eats.  

 

(e) Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CAMO EATS WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Camo Eats are instead electing to have all disputes resolved by arbitration, except as specified in Section 11(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited. 

 

(f) Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 11(g) OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CAMO EATS AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS EXCEPT AS SET FORTH IN SECTION 11(g). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 11(g). In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) a civil court of competent jurisdiction finds all or part of the Waiver of Class, Consolidated, and Representative Actions is unenforceable, the class, collective, or representative action must be litigated in a civil court of competent jurisdiction, but the portion of the Waiver of Class, Consolidated, and Representative Actions that is enforceable shall be enforced in arbitration. The portion of such dispute proceeding in court shall be stayed pending the conclusion of the arbitration. Notwithstanding any other provision in this Agreement, any claim that all or part of the waivers set forth in Section 11(f) is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. This provision does not prevent you or Camo Eats from settling claims on a class, collective, or representative basis. 

 

(g) Batch Arbitrations. To the extent permitted by applicable law, to increase efficiency of resolution, in the event 100 or more similar arbitration demands against Camo Eats, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); (B) claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider; (C) the arbitration provider shall provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch; and (D) the arbitration provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch. You agree to cooperate in good faith with Camo Eats and the arbitration provider to implement such a batch approach to resolution and fees. Disagreements over the applicability of this batch arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. Notwithstanding any provision in the Agreement to the contrary, batch arbitrations shall take place in San Francisco, California or, if the parties prefer, by video conference. The parties may also agree to conducting arbitration based on written submissions alone. 

 

(h) No Effect on Independent Contractor Agreement. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND CAMO EATS RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONTRACTOR, OPTING OUT OF THE ARBITRATION AGREEMENT SET FORTH IN SECTION 11 HAS NO EFFECT ON YOUR AGREEMENT TO ARBITRATE DISPUTES COVERED BY YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH CAMO EATS. 

 

(i) Survival. This Arbitration Agreement will survive any termination of your relationship with Camo Eats.  

 

(j) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Camo Eats makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Camo Eats. 

 

(k) Entire Agreement; Severability. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable. 

 

12. Transactions Involving Alcohol and Other Age-Restricted Products 

 

You may have the option to request delivery or pickup of alcohol products in some locations and from certain Merchants. You agree that you will only order alcohol products if you, the intended recipient, and anyone who may consume the alcohol products are of legal age to purchase and consume alcohol products in the relevant jurisdiction. You also agree that, upon delivery or pickup of alcohol products, the recipient of any alcohol products will provide valid government-issued identification proving the requisite legal age and that the recipient will not be intoxicated when receiving such products. If you order alcohol products, you understand and acknowledge that the order will only be delivered if the Merchant accepts your order. The person delivering alcohol may be legally obligated to refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient is not of legal age, is visibly intoxicated, or is not physically present to accept the delivery, and will be prompted to refuse delivery if the recipient cannot provide a valid government-issued identification proving requisite legal age, is visibly intoxicated, or is not physically present to accept the delivery. If the delivery of alcohol products cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you or the intended recipient may not receive any part of the applicable order, including any non-alcohol items that you may have purchased with your alcohol products, and you may also be subject to a non-refundable restocking fee. Alcohol is not available in all locations that are served by the Camo Eats platform. Alcohol may be removed from the platform for specific Users at Camo Eats’ sole discretion. 

 

You may also have the option to request delivery or pickup of other age-restricted items from certain Merchants, such as certain over-the-counter medication or other products subject to applicable federal, state, provincial, or local laws, rules, or regulations or Merchant or Camo Eats policies requiring age verification. You agree that you will only order age-restricted items if you, the intended recipient, or anyone who may consume such products are of legal age to purchase the items. You also agree that, upon delivery or pickup of age-restricted items, the recipient will provide valid government-issued identification proving the requisite legal age for such age-restricted items. The person delivering age-restricted items will refuse delivery pursuant to applicable federal, state, provincial, or local laws, rules, or regulations, including if the recipient cannot provide a valid government-issued identification proving requisite legal age or is not physically present to accept the delivery. If the delivery of age-restricted items cannot be completed for one or more of these reasons, you agree and acknowledge that your purchase is non-refundable and you may not receive any part of your order, including items that are not age-restricted that you may have purchased with your age-restricted items, and you may also be subject to a non-refundable restocking fee. 

 

13. Indemnification 

 

To the extent permitted by law, you agree to indemnify and hold harmless Camo Eats and its officers, directors, members, managers, stockholders, employees, agents, affiliates, and third-party service providers (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services. In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section 13, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and/or attorneys’ fees incurred by the Indemnified Party. Camo Eats reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Camo Eats in asserting any available defenses. This Section 13 does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Technology or Services. You agree that the provisions of this Section 13 will survive any termination of your account, this Agreement, or your access to the Technology and/or Services. 

 

14. Disclaimer of Warranties 

 

UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 14 MAY NOT APPLY TO YOU. THIS APPLIES TO RESIDENTS OF CALIFORNIA, OREGON, NEW YORK, LOUISIANA, AND OTHER JURISDICTIONS WHERE SUCH LIMITATIONS ARE NOT PERMITTED. SECTION 14 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. CAMO EATS WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE BUT DOES NOT GUARANTEE IT WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. CAMO EATS MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS. 
 
CAMO EATS OPERATES AS A PLATFORM CONNECTING USERS WITH INDEPENDENT PARTNER KITCHENS AND THIRD-PARTY DELIVERY SERVICE PROVIDERS. CAMO EATS DOES NOT PREPARE FOOD, OPERATE KITCHENS, OR DIRECTLY PROVIDE DELIVERY SERVICES (EXCEPT WHERE EXPRESSLY INDICATED). PARTNER KITCHENS ARE SOLELY RESPONSIBLE FOR FOOD PREPARATION, FOOD SAFETY, FOOD QUALITY, AND COMPLIANCE WITH ALL APPLICABLE HEALTH AND SAFETY REGULATIONS. THIRD-PARTY DELIVERY SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE DELIVERY OF ORDERS, INCLUDING TIMELINESS, HANDLING, AND CONDITION OF DELIVERED ITEMS. CAMO EATS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF FOOD PREPARED BY PARTNER KITCHENS OR SERVICES PROVIDED BY THIRD-PARTY DELIVERY PROVIDERS. TO THE FULLEST EXTENT PERMITTED BY LAW, CAMO EATS DISCLAIMS ALL LIABILITY FOR ANY ISSUES ARISING FROM PARTNER KITCHEN FOOD PREPARATION OR THIRD-PARTY DELIVERY SERVICES, INCLUDING BUT NOT LIMITED TO FOODBORNE ILLNESS, ALLERGIC REACTIONS, DELIVERY DELAYS, OR DAMAGE TO ORDERS DURING DELIVERY. 

 

CAMO EATS DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY ORSERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAMO EATS SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. 

 

15. Internet Delays 

 

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, Camo Eats is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems. 

 

16. Breach and Limitation of Liability 

 

You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient and to provide the Technology and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 16 to keep the Technology and Services simple and efficient, and costs low, for all Users. 

 

(i) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAMO EATS’ AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO CAMO EATS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF THE STATE OF NEW JERSEY IN THE UNITED STATES. FOR RESIDENTS OF NEW YORK, OREGON, AND LOUISIANA, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO THE EXTENT IT WOULD VIOLATE APPLICABLE STATE CONSUMER PROTECTION LAWS OR PUBLIC POLICY, AND CAMO EATS' LIABILITY FOR CLAIMS ARISING FROM PARTNER KITCHEN SERVICES OR THIRD-PARTY DELIVERY SERVICES SHALL BE LIMITED AS DESCRIBED IN SECTION 14. 

 

(ii) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAMO EATS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY CAMO EATS’ FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES OR THE PROVINCE OF QUÉBEC IN CANADA. FOR RESIDENTS OF NEW YORK AND LOUISIANA, THIS DISCLAIMER SHALL NOT APPLY TO THE EXTENT IT WOULD VIOLATE APPLICABLE STATE CONSUMER PROTECTION LAWS, AND SUCH RESIDENTS RETAIN ALL RIGHTS UNDER THEIR RESPECTIVE STATE CONSUMER PROTECTION STATUTES. 

 

17. Exclusive Venue 

 

(a) United States Consumers. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Camo Eats agree that all claims and disputes arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Camo Eats or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Camo Eats as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the state or federal courts located in Los Angeles County, California if you are a California resident, in the federal or state courts located in the county of your residence if you are a resident of Oregon, New York, or Louisiana, and in the United States District Court for the Central District of California if you are not a resident of California, Oregon, New York, or Louisiana. 

 

18. Termination 

 

If you violate this Agreement, Camo Eats may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists. 

 

In addition, at its sole discretion, Camo Eats may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Technology or the Services, Camo Eats reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement. 

 

19. Procedure for Making Claims of Copyright Infringement 

 

It is Camo Eats’ policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Camo Eats by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the specific location on the Services of the material that you claim is infringing, including enough information to allow Camo Eats to locate the material; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice of a copyright infringement claim should be sent to Camo Eats’ Copyright Agent at the address set forth below, based on the country in which the copyright owner primarily resides or was formed: 

 

Camo Hospitality Inc. 

631 W. Katella Ave, STE 500 

Anaheim, California 92802 

Attention:  Copyright Director 

 

20. General 

 

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Camo Eats, or any third-party provider as a result of this Agreement or use of the Technology or Services. Partner kitchens and third-party delivery service providers are independent contractors and are not employees, agents, or partners of Camo Eats. Camo Eats does not control the day-to-day operations of partner kitchens or third-party delivery service providers. This independent contractor relationship is established to comply with applicable laws in all jurisdictions where Camo Eats operates, including California, Oregon, New York, and Louisiana. 

 

(b) Choice of Law. Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of State of Delaware consistent with the Federal Arbitration Act. 

 

(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. 

 

(d) Consumer Complaints. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. If you are an Oregon resident, you may contact the Oregon Department of Justice, Consumer Protection Section at (877) 877-9392. If you are a New York resident, you may contact the New York State Attorney General's Consumer Frauds Bureau at (800) 771-7755. If you are a Louisiana resident, you may contact the Louisiana Attorney General's Consumer Protection Section at (800) 351-4889. 

 

(e) Notice. Where Camo Eats requires that you provide an email address, you are responsible for providing Camo Eats with your most current email address. In the event that the last email address you provided to Camo Eats is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Camo Eats’ dispatch of the email containing such notice will nonetheless constitute effective notice. You agree that all agreements, notices, disclosures, payment or renewal notifications, and other communications that Camo Eats provides to you electronically (such as through email or posting through the Services, including in your Camo Eats account) satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You may give notice to Camo Eats by contacting Customer Support. Such notice shall be deemed given on the next business day after such notice is actually received by Camo Eats. 

 

(f) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Camo Eats without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns. 

 

(g) Use Only Where Legally Allowed. You shall not access or use any portion of the  

Services if you are not legally allowed to do so where you are located. 

 

(h) Subcontracting. Camo Eats may subcontract any of its obligations under this Agreement without your prior written consent. 

  

(i) Variation of Our Websites or the Technology. We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology. 

 

(j) Entire Agreement. This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Camo Eats relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor. 

 

21. Contact Information 

 

Camo Eats welcomes your questions or comments regarding this Agreement. Please find our contact information below: 

 

United States: 

Camo Hospitality Inc. 

631 W. Katella Ave, STE 500 

Anaheim, California 92802 

Attention:  President 

 

 

Email: support@camoeats.com 

Telephone Number: +1-213-297-4499