Terms of Service
Effective Date: May 27th, 2019
Welcome to Ono Food Co. Please read these Terms of Service (the “Terms”), and our Privacy Policy (http://onofood.co/legal/privacy) carefully because they govern your use of our website (the “Site”), products, services, application (the “App”), and our robotic kitchen services accessible at our mobile food facility, via our Site, and via the App. To make these Terms easier to read, the Site, the App, the robotic kitchen and related services are collectively called the “Services.” If you have any questions, concerns, or comments regarding these terms or the Services, please contact us via email at [email protected], or through a written letter sent to our physical address: 915 Venice Blvd. Los Angeles, CA 90015.
These Terms are a binding contract between you and Ono Food Co., doing business as Ono Blends (“Ono Blends”, “we”, “us”, or “our”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy (http://onofood.co/legal/privacy).
Modification
We are constantly trying to improve our Services, and so these Terms may change at any time, in Ono Food Co’s sole discretion. If we do so, we’ll let you know either by posting the modified Terms on our Site or through other communications. The amended Terms will have immediate effect. Your continued use of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. The most updated version of these Terms is available at onofood.co/legal. Ono Food Co’s Services are evolving, and hence it may suspend, modify or discontinue, temporarily or permanently, the Services from time to time without notice, and in our sole discretion. You agree that Ono Food Co. will not be liable to you or any third party as a result of such suspension, modification or discontinuation.
If you do not agree with our new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Our Services
Ono Food Co. is a robotic food truck that is called “Ono Blends”, and it provides its customers smoothies and coffee. You can order your smoothie when you’re on-site at our ordering kiosk. At our ordering kiosk you select and enter the details of your order, and some other relevant information such as your name, phone number, email address, and credit card information (such information, “Order Details”). When your smoothie or coffee is ready, we will display your name that you entered on the ordering kiosk, so that you can grab your beverage at the designated pick-up area. Please note that if your beverage will not sit on at the pick-up area for longer than 3-minutes after displaying your name. If you fail to pick-up your order within 3-minutes of displaying your name on our status display, you will have to pick it up from our counter or you will have to have one of our employees re-order your beverage for you.
Registration & Your Information
In order to use the Services via our App, you are required to create an account (Account), and select a password. We may, at our discretion, allow you to connect through your account with certain third-party social networking services such as Facebook (“SNS Account”). If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access. You agree to (1) provide true, accurate, current and complete data about yourself on the Ono Food Co registration form when you create an Account (“Registration Data”) and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, Ono Food Co. will have the right to suspend or terminate your Account and your use of the Services. You will be required to create a password as part of your Account creation process. You are solely responsible for maintaining the confidentiality of your password and Account, and for all use of your password and Account, whether authorized by you or not. You agree to (a) immediately notify Ono Food Co. via email at [email protected] of any unauthorized use of your password or Account or any other breach of security and (b) ensure that you properly exit or log out from your Account each time you use the Services.
Eligibility
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
We do not knowingly collect or solicit personally identifiable information from children under the age of 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as soon as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at [email protected]
Payment
When you place an order with us through our ordering kiosk of via the App, we will provide you the price of the smoothies and other items you have ordered. By clicking the “Place Order” button on the ordering kiosk or App, you are confirming your order and agreeing to pay the price of the items you have ordered. You authorize Ono Food Co or its third party payment processor to charge your credit card or other form of payment for the price of the beverages and other items that you have ordered and confirmed.
We accept the following forms of payment:
Visa
Mastercard
American Express
Discover
Return Policy
If you don’t like your beverage for any reason at all, we will return it free of charge. To do so, please contact [email protected]
Communications & Feedback
Ono Food Co. welcomes feedback, comments, and suggestions for improvements and/or feature requests relating to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected] or via our kiosk on-site. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
As part of the Services, you may receive alerts, notifications, or other types of messages via text message (“Messages”). Please be aware that third party messaging fees may occur for some of the Messages depending on the message plan you have with your wireless carrier. By providing your cellular phone number as part of the registration process, you are agreeing to receive communications from Ono Food Co., and you specifically authorize Ono Food Co. to send text messages to your mobile phone.
Content & Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services including without limitation, the Order Details. Content includes without limitation User Content.
Ownership, Responsibility, & Removal
Ono Food Co does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Ono Food Co., and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through the Services you hereby grant to Ono Food Co. a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating, providing, and improving our Services and providing Content to you. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and (iii) you will comply with these Terms. You can remove your User Content by specifically deleting it or your Account. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Services & Content Granted by Us
Subject to your compliance with these Terms, Ono Food Co. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. In addition, subject to your compliance with these Terms, Ono Food Co. grants you the right to use the Services solely for your personal and non-commercial use. Unless otherwise agreed to in writing by Ono Food Co., you agree that you will not use the Services or duplicate, download, publish, modify or otherwise distribute or use any material included in the Services for any purpose, except to review the information included in the Services, to subscribe to programs included in the Services, and to purchase the services or products offered by Ono Food Co. for your personal use.
General Prohibitions & Ono Food Co’s Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes a third party’s intellectual property rights or rights of privacy or publicity, (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability, or (iii) is fraudulent, false, misleading or deceptive;
Use, display, mirror or frame the Services or any individual element within the Services, Ono Food Co or Ono Blend’s name, any Ono Food Co. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ono Food Co’s express written consent;
Access, tamper with, or use non-public areas of the Services, Ono Food Co’s computer systems, or the technical delivery systems of Ono Food Co’s providers;
Attempt to probe, scan or test the vulnerability of any Ono Food Co. system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ono Food Co. or any of Ono Food Co.’s providers or any other third party (including another user) to protect the Services or Content;
Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
Warranty Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH US OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, ONO FOOD CO. DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ONO FOOD CO. FURTHER DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR MEET YOUR REQUIREMENTS.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, ONO FOOD CO. AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF ONO FOOD CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, ONO FOOD CO. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR FAILURE TO COMPLY WITH THE “REGISTRATION, ACCOUNTS AND PASSWORDS” SECTION OF THESE TERMS OR YOUR USER CONTENT.IN NO EVENT WILL ONO FOOD CO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ONO FOOD CO. FOR USE OF THE SERVICES IN THE THREE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ONO FOOD CO., AS APPLICABLE.
Third Party Websites
The third party websites linked to or from the Services are not controlled by Ono Food Co. and Ono Food Co. is not responsible for the contents of such third party websites. Accordingly, Ono Food Co. makes no warranties or conditions regarding such third party websites and will not be liable for any loss or damage caused by your use of or reliance on such websites. Your use of third party websites is at your own risk. The inclusion on the Services of a link to third party websites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Ono Food Co. for the third party websites or the products or services provided at such websites.
Indemnity
You will indemnify and hold harmless Ono Food Co. and its representatives, agents, affiliates, members, officers, directors, employees and managers (the “Indemnified Parties”), and at Ono Food Co’s option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal and attorney’s fees and costs) incurred in connection with any third party claim, demand, proceeding or action (“Claim”) brought against any of the Indemnified Parties arising out of: (i) your use of the Services, (ii) your User Content, or (iii) any alleged breach by you of any provision of these Terms. If you are obligated to indemnify Ono Food Co., Ono Food Co. may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Ono Food Co.
Termination
In its sole and absolute discretion, with or without notice to you, Ono Food Co. may (1) suspend or terminate your use of the Service, or (2) terminate your Account. You may terminate your Account for any reason by emailing Ono Food Co. at [email protected] Ono Food Co. shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services or your Account.
Dispute Resolution
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Ono Food Co. agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Ono Food Co. with written notice of your desire to do so by email or regular mail at: [email protected]; 915 Venice Blvd. Los Angeles, CA 90015 within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Ono Food Co. with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Ono Food Co. with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Ono Food Co. with an Arbitration Opt-out Notice, you acknowledge and agree that you and Ono Food Co. are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.Further, unless both you and Ono Food Co. otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration and a separate Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location & Procedure
Unless you and Ono Food Co. otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Ono Food Co. submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Ono Food Co. will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Ono Food Co. will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes
Notwithstanding the provisions of the “Modification” section above, if Ono Food Co. changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Ono Food Co’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Ono Food Co. in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General
These Terms constitute the entire and exclusive understanding and agreement between Ono Food Co. and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ono Food Co, and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Ono Food Co’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Ono Food Co. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Ono Food Co. under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Ono Food Co’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ono Food Co. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Us
In order to resolve a complaint regards the Site or Services or to receive further information regarding the use of the Site or Services, please contact us at:
Ono Food Co. 915 Venice Blvd. Los Angeles, CA 90015 United States Phone: (213) 357-0614 [email protected]
© Copyright 2019 Ono Food Co. All Rights Reserved