Terms of service

Terms of Service

Date of Last Revision: April 27, 2022



Mama Technologies, Inc. ("Mama," "we," "us," or "our") provides its services (described below) to you through its websites, mobile applications, and online hosted portals (including, without limitation, the website located at https://www.mamafoods.com) (together with all features and applications, collectively, the "Site," and such services, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). These Terms of Service form a legally binding agreement between you and Mama governing your use of the Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate on this page the date these Terms of Service were last revised. We will endeavor to notify you of material changes to the Terms of Service, either through the Site, in an email notification or through other reasonable means. Any such changes will become effective immediately upon your acceptance of the modified Terms of Service. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Unless material changes are made to the arbitration provisions herein, you agree that modification of these Terms of Service does not create a renewed opportunity to opt out of arbitration (if applicable). If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.



PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT (1) YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, (2) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MAMA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (3) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (4) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SITE OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF SERVICE AND THAT YOU ACCEPT ALL OF ITS TERMS.



In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.mamafoods.com/policies/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.



Access and Use of the Service



Services Description: The Service is a technology platform that provides an online marketplace which enables connections between personal chefs, caterers, restaurants and other food providers who wish to list, offer, prepare, sell and deliver food and  beverage items and meal orders ("Meal(s)") to the general public, and customers who wish to browse and purchase Meals for delivery and/or pickup. Users who purchase Meals through the Service are "Customer(s)," and users who list, offer, prepare and sell Meals through the Service are "Seller(s)." A user may be both a Customer and a Seller. All purchases are made directly (and any contract for purchase and sale is) between the Customer and the Seller.



Mama offers a marketplace for the purchase and sale of Meals, but it is not itself a Seller and is not preparing, packaging or selling any food. The Service enables users to connect with each other for the purchase and sale of Meals, but we are not a party to any purchase or sales transaction. To encourage return use of the Service, Mama may also help facilitate the resolution of disputes between Customers and Sellers, but Mama has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Meals offered or sold on the Service; (b) the truth or accuracy of a Seller's content or listings on the Service; (c) the ability of a Seller to sell Meals through the Service and deliver Meals within required delivery windows; (d) the ability of Customers to pay for Meals purchased through the Service; or (e) that a Customer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return a Meal through the Service.



Sellers are independent business owners and independent contractors and are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Mama. Mama does not cook, prepare, package or deliver food and does not employ people to cook, prepare, package or deliver food.



Each Seller is solely responsible for complying with all applicable laws, rules and regulations and standards, including but not limited to those pertaining to the preparation, sale, marketing, and packaging of all Meals ordered through Mama, and updating details and prices relating to the Meals offered. Each Seller is solely liable for the quality, safety, and freshness of its Meals, and Mama cannot and does not guarantee the quality, safety or freshness of any Meals, or that Sellers or Meals are in compliance with applicable laws. To the maximum extent permitted under applicable law, Mama will not be liable or responsible for any Meals provided by Sellers that are a cause of injury or that do not meet any Customer’s expectations in any manner.



Mama may enter into agreements with independent contractors (each a "Courier") to provide delivery services under certain circumstances if desirable by individual Sellers or Customers. If a Seller or Customer chooses to use a Courier to deliver a Meal, Mama is not offering such delivery services and has no responsibility or liability for the actions or inactions of any Courier. To the maximum extent permitted under applicable law, Mama will not be liable or responsible for any delivery services provided by a Courier or any errors or misrepresentations made by them. Couriers are required to comply with all applicable laws, rules and regulations.



Age Requirements: No one under the age of 18 may access or use the Site or Services unless supervised by a parent or legal guardian who is bound by these Terms of Service.  By accessing or using, or attempting to access or use, the Site or Services, you represent that you are at least 18 years of age and that you are able to enter into legally binding contracts, including, without limitation, these Terms of Service (or, if you are under 18 years of age, that your parent or legal guardian has reviewed and agrees to be bound by these Terms of Service on your behalf).

Account Registration: You may be required to register an Account with Mama in order to access and use certain features of the Service. If you choose to register an account with the Service, you agree to provide and maintain true, accurate, current and complete information about yourself, including, but not limited to, your payment and delivery address information, as prompted by the Service's registration form. Your failure to maintain true, accurate, current and complete account information may result in your inability to properly access and use the Site and Services and/or suspension or termination of your account. Our use of registration data and certain other information about you is governed by our Privacy Policy. Additionally, Mama reserves the right, in its sole discretion, to refuse access to, or use of the Service to, anyone who we believe is in breach of these Terms of Service or for reasons related to the safety of the Mama community, including Mama users, employees or prospective users. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.



Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You acknowledge and agree that we are authorized to act on instructions received through use of your password or account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or account without prior notice if we believe your password or account is being used by someone other than you, or for any other reason. You may not share or transfer any part of your account to anyone else. You agree to (a) immediately notify Mama of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Mama will not be liable for any loss or damage arising from your failure to comply with this section.



Modifications to Service: Mama reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. To the maximum extent permitted under applicable law, Mama shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.



General Practices Regarding Use and Storage: You acknowledge that Mama may establish general practices and limits, including, but not limited to, security measures, concerning use of the Service. Mama takes such commercially reasonable measures as it deems appropriate to secure and protect information stored in or transmitted to and from the Service. Nevertheless, we cannot and do not guarantee that any such storage or transmissions are or will be totally secure, and you agree that Mama has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Mama reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Mama reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.



Mobile Services: The Service may include certain services that are available via a mobile device, including (i) the ability to upload content (including Meal options or Seller or Customer information) to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and Services (including the Mobile Services) and any updates thereto. We do not guarantee that the Site or Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and cellular and electronic communications.


Communications and Text Messaging: 



By registering an account with Mama, providing your contact information, or otherwise accessing and using the Site and Services, you are consenting to be contacted by Mama by telephone, text message (which may be automated), email, telephone or any other means based on contact information you have provided, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. In the event you no longer want to receive communications from Mama or its business partners, you agree to notify Mama or its business partner directly. You may opt-out of certain communications or contact methods by using the features available through your account or communications we send to you, or by emailing info@mamafoods.com.

In addition, by using the Mobile Services, you agree that we have your explicit consent to communicate with you regarding your use of the Site Services, including for account management, customer support, and promotional purposes, by SMS, MMS, or other text message to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. You can cancel the SMS, MMS, or text messaging service at any time by replying "STOP" to the last text message you received, or by using the features and settings available in your account. After you send the text message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS, MMS, or text messages from us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Mama account information to ensure that you are able to continue receiving SMS, MMS, or text messages from us and that your messages are not sent to the person that acquires your old number. 

You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider. Message and data rates may apply for any text messages sent to you from us and to us from you. Message frequency depends on your use of the Services.  If you have any questions about your text plan or data plan, please contact your wireless provider.  For all other questions about the SMS, MMS, or text messaging service, you can send an email to info@mamafoods.com.

Conditions of Use



User Conduct: In accessing and using the Site and Services, you agree that you will comply with all applicable federal, state, and local laws, including, without limitation, privacy laws, copyright and other intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. In addition, you agree that you will NOT:

  • Circumvent, disable, or otherwise interfere with any security-related features of the Site or Services, including, without limitation, any features that enforce limitations on the use of the Site or Services;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Site or Services;
  • Copy, modify, adapt, translate, or create derivative works based on the Site or Services;
  • Reproduce, redistribute, duplicate, sell, resell, lease, sublicense, time-share, or exploit for any commercial purpose any portion of the Site or Services, except as expressly authorized by us in writing; 
  • Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the Site or Services;
  • Access, use, or copy any portion of the Site or Services through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms; 
  • Use the Site or Services to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any “spam” or any other content or material in violation of applicable law;
  • Collect or harvest any personal information from the Site or Services, including, but not limited to, passwords, pin numbers, phone numbers, or email addresses;
  • Attempt to interfere with the proper working of the Site or Services or otherwise impairing, overburdening, or disabling the same;
  • Advertise or offer to sell or buy any goods or services other than Meals intended to be prepared, sold and purchased through the Site and Service, or use the Site or Service to request, make or accept a Meal independent of the Site or Service, to circumvent any fees that would otherwise apply to such transaction;
  • Register an account on the Site using false information, impersonate another person or user, or use, or attempt to use, another’s account; or
  • Otherwise engage in any conduct that restricts or inhibits any other user from using or enjoying the Site or Services.

In addition, if you are a Seller, you agree to fully comply with all laws, rules, regulations and other legal requirements pertaining to the listing, offering, preparation, sale and delivery of Meals to Customers, including, without limitation, all applicable food health and safety laws and regulations, any related facilities, licensing, and other certification requirements, and any other obligations and requirements as set forth in any separate agreement that you enter into with us.  




 

 

 

 

 

Ingredients and Allergens: For any particular Meal and related content posted using the Service, a Seller may be required to provide a comprehensive list of ingredients contained in or otherwise used to prepare the Meal, including any known allergens. Mama is not responsible for the accuracy of the information and labeling of Meals delivered to Customers. Customers should be advised that Meals may be prepared in facilities using the same equipment that is used to prepare Meals containing other allergens even if the allergen is marked as being absent from the food. Mama shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Meals and related items purchased through the Service.

 

 

Customer Review Guidelines: To the extent you are a Customer, Mama may allow you to submit reviews regarding your purchase of Meals. Mama may accept, reject or remove reviews and any associated content in its sole discretion. Mama has the right, but not the obligation, to screen, censor or delete reviews or associated content, in its sole discretion. Those Customers posting reviews must comply with the following criteria: (1) reviewers should have firsthand experience with the Seller and/or Meal being reviewed; (2) reviews must be relevant to the Seller and/or Meal being reviewed and should accurately and truthfully reflect the reviewer’s experience; (3) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (4) reviewers should not be affiliated with competitors if posting negative reviews; (5) reviewers should not make any conclusions as to the legality of conduct; and (6) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Mama, and do not represent the views of Mama or of any affiliate or partner of Mama. Mama does not assume liability for any review or for any claims, liabilities or losses resulting from any review. Any review you post will be considered User Content (as defined below).

 

Marketplace Risk: Mama does not endorse, and is not affiliated with or endorsed by, any Seller, restaurant or other meal preparation service made available through the Service. Beyond its capacity as a marketplace and technology platform, Mama is not a party to or involved in any transaction between Customers and Sellers, and does not act as a Customer, Seller (or affiliate of a Customer or Seller) or broker with respect to any transactions. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses) and, to the maximum extent permitted under applicable law, all of these risks are borne by you, and not Mama. We encourage you to use the various functionalities of the Service (e.g., Seller profiles, meal options, and user reviews) to help evaluate the user with whom you are dealing.

 

 

Mama does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, Mama cannot and does not guarantee or endorse the legality, authenticity, quality, or safety of any Meals offered or sold, the truth or accuracy of any listings, or the ability of Sellers to sell Meals or of Customers to buy Meals. We cannot guarantee that all transactions will be completed. Additionally, Mama cannot and does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Mama reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and for otherwise protecting Mama and its users from illegal or wrongful activities or other violations of these Terms of Service.

 

Special Notice for International Use; Export Controls: Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

 

 

Purchase and Sale Transactions

  

Customers are responsible for paying to a Seller the applicable purchase price for a purchased Meal, as well as any delivery costs, gratuity, and applicable sales taxes, through the Service. Delivery costs and taxes attributable to the sale of any Meals are not included in the listed price for any Meals listed by Sellers through the Service but will be displayed to Customers before confirmation of any purchase. By purchasing a Meal or otherwise placing a transaction through the Service, you expressly authorize Mama, or a third-party payment processor on our behalf, to charge the method of payment that you have provided to us and to collect the full amount of the fees for such Meal or transaction, including any delivery costs and taxes. You acknowledge and agree that we may use a third-party payment processor to charge you for Meals purchased through the Service. By submitting your payment card information, you grant us the right to process and store your information with a third-party payment processor. You will promptly update your payment information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms of Service.  You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect your information. 

Charges for completed orders are final, and Mama has no obligation to provide refunds or credits. Nonetheless, we may grant a refund or credit depending on the circumstances (for example, if items from your order are missing or are incorrect), at all times in our sole discretion.

 

 

 

Subscriptions: The Service may enable you to purchase Meals on a recurring or subscription basis. If you purchase Meals on a recurring or subscription basis, you hereby authorize Mama to bill your payment instrument in advance on a periodic basis in accordance with the terms of any particular subscription order until you terminate or pause such order or terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Mama know within fourteen (14) days after the date that Mama charges you.

Meal subscriptions will be set up to automatically renew following expiration of the then-current subscription period, unless you opt out of automatic renewal using the features and settings available in your account or affirmatively cancel your subscription. We will attempt to send you a reminder via email or SMS message that your Meal subscription is set to renew prior to expiration of the then-current subscription period, unless you have opted out of automatic renewal or cancelled your subscription. Your payment method will automatically be charged upon renewal for the total subscription fee amount (including any delivery costs and taxes) applicable to the renewed subscription. To avoid future charges, you must opt out of automatic renewal before the end of your current subscription period. We may change the pricing for or discontinue Meal subscriptions, temporarily or permanently, at any time and for any reason, with or without notice to you.

 

Price Modifications: Prices for Meals available through the Services are set by Sellers, and the Mama prices may differ from the prices for the same food and beverage items available through other websites or from the Sellers directly. In limited instances, the subtotals displayed on the Seller’s listing page through the Service for food and beverage items may be estimates from the Seller and the final price may be lower or higher. In any such instance, we reserve the right to charge you for the final price as displayed at checkout. Prices for food and beverage items available through the Services are subject to change without notice, and we reserve the right to discontinue or modify any offered food and beverage items at any time without prior notice. 

 

Promotions; Credits: Mama may, on its own or jointly with Sellers, from time to time offer Customers certain promotions, incentives or credits ("Promotions") towards the purchase of Meals and/or fees associated with use of the Services, and Customers may use such Promotions in accordance with their terms. Any such Promotions are made at the sole discretion of Mama and are subject to these Terms of Service and any additional terms specified in such Promotion at all times. Depending on the type of Promotion used, it may reduce the amount of taxes that apply to a Customer's order. The application of the Promotion will be reflected at the time of checkout and on the receipt of purchase. Promotions are personal to the Customer that they are sent to and may not be shared or redeemed with anyone else unless it is explicitly permitted by the terms of that Promotion. Additional terms and restrictions may apply. Mama reserves the right to suspend, terminate, cancel, or discontinue, temporarily or permanently, any Promotion at any time and for any reason in its sole discretion, with or without notice to you. 

 

 

End User Terms Required by Apple

 

Mama may offer access to and use of the Site and Services via a mobile application that may be made available through the Apple App Store. With respect to any such mobile application that is made available for your use through the Apple App Store, in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

 

  • Mama and you acknowledge that these Terms of Service are concluded between Mama and you only, and not with Apple Inc. ("Apple"), and that as between Mama and Apple, Mama, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service. • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Mama's sole responsibility, to the extent it not be disclaimed under applicable law. • Mama and you acknowledge that Mama, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. • In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Mama and Apple, Mama, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to legal@mamafoods.com.

 

Mama and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

 

Intellectual Property Rights

 

Service Content, Software and Trademarks: You acknowledge and agree that the Site and Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Mama, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. The technology and software underlying the Site and Service or distributed in connection therewith are the property of Mama and our licensors (the "Software"). Any rights not expressly granted herein are reserved by Mama.

 

The Mama name and logos are trademarks and service marks of Mama (collectively the "Mama Trademarks"). Other Mama, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Mama. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Mama Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Mama Trademarks will inure to our exclusive benefit.

 

Third Party Material: Under no circumstances will Mama be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Mama has the right, but not the obligation, to pre-screen content, and that Mama and its designees may in their sole discretion refuse or remove any content that is uploaded to or made available via the Service. Without limiting the foregoing, Mama and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Mama, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

 

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all rights necessary to upload and share, such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant Mama and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, publish, store, modify, create derivative works of, and otherwise use and exploit your User Content in connection with the operation of the Site or Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law under any legal theory. 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Mama are non-confidential and non-proprietary, and Mama will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You acknowledge and agree that Mama may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Mama, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


User Content Acceptable Use Policy: You are solely responsible for all of your User Content and for ensuring that they comply with these Terms of Service and any applicable laws. By submitting or uploading your User Content, you accept sole liability and responsibility for any of your User Content that do not comply with these Terms of Service and/or any applicable laws. Your User Content violates these Terms of Service and is prohibited from the Site and Services if it:

  • is harassing, threatening, abusive, libelous, defamatory, untruthful, misleading, or invasive of privacy or publicity rights;
  • contains hateful, violate, or racist terms or images or symbols, or glamorizes the actions of individuals or groups advocating violence, ethnic cleansing, genocide, or similar activities;
  • includes or reveals the personal information of another person;
  • contains a formula, instruction, or advice that could cause harm or injury; 
  • does not relate to Mama or the applicable Meal(s) and/or your experience as a user of Mama;
  • is vulgar, obscene, profane, pornographic, or otherwise objectionable or in bad taste, as determined by us in our sole discretion; or
  • constitutes or encourages conduct that would constitute fraud, a criminal offense, or infringement or violation of another person’s intellectual property or proprietary rights, gives rise to civil liability, or otherwise violates any applicable law or regulation.

In addition, we have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, remove, or disable access to any User Content, including without limitation any User Content that constitutes, or is likely to constitute, an infringement, misappropriation, or other violation of any copyright, trademark, right of publicity, or any other intellectual property or proprietary rights of any third party. We assume no liability for any User Content that appears or is removed from the Site or Services or elsewhere. We have no obligation to use any User Content and may not use it at all. We do not endorse and are not responsible for any User Content, and will not be liable for any loss or damage caused by any user’s reliance on such User Content. Without limiting the foregoing, Mama specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including, without limitation, any objectionable User Content.

 

Copyright Complaints: Mama respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Mama of your infringement claim in accordance with the procedure set forth below.

 

Mama will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Mama's Copyright Agent at info@mamafoods.com (Subject line: "DMCA Takedown Request"). You may also contact us by mail at:

 

20000 East Country Club Drive, Apt 1112,  Aventura, FL 33180

 

To be effective, the notification must be in writing and contain the following information:

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 
  • a description of the copyrighted work or other intellectual property that you claim has been infringed; 
  • a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site; 
  • your address, telephone number, and email address; • 
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: 

  • your physical or electronic signature; 
  • identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; 
  • a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and 
  • your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Miami-Dade County, Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement. 

If a counter-notice is received by the Copyright Agent, Mama will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

 

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Mama has adopted a policy of terminating, in appropriate circumstances and at Mama's sole discretion, users who are deemed to be repeat infringers. Mama may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Third Party Websites

 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Mama has no control over such sites and resources and Mama is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Mama will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Mama is not liable for any loss or claim that you may have against any such third party.

 

Social Networking; Other Third Parties: From time to time, we may allow you to register for the Service using third party services and otherwise enable various third party services (e.g., delivery if permitted) to be directly integrated into your Mama experience. By directly integrating these services into the Service, we make your online experiences richer, easier and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Mama's use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Mama shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

 

In addition, Mama is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Mama is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Mama enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

 

Indemnity and Release

 

You agree to release, indemnify and hold harmless Mama, its affiliates, and its and their respective officers, employees, directors, owners, members, and agents (collectively, "Indemnitees") from and against any and all claims, actions, suits, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to (i) your use of the Site, Service, and any User Content, (ii) your violation of these Terms of Service or your violation of any rights of another (including, without limitation, violation of any privacy or intellectual property or other proprietary rights), (iii) your violation of any applicable law or regulation, (iv) any User Content that you upload to or transmit using the Site and Services; or (v) any relationship, transaction, interaction, or dispute that you have with any other Mama user. WITHOUT LIMITING ANY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU HEREBY RELEASE THE INDEMNITEES FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY MEALS, AND ANY ACTION OR INACTION BY A SELLER OR COURIER, INCLUDING, WITHOUT LIMITATION, ANY HARM CAUSED TO YOU BY ANY ACTION OR INACTION OF A SELLER OR COURIER (INCLUDING ANY PERSONAL INJURY, SICKNESS, DEATH, OR PROPERTY DAMAGE).

 

Disclaimer of Warranties

 

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MAMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

MAMA MAKES NO WARRANTY THAT (I) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAMA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND WHETHER RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MAMA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MAMA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICE.

 

Dispute Resolution By Binding Arbitration 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

Agreement to Arbitrate

 

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Mama, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Site or Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify, and each party may 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, or where a party’s conduct may cause the other irreparable injury. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies, if the law allows, seek relief against us on your behalf. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND MAMA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND MAMA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND MAMA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

 

Pre-Arbitration Dispute Resolution

 

Mama is always interested in resolving disputes amicably and efficiently, and most user concerns be resolved quickly and to the user’s satisfaction by emailing customer support at info@mamafoods.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Mama should be sent to 20000 E Country Club Drive, Apt 1112, Aventura, FL 33180. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Mama and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Mama may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Mama or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Mama is entitled.

 

Arbitration Procedures

 

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator awards the same damages and relief on an individual basis that a court may award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

 

Unless Mama and you agree otherwise, any arbitration hearings will take place in Miami-Dade County, Florida. If your claim is for $10,000 or less, Mama agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in Miami-Dade County, Florida, as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

 

 

Confidentiality 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

Severability

 

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (2) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (2) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

 

Future Changes to Arbitration Agreement

 

Notwithstanding any provision in these Terms of Service to the contrary, Mama agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Mama written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

 

Termination

 

You agree that Mama may suspend or terminate your account (or any part thereof) or your access to or use of the Site and Service and remove and discard any of your information or User Content within the Site and Service, for breach of these Terms of Service, for lack of use, at the request of law enforcement, or if Mama believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Mama may also in its sole discretion and at any time discontinue providing the Site and Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site or Service under any provision of these Terms of Service may be effected without prior notice, and you acknowledge and agree that Mama may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site or Service. Further, you agree that Mama will not be liable to you or any third party for any termination of your access to the Site or Service.

Any suspension or termination shall not affect your obligations to us under these Terms of Service. The provisions of these Terms Service which by their nature should survive the suspension or termination of your access to or use of the Site, Services, and/or your account, shall survive, including, but not limited to, the “Intellectual Property Rights,” “Indemnity and Release,” “Disclaimer of Warranties,” “Limitation of Liability,” “Dispute Resolution By Binding Arbitration,” and “General” sections of these Terms of Service.

 

User Disputes

 

You agree that you are solely responsible for your interactions with any other user in connection with the Site and Service, and Mama will have no liability or responsibility with respect thereto. Mama reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

 

General

 

These Terms of Service constitute the entire agreement between you and Mama and govern your use of the Service, superseding any prior agreements between you and Mama with respect to the Service. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Mama agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Miami-Dade County, Florida. The failure of Mama to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of these Terms of Service will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. Our electronically or otherwise properly stored copy of these Terms of Service will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms of Service in connection with any action or proceeding arising out of or relating to these Terms of Service. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Mama, but Mama may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via email, regular mail, or posting of notice on the Site or Services or to your account (if any). 

 

 

Questions? Concerns? Suggestions?

 

Please contact us at info@mamafoods.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Site or Service.