Terms of Service

Last Updated October 9, 2020

Welcome to dashydash.com, the website and online and/or mobile service of Smart Dash Inc. dba Dashy Dash (“Dashy Dash,” “we,” “us” or “our”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), and acknowledge that you have read and understood our Privacy Notice, whether or not you are a registered Member of our Service. Dashy Dash reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (collectively, the “Members”).

Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Our Service

Our Service provides a place for the restaurant community to join together to share information in order to understand local trends, see best prices on supplies and get best pricing for food and drink ordering. When you join the Dashy Dash Community, we may provide you with information insight and give you access to special offers, pricing, and other opportunities.

  1. Eligibility

This is a contract between you and Dashy Dash. You must read and agree to these terms before using our Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Dashy Dash, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Members previously removed from the Service by Dashy Dash.

  1. Limited License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Dashy Dash reserves all rights not expressly granted herein in the Service and the Dashy Dash Content (as defined below). Dashy Dash may terminate this license at any time for any reason or no reason.

  1. Member Accounts

Your account on the Service (your “Member Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of Member Accounts for different types of Members. If you open a Member Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Dashy Dash with a third-party service such as Google, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

Certain features of our Service may only be available to certain categories of Members. Dashy Dash reserves the right to accept or reject your request to access any such features in Dashy Dash’s sole discretion. In addition, Dashy Dash reserves the right to terminate your membership at any time in Dashy Dash’s sole discretion. Certain categories of membership are subject to your payment of applicable fees and any other conditions of membership that we may make available to you from time to time.

You may never use another User’s Member Account without permission. When creating your Member Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Member Account, and you must keep your Member Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Member Account. You must notify Dashy Dash immediately of any breach of security or unauthorized use of your Member Account. Dashy Dash will not be liable for any losses caused by any unauthorized use of your Member Account.

You may control your Member profile and how you interact with the Service by changing the settings in your account settings page. By providing Dashy Dash your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings.. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

  1. Service Rules

You agree not to engage in any of the following prohibited activities:

  • copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  • using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Dashy Dash servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Dashy Dash grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • transmitting spam, chain letters, or other unsolicited email;
  • attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service;
  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • uploading invalid data, viruses, worms, or other software agents through the Service;
  • otherwise interfering with the proper working of the Service;
  • collecting or harvesting any personally identifiable information, including Members’ account names, from the Service;
  • renting, leasing, lending, selling, licensing, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available the Service for your own commercial purposes;
  • reverse engineering, disassembling, decompiling, decoding, adapting, or otherwise attempting to derive or gain access to any software component of the Service, in whole or in part;
  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • removing any proprietary notices from the Service or the Dashy Dash Content;
  • accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
  • bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
  • using the Service or the Dashy Dash Content in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other right of any person, or that violates any applicable law.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property or proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

  1. Monitoring

Notwithstanding anything to the contrary in this Agreement, Dashy Dash reserves the right to monitor and record how Members use the Service, including without limitation search terms they enter on the Service, for Dashy Dash’s own purposes, including (a) to evaluate Members’ compliance with this Agreement and (b) to support and improve the Service and develop new products and services.

  1. Changes to the Service

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Members generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

  1. Disputes with Other Members

You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. Dashy Dash shall have no liability for your interactions with other Members, or for any User’s action or inaction.

  1. Service Location

The Service is controlled and operated from facilities in the United States. Dashy Dash makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

  1. Proprietary Rights
  1. Supplier Data

Some areas of the Service allow Members to submit, post, display, provide, or otherwise make available (together, “Share”) data about their suppliers, such as supplier pricing and other data relating to the suppliers’ product and service offerings (together, “Supplier Data”). When you Share any Supplier Data on our Service:

  • You represent and warrant that you have obtained and are solely responsible for obtaining any and all Intellectual Property Rights necessary to Share such Supplier Data with Dashy Dash
  • You represent and warrant that you have obtained and are solely responsible for obtaining any and all Intellectual Property Rights necessary to assign such Supplier Data to Dashy Dash;
  • You represent and warrant that to the best of your knowledge, all Supplier Data that you Share with us is truthful, accurate and complete;
  • You shall assign and hereby assign on your behalf, and on behalf of your employees, contractors and other agents, any and all Intellectual Property Rights you have in or to such Supplier Data to Dashy Dash, without any attribution or compensation; and
  • You acknowledge and agree that after you Share any Supplier Data with Dashy Dash, Dashy Dash owns all Intellectual Property Rights in and to such Supplier Data, and will use the Supplier Data for its own purposes in its sole discretion.

Dashy Dash uses the Supplier Data you Share with us for our own business purposes, including without limitation Sharing such Supplier Data with our Members, enabling our Members to compare how much they pay specific suppliers with how much others pay those suppliers, creating graphic representations and other derivative works from Supplier Data, maintaining, supporting and improving our Service, training machine learning algorithms, and developing new product and service offerings.

While such uses of Supplier Data are key features of our business model, we also value our Members’ privacy. Dashy Dash uses commercially reasonable efforts to ensure that any Supplier Data or derivatives thereof that we Share for our own business purposes cannot reasonably be used to identify the Member that Shared such Supplier Data with us.

  1. Member Content

Some areas of the Service allow Members to Share additional content that is not Supplier Data, such as profile information, product and supplier reviews, search query input, comments, questions, and other similar content or information. Any such content that a Member Shares on the Service is referred to in this Agreement as “Member Content”.

By Sharing any Member Content on or through the Service, you expressly grant, and you represent and warrant that you have all Intellectual Property Rights necessary to grant, to Dashy Dash a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Dashy Dash’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the Service a non-exclusive license to access your Member Content through the Service, and to use, reproduce, distribute display and perform such Member Content as permitted through the functionality of the Service and under this Agreement.

In connection with your Member Content, you represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the Member Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  • You have obtained and are solely responsible for obtaining all consents as may be required by law to Share any Member Content relating to third parties.
  • Your Member Content and Dashy Dash’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  • Dashy Dash may exercise the rights to your Member Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  • To the best of your knowledge, all your Member Content and other information that you Share with us is truthful and accurate.

Dashy Dash takes no responsibility and assumes no liability for any Member Content that you or any other Member or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your Member Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Dashy Dash shall not be liable for any damages you allege to incur as a result of or relating to any Member Content.

  1. Dashy Dash Content

Except as explicitly provided herein, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, Supplier Data that has been Shared with us on or through the Service, derivatives of such Supplier Data, and Member Content belonging to other Members (the “Dashy Dash Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Dashy Dash and its licensors (including other Members who post Member Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dashy Dash Content. Use of the Dashy Dash Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

  1. Ideas

You may choose to or we may invite you to Share comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By Sharing any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dashy Dash under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dashy Dash does not waive any rights to use similar or related ideas previously known to Dashy Dash, or developed by its employees, or obtained from sources other than you.

  1. Paid Services
  1. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the applicable pricing and payment terms we make available to you, as we may update them from time to time. Dashy Dash may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.
  2. No Refunds. You may cancel your Member Account at any time; however, there are no refunds for cancellation. In the event that Dashy Dash suspends or terminates your Member Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your Member Account, or for anything else.
  3. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by Members of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  4. California Residents. The provider of services is: [Smart Dash Inc. dba Dashy Dash], 651 N Broad St Suite 206  Middletown, Delaware 19709 . If you are a California resident, in accordance with Cal. Civ. Code §1789.3, 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 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
  1. No Professional Advice

If the Service provides professional information (for example, financial, medical, or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

  1. Text Messaging

You may sign up to receive certain Dashy Dash notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.]

  1. Privacy

Your privacy is important to us. For more information about our privacy practices, please refer to our Privacy Notice.

  1. Security

Dashy Dash cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. DMCA Notice

Since we respect artist and content owner rights, it is Dashy Dash’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Dashy Dash’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and where it is located on the Service;

4. Information reasonably sufficient to permit Dashy Dash to contact you, such as your address, telephone number, and, e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice

Smart Dash Inc. dba Dashy Dash

Address:  651 N Broad St Suite 206 Middletown, Delaware 19709

Email: hi@dashydash.com

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying Dashy Dash and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Dashy Dash’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Dashy Dash has adopted a policy of terminating, in appropriate circumstances, Members who are deemed to be repeat infringers. Dashy Dash may also at its sole discretion limit access to the Service and/or terminate the Member Accounts of any Members who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

  1. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by Dashy Dash. Dashy Dash does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your Member Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Dashy Dash’s Privacy Policy do not apply to your use of such sites. You expressly relieve Dashy Dash from any and all liability arising from your use of any third-party website, service, or content, including without limitation Member Content submitted by other Members. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Dashy Dash shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

  1. Indemnity

You agree to defend, indemnify and hold harmless Dashy Dash and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of confidentiality, privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) Member Content or any content that is Shared via your Member Account including without limitation misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

  1. No Warranty

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Dashy Dash or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Dashy Dash, its subsidiaries, its affiliates, and its licensors do not warrant that the Dashy Dash Content, including without limitation the Supplier Data and derivatives thereof, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Further, Dashy Dash does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Dashy Dash will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.

  1. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Dashy Dash, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Dashy Dash be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Dashy Dash assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) Member Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Dashy Dash, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Dashy Dash hereunder or $100.00, whichever is greater.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Dashy Dash has been advised of the possibility of such damage.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

  1. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
  1. Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the City and County of San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Intellectual Property Rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that the City and County of San Francisco, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
  2. Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Dashy Dash. For any dispute with Dashy Dash, you agree to first contact us at hi@dashydash.com and attempt to resolve the dispute with us informally. In the unlikely event that Dashy Dash has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in the City and County of San Francisco, California, unless you and Dashy Dash agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Dashy Dash from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
  3. Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Dashy Dash are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  1. General
  1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dashy Dash without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
  2. Notification Procedures and Changes to the Agreement. Dashy Dash may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Dashy Dash in our sole discretion. Dashy Dash reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement. Dashy Dash is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Dashy Dash may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
  3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Dashy Dash in connection with the Service, shall constitute the entire agreement between you and Dashy Dash concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
  4. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Dashy Dash’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact.
Please contact us at hi@dashydash.com with any questions regarding this Agreement.