This user agreement sets forth the terms and conditions on which THESTREETSTOP, LLC offers you access to its proprietary StreetStop iOS Application.
These terms and conditions of use constitute a validly formed, legally binding agreement (the “Agreement”) between you (referred to herein as “you,” or “your”) and THESTREETSTOP, LLC, a Georgia limited liability company (referred to herein as “Company,” “we,” “us” or “our”). This Agreement governs your use of the StreetStop Application, website, and technology platform (collectively, the “StreetStop App”).
BY CREATING YOUR USER ACCOUNT AND USING THE STREETSTOP APP, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND ACCEPT ALL OF ITS TERMS WITHOUT CONDITIONS. IF YOU REFUSE TO BE LEGALLY BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE STREETSTOP APP OR THE SERVICES AND ANY FURTHER USE BY YOU IS ACTIONABLE AT LAW.
The StreetStop App and Services
The StreetStop App is an iOS application which permits food truck owners (“Food Trucks”) to broadcast their food truck’s location, availability and menus to individual users of the StreetStop App (“Customers”), and Customers can locate food trucks on a map and place food orders for the Food Trucks if such service is made available by the Food Truck. Collectively, the features and functionality of the StreetStop App is referred to herein as the “Services.” Food Trucks and Customers are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the StreetStop App depending on whether he or she is a Food Truck or a Customer.
Company does not provide food preparation services, and is not a food truck owner or operator. It is up to each Food Truck to decide whether or not to broadcast its location, and to accept and fulfill food orders from a Customer contacted through the StreetStop App. It is up to the Customer to decide whether or not to place food orders to any Food Truck broadcasting through the StreetStop App. The Customer, on the one hand, and the Food Truck, on the other hand, are forming their own independent relationship with the assistance of the StreetStop App, for which each of them are solely responsible for the consequences thereof.
The StreetStop App is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years of age and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Each account shall have one authorized user, you. You shall maintain the secrecy and confidentiality of your account password (whether provided by you or Company). You are solely and fully responsible for all actions that occur using your User account, and COMPANY DISCLAIMS ANY LIABILITY ARISING FROM THE UNAUTHORIZED USE OF YOUR USER ACCOUNT. Should you suspect that any unauthorized person is using your User account or you suspect any other breach of your account’s security, you shall notify us immediately.
Customers can be any person over 18 years of age.
Food Trucks can accept this Agreement only after applying to the Company, submitted any requested documents and materials to substantiate their application, and completing any other steps requested by Company. Each Food Truck’s ability to use the StreetStop App on a continuing basis is conditioned upon their full and strict compliance with the terms of this Agreement and ongoing truth and accuracy of the Food Truck’s representations and warranties contained herein. If standards are not met or maintained, then the Food Truck’s continuing use of the StreetStop App may be terminated with or without notice.
As a Customer, you agree that any amounts charged as a result of a food order, including tips chosen by you (a “Charge”) are mandatory and due and payable immediately when you pick up your order from the Food Truck. Charges include the price of goods sold by the Food Truck and a processing fee charged by Company. The prices of food items are established by the Food Trucks and we have no control over them. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. You may elect to tip a Food Truck in cash or through the StreetStop App. Any tips will be provided entirely to the applicable Food Truck.
Upon placement of a food order, Company will seek authorization of your selected payment method to verify your payment method, ensure the cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
You may not cancel a Food Order once it has been placed by a Customer and accepted by a Food Truck.
All Charges are facilitated through a third-party payment processing service. Currently, StreetStop uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. Company may replace its third-party payment processing services without notice to you. Charges shall only be made through the StreetStop App. Cash payments (other than tips) are strictly prohibited. Charges are assessed immediately following completion of the food order to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the StreetStop App, any disruption to the StreetStop App or Services, or any other reason whatsoever.
Charges/Payments (Food Trucks)
All Charges are facilitated through a third-party payment processing service. Currently, StreetStop uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. Company may replace its third-party payment processing services without notice to you. Charges shall only be made through the StreetStop App.
In order for you to use Braintree's payment processing services, Food Trucks must read and agree to the Commercial Entity User Agreement (CEA) available at https://www.braintreepayments.com/legal/cea-wells and the Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement. By accepting this Agreement, Food Truck agrees: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. If you have questions regarding the CEA or the PSA, please contact Braintree at 877.434.2894.
As a Food Truck, you will receive applicable Charges (net of Company’s Processing Fee, as discussed below) to you for the Services you provide. Company will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
In exchange for permitting you to offer your goods through the StreetStop App as a Food Truck, you agree to pay Company (and permit Company to retain) a fee based on each transaction in which you provide Services (the “Processing Fee”) The amount of the Processing Fee will be established from time to time by Company and is “per transaction” and not a percentage of Charges. Company reserves the right to change the Processing Fee at any time in Company’s sole discretion, and Company will provide you with notice in the event of such change. Continued use of the StreetStop App after any such change in the Processing Fee shall constitute your consent to such change. In addition to the Processing Fees, Food Trucks are responsible for paying a monthly subscription fee for accessing the StreetStop App, which fee will be established by Company and subject to modification upon not less than 30 days’ prior notice.
Company, at its sole discretion, may make available promotions with different features to any Food Trucks or prospective Food Trucks. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Company.
Your “Information” is any information you provide to or through the StreetStop App (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Company-related Facebook, Twitter or other social media posting) (your “Information”). For Customers, Information may consist of your name, e-mail address, telephone number, and other profile information you provide to complete your User account.
For Food Trucks, Information may consist of your business name, trademarks/logos, menu items, ingredients, menu prices, employee/owner information, and other profile information you provide to complete your User account.
You warrant and represent to us that you are the sole author of your Information and your Information does not infringe or misappropriate the intellectual property rights of any other person or entity. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. You shall remain the sole owner of your Information and any intellectual property rights or other proprietary rights associated with your Information.
Communications with You
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, telephone calls, and push notifications to the cellular telephone number you provided to us. If you wish to opt-out of promotional emails, text messages, or other communications, you may opt-out by following the unsubscribe options provided to you.
You may create or login to your User account through online accounts you may have with third party social networking sites, currently only Facebook and Google+ (each such account, an “SNS Account”) by either providing your SNS Account login information through the StreetStop App or allowing Company to access your SNS Account. By granting Company the right to access to any SNS Accounts, you understand that Company may access certain of your personal information – currently, Company only accesses and uses your first and last name, e-mail address and cell phone number.
Network Access/Device Compatibility
You are solely responsible for having access to telecommunications and data networks which are necessary to use the StreetStop App and the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and StreetStop App and any updates thereto. We do not guarantee that the StreetStop App, or any portion thereof, will function on any particular hardware or devices. In addition, the StreetStop App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications generally.
As a condition to continued access and use of the Services and StreetStop App, you agree that you will not in connection with your use of the Services or the StreetStop App:
· Lie or misrepresent your identity, or otherwise use false or misleading Information;
· Violate any law, statute, ordinance or regulation applicable to you;
- Attempt to interfere with or disrupt the Services or the StreetStop App or the servers or networks connected to the StreetStop App;
- Engage in conduct which is offensive, overtly sexual, obscene, slanderous, defamatory, libelous, abusive, threatening, harassing, or illegal;
- Infringe upon the rights of any third party including, without limitation, intellectual property rights, patent, copyright, trademark, trade secret or other proprietary rights;
- Transmit malicious code, bots, files or programs designed to access, interrupt, delay, damage, re-write, destroy or inhibit our servers or telecommunications systems;
- Remove any copyright, trademark or other proprietary notices from any portion of the Services or the StreetStop App;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, re-sell, transfer, publicly display, transmit, stream, broadcast or otherwise exploit the Services or the StreetStop App;
- Decompile, reverse engineer or disassemble the Services or the StreetStop App
- Link to, mirror or frame any portion of the Services;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or the StreetStop App or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or the StreetStop App;
- Link directly or indirectly to any other web sites;
- Transfer or sell your User account, password and/or identification to any other party; or
- Cause any third party to engage in the restricted activities above.
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
Food Truck Representations and Warranties
By providing Services as a Food Truck on the StreetStop App, you represent, covenant and warrant that:
- You possess all necessary licenses, permits, approvals and authority to own and operate a mobile food service vehicle in the jurisdiction valid driver’s license in all jurisdictions in which you provide Services.
- You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the federal, state and local safety and health laws and ordinances and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
- You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to, food poisoning, personal injuries, death and property damages.
- You will comply with all applicable laws, rules, ordinances and regulations while providing Services, and you will be solely responsible for any violations of such requirements.
- You will be solely responsible for and pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
- You will not attempt to defraud Company or the Customers in connection with your provision of Services.
- You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.
- You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
- You will not make any misrepresentation regarding Company, the StreetStop App, the Services or your status as a Food Truck or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
- You will notify us immediately if any of the foregoing become untrue or inaccurate in the future.
If we reasonably suspect that you have engaged in any fraudulent activity in connection with the Services, we may withhold applicable Charges or other payments.
Trademark License/Proprietary Rights
All intellectual property rights in the StreetStop App are the sole and exclusive property of Company. The term “StreetStop” (both as plaintext or in stylized form), the S pin (an inverted-drop-shaped icon that marks locations with a stylized “S”) accompanied by red lines, and other Company logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the United States and/or other countries (collectively, the “Company Marks”).
You agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Company.
If you provide Services as a Food Truck, Company grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a revocable, non-exclusive, limited license to display and use the Company Marks solely in connection with providing the Services through the StreetStop App (“License”). The License is non-transferable and non-assignable. Your use of the Company Marks in every and any medium must be approved in advance and in writing by us, which we may withhold in its sole discretion, otherwise, the foregoing License is void.
Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Company’s Copyright Agent at Jeffrey T. Leonard, Esq., Cohen Pollock Merlin & Small, P.C., 3350 Riverwood Parkway, Suite 1600, Atlanta, Georgia 30339.
THE STREETSTOP APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF FOOD TRUCKS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE STREETSTOP APP AND THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF THE FOOD THAT MAY BE PURCHASED BY AND THROUGH THE SERVICES. WE CANNOT ENSURE THAT A FOOD TRUCK OR CUSTOMER WILL COMPLETE AN ARRANGED FOOD PURCHASE TRANSACTION.
Location data provided by the StreetStop App is for location purposes only and is not intended to be relied upon in situations where precise location information is needed. Neither Company, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the StreetStop App. You acknowledge and agree that portions of your Information, including geographic location or other Information you upload or provide through the StreetStop App, shall be accessible to Company and its Users.
Company and its Users have no relationship other than that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Food Trucks are owned and operated by persons who are completely independent of Company and have no relationship other than that created by this Agreement.
Limitation of Liability
IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AGENTS, MEMBERS, OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOST DATA, CORRUPTED DATA, LOST BUSINESS, FAILURE TO SECURELY STORE INFORMATION, SERVICE INTERRUPTIONS, OR FOR THE COST OF OBTAINING REPLACEMENT OR SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE STREETSTOP APP, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING OUR GROSS NEGLIGENCE, EVEN IF COMPANY OR ITS AGENTS AND REPRESENTATIVES KNOW OR HAD REASON TO KNOW, OR WERE EXPLICITLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS) ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE STREETSTOP APP OR SERVICES, EVEN IF COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW, HAD REASON TO KNOW, OR HAVE BEEN EXPLICITLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE STREETSTOP APP AND SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US$500).
If a dispute arises between you and one or more other Users, you shall release and discharge Company (including its affiliates and each of their respective officers, directors, shareholders, managers, employees, agents, members, and suppliers) from any and all claims, demands and damages of every kind and nature, known and unknown, accrued or unaccrued, or disclosed and undisclosed, arising out of or related to such disputes with other Users or to your use of the StreetStop App or participation in the Services. We reserve the right to monitor disputes between you and other Users, but are under no obligation to intervene or otherwise get involved.
You shall defend, indemnify, and hold us and our affiliates, successors and assigns, and each of our respective officers, directors, managers, members, employees, agents, and suppliers harmless from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees, arbitration costs, and court costs), arising out of or in connection with: (i) your use of the Services or goods obtained through your use of the Services; (ii) your breach or violation of any of the provisions of this Agreement applicable to you; (iii) our use of your Information; (iv) if applicable, your ownership, use or operation of a food service vehicle, motor vehicle or passenger vehicle, including, without limitation, your provision of Services as a Food Truck; or (v) any other activities in connection with the StreetStop App or the Services. THIS INDEMNITY SHALL NOT BE ABRIDGED OR LIMITED DUE TO THE NEGLIGENCE OF ANY PARTY, INCLUDING THE INDEMNIFIED PERSON(S).
Modifications to the Agreement
We reserve the right to change, eliminate, or otherwise modify the terms and conditions of this Agreement at any time, effective immediately upon posting the amended terms on our website [Link] or through the StreetStop App. No prior notification is required. You are solely responsible for periodically reviewing this Agreement to determine if there have been any changes. Your use of the StreetStop App or Services after any such changes shall constitute your consent to such changes. If you refuse to agree to such changes, then you must cease and desist all of use of the StreetStop App or the Services.
Any and all litigation, controversies, disputes or claims arising out of or related to the Agreement (including, without limitation, the use of the StreetStop App and the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, including, without limitation, this arbitration language), that cannot be resolved informally through communication between you and us, shall be submitted to binding arbitration in Atlanta, Georgia. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and us. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
This Agreement is effective upon your creation of a User account, as the same shall be amended from time to time. You may discontinue your use of the StreetStop App or participation in the Services at any time, for any reason, without notice. We may discontinue providing the StreetStop App and access to the Services at any time, for any reason, without notice. We may also suspend or deactivate your User account (either as a Customer and/or Food Truck), or revoke your permission to access the StreetStop App, at any time, for any reason, without notice to you. We reserve the right to refuse access to the StreetStop App to any User for any reason not prohibited by law. Either you or we may terminate the Agreement for any reason upon written notice to the other party, however, certain provisions of this Agreement shall survive termination of the Agreement namely, the Sections entitled “Our Contract,” “Eligibility,” “User Information,” “Prohibited Activities,” “Trademark Licenses/Proprietary Rights,” “DISCLAIMER,” “Limitation of Liability,” “Release,” “Indemnity,” “Modifications to the Agreement,” “Arbitration,” “Termination,” “Notices,” and “Miscellaneous” shall survive any termination or expiration of this Agreement.
We may give you notice of changes to this Agreement, the StreetStop App or the Services by means of a general notice, electronic mail to your email address listed in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. All notices sent by us shall be deemed to have been given and received upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to THESTREETSTOP, LLC c/o Jeffrey T. Leonard, Esq., Cohen Pollock Merlin & Small, P.C., 3350 Riverwood Parkway, Suite 1600, Atlanta, Georgia 30339, unless otherwise noted.
This Agreement shall be governed by the laws of the State of Georgia without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. We may assign this Agreement, without giving notice and without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s ownership interests, equity, business or assets; or (iii) a successor by merger or consolidation. Headings are for reference purposes only. Our failure to act with respect to a breach by you shall not constitute a waiver of our right to act with respect to subsequent or similar breaches unless acknowledged and agreed to by us in writing. This Agreement sets forth the entire understanding and agreement between you and Company with respect to the subject matter hereof.