Last updated on March 24, 2016
TERMS OF SERVICE
The following terms and conditions govern all use of the GenDelivers.com website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures (collectively, the “Agreement”) that may be published from time to time by GenDelivers.com. You agree that we may automatically upgrade our Services, and this Agreement will apply to any upgrades. If you reside in the United States, your agreement is with GEN Online, LLC, a Delaware limited liability company.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by GenDelivers.com, acceptance is expressly limited to this Agreement.
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge. You acknowledge that such consideration includes your use of the Services and receipt of data, materials and information available at or through the Services.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
- User Account
Use of our Services requires a user account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure. Please choose a strong password and do not reveal your password to others. If you suspect or become aware of any unauthorized use of your user account please contact us. You further acknowledge and agree that our Services are designed and intended for personal use on an individual basis and you should not share your user account and/or password details with another person.
Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a user account, email address, domain name, or similar resource used by you in connection with our Services.
You agree that your user account is non-transferable and that any rights to your username or content within your user account terminate upon your death. Upon receipt of a copy of a death certificate your user account may be terminated and all content within your account deleted.
- Legal Authority
To use and/or register for our Services you must be: (a) of legal age to form a binding contract with us, and (b) cannot be a person barred from receiving our Services under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use our Services.
- Ordering and Payment
By providing your credit or debit card information (or other payment method accepted by GenDelivers.com from time to time) when you sign up, and as updated from time to time on your user account page (your “Payment Method”), you authorize GenDelivers.com and/or our third-party payment processor to charge your Payment Method as provided in the Agreement. GenDelivers.com is unable to accept checking account transactions, paper checks, food stamps or third-party coupons at this time. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your order. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your user account page on the website.
- Delivery of Products
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier.
GenDelivers.com uses appropriate refrigerated shipping solutions to complete your order. You are responsible for inspecting your delivery for any damage and to confirm the contents arrive in a cool, refrigerated condition. It is recommended that you use a thermometer to ensure that the internal temperature of any meat, poultry or fish products is and remains at or below 41 degrees Fahrenheit, pursuant to the guidelines of the USDA. To maintain the integrity and quality of food products, we strongly recommend that you immediately refrigerate all perishable items upon receipt of delivery. In the unlikely event a meat, poultry or fish product arrives at a temperature above 41 degrees Fahrenheit, you should contact us at firstname.lastname@example.org or 855-525-2399 immediately and discard the item.
The risk of loss and/or damage to the delivery is passed entirely to you at the time of delivery. You are solely responsible for the proper and safe washing, preparation, storage and cooking of your order following delivery. GenDelivers.com recommends that all cooking instructions specified be followed, and that all meats, poultry, and seafood are cooked to the USDA’s recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees Fahrenheit for whole meats; 145 degrees Fahrenheit for seafood).
GenDelivers.com may not be available in all geographical areas. To receive a delivery, you must live in a residential apartment or home, or receive permission from your employer or business owner to receive shipments to a business address. Shipments may not be scheduled to business addresses for Saturday deliveries. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery.
If you or your doorman are not present at the delivery, we will use commercially reasonable efforts to contact you using the contact information in your user account and we will use commercially reasonable efforts to re-deliver your package and may charge you a standard re-delivery fee. If we are unable to deliver the item to you for any reason, your order that week will be canceled and you will be charged the applicable cancellation fee.
If something is missing from your delivery, please contact us at email@example.com.
In the case of inclement weather or unforeseen delivery complications beyond our reasonable control, it may be necessary to make adjustments to our delivery schedule, which may require us to suspend, reschedule or cancel chosen delivery dates and times in our discretion. We will use commercially reasonable efforts to communicate any such delivery complications or adjustments. In the event that we are unable to make a scheduled delivery for any reason, we may, in our sole discretion, issue you a credit or refund of the purchase price for that delivery.
- Refund Policy
GenDelivers.com takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact us within forty-eight (48) hours of delivery of your order and we will try to assist you. In appropriate cases, GenDelivers.com may replace your order at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for your order. We may require the return or photographic documentation of any order with which you are dissatisfied before we provide you a replacement, credit or refund.
- Errors on the Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
- Intellectual Property
This Agreement does not transfer from GenDelivers.com to you any GenDelivers.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with GenDelivers.com. Gen Online, LLC, GenDelivers.com, the Gen Korean BBQ House logo, and all other trademarks, service marks, graphics and logos used in connection with GenDelivers.com or our Services, are trademarks or registered trademarks of GenDelivers.com or GenDelivers.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any GenDelivers.com or third-party trademarks.
- Submissions and Feedback
You acknowledge and agree that all submissions, questions, comments, suggestions, ideas, feedback or other information regarding GenDelivers.com (“Submissions”) provided by you to or via the website are non-confidential and GenDelivers.com (as well as any designee of GenDelivers.com) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Prohibited Activities
The website is for personal, noncommercial use only (unless specifically endorsed or approved by GenDelivers.com). You may not access or use the website for any other purpose other than the legitimate review and request for food and beverage products, and delivery services in connection therewith, provided by GenDelivers.com. By accessing the GenDelivers.com, you agree:
- to comply with all applicable laws regarding online conduct and acceptable material;
- not to use GenDelivers.com or its services or submit content to GenDelivers.com if you are under the age of 13;
- not to use GenDelivers.com to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
- not to access GenDelivers.com or services using a third-party’s account/registration without the express consent of the account holder;
- not to attempt, through any means, to gain unauthorized access to any part of GenDelivers.com and/or any service, other account, computer system and/or network connected to any GenDelivers.com server;
- not to deep-link to GenDelivers.com and/or access GenDelivers.com manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of GenDelivers.com and/or any Materials and/or other content on GenDelivers.com, unless GenDelivers.com has given you specific permission to do so in writing;
- not to use GenDelivers.com in any manner that could damage, disable, overburden and/or impair any GenDelivers.com server, or the network(s) connected to any GenDelivers.com server, and/or interfere with any other party’s use and enjoyment of GenDelivers.com;
- not to use GenDelivers.com for illegal purposes, or as prohibited by this Agreement;
- not to use GenDelivers.com to engage in commercial activities apart from sanctioned use of GenDelivers.com services;
- not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online;
- not to license, sell and/or otherwise provide access to and/or use of GenDelivers.com to any third party, including without limitation to build a competitive product and/or service
- not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of GenDelivers.com;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of GenDelivers.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through GenDelivers.com or affiliated or linked sites.
You agree that the consequences of commercial use or re-publication of content or information from GenDelivers.com may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that GenDelivers.com will be entitled to temporary and permanent injunctive relief to prohibit such use.
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the Terms of Service link. If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use GenDelivers.com after we make changes to this Agreement, you agree to be bound by the revised Agreement. You agree that if you do not agree to the new terms of the Agreement, you will stop using GenDelivers.com.
GenDelivers.com may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GenDelivers.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
GenDelivers.com cannot control the nature of all of the content available on the website or through GenDelivers.com’s Services, or the products and services being sold by GenDelivers.com herein. By operating the website and providing the Services, GenDelivers.com does not represent or imply that GenDelivers.com endorses any other content or products available on or linked to by the website or through GenDelivers.com’s Services, or that GenDelivers.com believes any products, contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the website or through GenDelivers.com’s Services or in connection with any other third parties.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND GENDELIVERS.COM’S SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GENDELIVERS.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND GENDELIVERS.COM’S SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GENDELIVERS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND GENDELIVERS.COM’S SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE GENDELIVERS.COM’S SERVICES. GENDELIVERS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
- Limitation of Liability
In no event will GenDelivers.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GenDelivers.com under this agreement during the one (1) month period prior to the cause of action. GenDelivers.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- General Representation and Warranty
- U.S. Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and GenDelivers.com reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless GenDelivers.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (U.S.). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Arbitration Provision
If there is a dispute between users of GenDelivers.com, or between users and any third party, you understand and agree that GenDelivers.com is under no obligation to become involved. In the event that you have any such dispute between users and any third party, you hereby release GenDelivers.com, its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
In the interest of resolving disputes between you and GenDelivers.com in the most expedient and cost effective manner, you and GenDelivers.com agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GENDELIVERS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the paragraph directly above, we both agree that nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and GenDelivers.com will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting GenDelivers.com.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”). GenDelivers.com address for Notice is below. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or GenDelivers.com may commence an arbitration proceeding.
If you commence arbitration in accordance with this Agreement, GenDelivers.com will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse GenDelivers.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND GENDELIVERS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GenDelivers.com agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If GenDelivers.com makes any future change to this arbitration provision (other than a change to GenDelivers.com’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to GenDelivers.com’s address for Notice, in which case your account with GenDelivers.com will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
If the paragraph above regarding class or representative proceedings is found to be unenforceable or if the entirety of this Disputes Section is found to be unenforceable, then the entirety of this Disputes Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the Miscellaneous Section will govern any action arising out of or related to this Agreement.
This Agreement constitutes the entire agreement between GenDelivers.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GenDelivers.com, or by the posting by GenDelivers.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California. The failure of GenDelivers.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your user account may not be assigned by you without our express written consent. GenDelivers.com may assign any or all of its rights and obligations to others at any time. GenDelivers.com shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond GenDelivers.com’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
- Contact Us
In order to resolve a complaint regarding GenDelivers.com or the GenDelivers.com’s Services, or to receive further information regarding GenDelivers.com’s Services, please contact GenDelivers.com as set forth below, or, if any complaint with GenDelivers.com is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Address for Notice:
Gen Online, LLC dba GenDelivers.com
c/o Paracorp Incorporated
2804 Gateway Oaks Drive, Ste. 200
Sacramento, California 95833-3509
Phone: (562) 741 – 5039
- Digital Millennium Copyright Act (“DMCA”) Infringement Notice and Policy
If you believe that content available on or through GenDelivers.com infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by GenDelivers.com infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GenDelivers.com to locate the material.
- Information reasonably sufficient to permit GenDelivers.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to our Copyright Agent as follows:
Gen Online, LLC dba GenDelivers.com
c/o Paracorp Incorporated
2804 Gateway Oaks Drive, Ste. 200
Sacramento, California 95833-3509
Attn: Copyright Agent
Phone: (562) 741 – 5039
We also will advise the alleged infringer of the DMCA Statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.