Terms of Service

Last Modified 3/25/2024

PLEASE NOTE THAT DISPUTES ABOUT THESE TERMS OF USE AND THE BOUNDARIES PLATFORM ARE SUBJECT TO BINDING ARBITRATION, AS DETAILED IN SECTION 15 BELOW .

1. ACCEPTANCE OF THIS AGREEMENT

These Terms of Service (the “Terms”) apply to the website www.boundaries-delivery.squarespace.com and all related mobile site(s) and mobile app(s) provided by Boundaries LLC (“Boundaries,” “we,” “us,” or “our”), any other websites or mobile apps that link to these Terms, and all other services relating to your use of those websites, technologies, and apps, such as our customer care services (collectively, our “Platform”).

These Terms constitute a legally binding agreement between you and Boundaries. This means that if you access or use our Platform, you acknowledge and agree that you (as well as any of your heirs or persons to whom you have assigned your legal rights) (collectively “you”) are telling us that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations relating to your access and use of the Platform.

If you use the Platform on behalf of an entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity or organization, and that references to “you” and “your” in these Terms (except for in this sentence) refer to that entity or organization.

You also agree to any additional terms applicable to specific services and/or features that are a part of, or may be from time to time, made a part of, the Platform (collectively, the “Additional Terms”). Subject to applicable law, the Additional Terms are a part of these Terms and are expressly incorporated herein by this reference. If you do not agree to these Terms, you may not use the Platform.

Notwithstanding the foregoing, if you choose, now or in the future, to provide logistics, delivery, meals (i.e. restaurants), and other services (collectively, “Third-Party Services”), these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with Boundaries, such as Third-Party Services agreements. To the extent (but only to the extent) any agreement you may have with Boundaries regarding Third-Party Services you provide conflicts with these Terms of Service, those agreements (and not these Terms of Service) will prevail with respect to any disputes arising from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms of Service apply.

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out herein will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

2. DESCRIPTION AND LIMITATIONS OF OUR PLATFORM; RESTAURANTS AND DELIVERERS ARE INDEPENDENT

We provide a technology platform and associated support services that make it more efficient for restaurants and delivery drivers to connect with each other and with customers to allow for faster, more efficient food delivery.

We are not a caterer, restaurant, or other food preparer. The restaurants and delivery drivers available through our Platform are independent of Boundaries and are subject to laws, rules, regulation, and standards regarding their businesses and services.

We do not verify, and are not responsible for, any restaurant’s or delivery driver’s compliance with the laws, rules, regulations, and standards regarding their businesses and services. We do not assess or guarantee the quality or suitability of any restaurant’s food, products, services, menus, descriptions or other disclosures or of any deliverer’s services, and we are not responsible for any restaurant’s or deliverer’s acts or omissions.

You understand and agree that Boundaries is not liable for any losses, damages, liabilities, lawyers’ fees, or other expenses caused by the acts or omissions of a restaurant or deliverer.

3. INTELLECTUAL PROPERTY

Our Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Boundaries, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except for the limited license expressly granted by us to you under these Terms, no other rights or licenses are granted to you under these Terms, either expressly, by implication or otherwise. All rights not expressly granted by us in these Terms are expressly reserved.

These Terms permit you to use the Platform, but you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

4. TRADEMARKS

Boundaries’ name and all related names, logos, product and service names, designs, and slogans are trademarks of Boundaries or its affiliates or licensors. You must not use such marks without the prior written permission of Boundaries. All other names, logos, product and service names, designs, and slogans on our Platform are the trademarks of their respective owners.

5. PROHIBITED USES

You may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, e.g. General Data Protection Regulation).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Service.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate Boundaries, a Boundaries employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Boundaries or users of our Platform, or expose them to liability.

Additionally, you agree not to:

Use our Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

Use any robot, spider, artificial intelligence, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

Use any device, software, artificial intelligence, or routine that interferes with the proper working of the Website.

Introduce any viruses, Trojan horses, worms, logic bombs, ransomware, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.

Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Platform.

6. USER CONTENT AND SUBMISSIONS

The Platform may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content, such as reviews, photos, ratings, and other content such as comments, ideas, and other feedback (collectively, "User Content"). User Content may be viewable by other users and may include information about you.

When you Post User Content on or through the Platform (including ratings and reviews), you grant us a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform or display, create derivative works from, sell, lease, and transmit such User Content, in whole or in part, in any format or medium, including for promoting and redistributing part or all of the Platform in any media formats and through any media channels. Notwithstanding the foregoing, our use of your information shall be governed by the our Privacy Policy.

You acknowledge and agree that all User Content that you Post is your responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that we do not control, and are not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you will indemnify, defend, and hold harmless for all claims resulting from User Content you Post.

7. Information About You and Your Visits to the Website

All information we collect on our Platform is subject to our Privacy Policy https://boundariesdelivery.com/privacy-policy. By using our Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

8. ELIGIBILITY

To use the Platform, you must be—and you represent and warrant that – (i) you are at least eighteen (18) years of age, (ii) neither you nor any organization on whose behalf you are using the Platform has been previously been banned or removed from the Platform, (iii) you have the ability and authority to agree to these Terms, and (iv) you are physically located within the United States.

9. ACCOUNT REGISTRATION AND USE

Account Registration and Confidentiality. You are required to create an account to use or participate in the services offered on our Platform. During the registration process for your account, you must provide us with your email address and a password (that together will serve as your login credentials) and you may be required to provide additional information, such as your name, phone number and/or a credit card number. You agree that all information you provide on the Platform is accurate, current, and complete. You understand and agree that it is your responsibility to ensure that your password remains confidential and secure. You also agree to keep all of the information you provide us up to date. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://boundariesdelivery.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Unauthorized Account Use. You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. To notify us, please email us at support@boundariesdelivery.com. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. By creating an account with us, you agree that you are fully responsible for all activities that occur under your login credentials and that we may assume that any communications we receive through your account have been made by you. We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violate any of these Terms.

10. Links from OUR PLATFORM

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. GEOGRAPHIC RESTRICTIONS

The owner of the Platform is based in Virginia in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Plaftorm from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

12. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, BOUNDARIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Boundaries, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Platform.

15. GOVERNING LAW AND JURISDICTION

All matters relating to the Platform and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of Virginia, in each case located in the City of Richmond. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. ARBITRATION

At Boundaries’ sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.

17. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. WAIVER AND SEVERABILITY

No waiver by Boundaries of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Boundaries to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

19. PAYMENTS

You authorize us or our third party payment processor to charge all amounts owed for orders you place to the payment method you specify at the time of purchase. If you pay any amounts with a credit card, we or our payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. We and our third party payment processor act as agents of the Restaurant and/or Deliverer in processing payments for purchases. Your obligation to the Restaurant and/or Deliverer for all amounts owed for your order will be deemed satisfied upon receipt by us or our payment processor of your payment amount (except for your obligations in the event of a chargeback or other payment reversal).

If you cancel your order, you may be charged some or all of the amount of the order, depending on the policy of the Restaurant. On behalf of the Restaurant, we also reserve the right to charge you (or cause our third party payment processor to charge you) the full amount of the order, if you, or the person you designate, is not at the delivery location you specify when the order is delivered.

Any payments you make are final and non-refundable.

We reserve the right to establish, remove, and/or revise fees, or other amounts for any or all services or features we provide through the Platform.

20. ENTIRE AGREEMENT

These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Boundaries LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.