Fooda User Terms of Use

Welcome to Fooda. In order to use our services, you must agree to these Terms of Use. These Terms of Use are our "rules of the road" – they are important and contain many legal disclosures that you should read carefully - including terms of sale that apply when you buy something through us, as well as other terms that specify permissible uses of our services. Why all the rules? Bottom line: because we value your trust and loyalty and need a consistent set of rules to fairly, consistently and respectfully ensure that our services are used properly. If you have any questions about these Terms of Use email us at

These Terms of Use were last updated on February 15, 2018. Version 2.0

Fooda, Inc. ("Fooda" or "us" or "our") operates, mobile native applications, the mobile versions and any individual sites or merchant-specific, product-specific, area-specific, or other physical location or Event sites we have now or in the future. By using our Site and any Fooda's Services available through or otherwise described within the Site, you as the User agree to these Terms of Use, our Privacy Policy (, and any additional terms applicable to certain programs in which you may elect to participate as any of the same may exist from time to time (collectively, these "Terms of Use" or this "Agreement"). IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY FOODA SERVICE.

1. Definitions
  • “Events” means Host sponsored or promoted events where Fooda coordinates services with Merchants.
  • “Fooda Services” means any goods, services, content, or offers provided to a User whether onsite, off premises, online, public location or Merchant’s location. Agent sells Fooda Services on behalf of the Merchant under the following categories:
    • “Catering” means a Host placing an order for an Event. The Host chooses the Merchant(s), items, quantities, and applicable logistics such as delivery location and time. These orders may be bespoke or blanket orders that cover an extended period of time.
    • “Offers” means a gift certificate, discount, coupon and/or voucher offered to Users that they may redeem for a Merchant’s products and/or services.
    • “Popup” means a Merchant coming to a Host’s site and serving food and/or providing beverages or other Fooda Services to Users. Popup events may be prepaid by the Host, subsidized, or fully paid on site by the Users.
    • “Delivery” means an online ordering platform that is utilized by a Host to allow their Users to choose their selection before the order is placed.
  • “Hosts” means third parties that provide access to the Merchants and make Fooda Services available to you. These may include your employer, commercial or residential property managers, channel partners, government entities, hospitals, sports and entertainment venues, schools, individuals or ad hoc groups.
  • “Merchant” means a restaurant, catering company, bar, food truck, ice cream shop, manufacturer, distributor, brewery, winery, chef, or any other company or individual providing or assisting in providing Fooda Services.
  • “Sites” mean electronic and physical locations where Users have access to Fooda Services. Electronic locations include Fooda’s website and mobile applications. Physical locations include Host owned or managed locations such as work places, schools, shopping centers, hospitals, government buildings, meeting spaces, lobbies, sports and entertainment venues, or public spaces.
  • “User” means you.

2. Permitted Uses
The Site provides an online and offline marketplace operated by Fooda, consisting primarily of food and beverage services on behalf of Merchants and placing orders for goods or services to be provided by the Merchants. The goods or services will be provided by the Merchant identified on the Site. As a condition of your use of this Site, you agree that:
  • You are an individual person at least 18 years of age;
  • You possess the authority to create a binding legal obligation;
  • Your use of this Site will at all times comply with the terms of this Agreement;
  • If you elect to create an account:
    • You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective Fooda Services;
    • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
    • You represent that you have the right to provide any and all information you submit to or post within the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.

3. Availability of the Site
You acknowledge that there may be interruptions in service or Events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet and/or the Site. Fooda retains the right at our sole discretion to deny service, or access to the Site, to anyone or any account, at any time and for any reason.

4. Ownership of the Site
All software and source code included within or otherwise associated with the Site shall, as between you and Fooda, remain owned solely and exclusively by Fooda. The content and information on this Site as well as the software and infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

5. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with Fooda and the Site while it is being transmitted. In addition, Fooda is not responsible for any data lost during transmission.

6. Your Conduct on our Site
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion) restricts or inhibits any other User from using or enjoying any part of this Site, we may limit or terminate your privileges on the Site and/or seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, as they are prohibited on the Site and constitute express violations of this Agreement:
  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Fooda account or use of Fooda Services;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration, of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Fooda;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly, with Fooda;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Site end users, visitors, Merchants or other business partners of Fooda to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Fooda, including without limitation, aggregating current or previously offered deals;
  • Using any User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Exceeding or attempting to exceed quantity limits when purchasing items or otherwise using any Fooda account to purchase goods or services for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific Offer on the Site;
  • Accessing, monitoring or copying any content or information from this Site, or using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of this Site (including, without limitation, the purchase path for any Offer) without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of Fooda, our Merchants or our services; or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.

7. Creating an Account on our Site
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account, and without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If we determine that you commit fraud or falsify information in connection with your use of the Site or in connection with your Fooda account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

8. Terms of Sale
Orders you purchase through our Site or at an Event are purchased from participating Merchants through our service. The purchases are for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Site. The Merchant is solely responsible for fulfilling the order. The Merchant is the issuer of the Offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or not. You waive and release Fooda and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and Hosts from any Liabilities arising from or related to (i) any act or omission of a Merchant in connection with the Fooda Services it provides, (ii) any food, goods, or drinks purchased from or otherwise provided by any Merchant, and/or (iii) any failure by the applicable Merchant to fulfill its obligations towards you relating to any Offer or other transaction agreed between you and a Merchant.

By purchasing any Offer you agree to the terms of this Agreement and the terms on the Offer itself and any additional, Offer specific terms at the time of purchase (collectively, the "fine print" regardless of how labeled). These rules apply to all Offers made available through the Site or that we otherwise make available, unless a particular Offer's fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and an Offer's fine print, the Offer's fine print will control.

Fooda is a service provider for the Merchant identified on the Site and the Merchant is the sole issuer of the Fooda Services. Descriptions of the products or services advertised on the Site are provided by the Merchants or other referenced third parties. Fooda is not responsible for any performance or quality claims associated with product or service descriptions.

Merchants may advertise services on the Site that may require an up-to-date regulatory authorization, license or certification. Fooda does not verify, validate or collect evidence of any regulatory authorization, license or certification from any Merchant, and does not otherwise endorse any Merchant. You are solely responsible for investigating each Merchant before purchasing any such Merchant's goods or services to determine if a Merchant is qualified to deliver or perform the advertised good or service. Merchant is solely responsible for the care and quality of goods and services being provided.

Notwithstanding the foregoing, if a Merchant or venue refuses to honor any Offer, Fooda will, as its sole and exclusive obligation regarding same, refund the amount paid in connection with such Offer upon written request, in the original form of payment. Need a refund or have a question? Email Fooda at Offers are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of Offers is prohibited.

Catering Orders: All orders are subject to our standard cancellation policy unless otherwise noted on our sales order. Our standard cancellation policy is that any order cancelled up to 48 hours before the event will receive a full refund. Any order cancelled within 48 hours of an event will receive no refund.

Popup Coupons:
  • Coupons have an expiration date listed on the coupon.
  • Only one coupon per customer per meal can be redeemed.
  • Each coupon can only be used one time. Photocopied, altered or fraudulent coupons will not be accepted.
  • Coupons have no cash value.

Popup Pre-Paid Vouchers:
  • Vouchers never expire.
  • Redemptions that amount to less than the face value of the voucher are eligible for cash back from the Fooda Merchant.
  • Vouchers are refundable for their full face value less a 10% processing fee provided that the refund is requested prior to redemption (whether in whole or in part). Refund requests should be sent to
  • Vouchers are subject to a 5% non-refundable service fee at time of purchase.
  • Fooda is not responsible for lost or stolen vouchers that are redeemed by an unauthorized party.
  • Photocopied, altered or fraudulent vouchers will not be accepted. If a voucher is used more than one time, then the additional uses plus a 25% service fee will be charged to the original purchasing User.

9. Fooda Popup Rewards

These Rewards Terms of Use apply to your access to, and participation in, the Fooda Rewards program (“Fooda Rewards") which is operated by Fooda.

Fooda reserves the right to change, modify and/or eliminate Fooda Rewards and/or all or any portion of these Rewards Terms of Use or any policy, FAQ, or guideline pertaining to Fooda Rewards at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to, and you waive any right you may have to receive specific notice of such changes or modifications. Your participation in Fooda Rewards confirms your acceptance of these Rewards Terms of Use and any such changes or modifications; therefore, you should review these Rewards Terms of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to Fooda Rewards. If you do not agree to the Rewards Terms of Use, you must stop participating in Fooda Rewards.

Fooda Rewards is one way in which Fooda strives to reward and thank loyal customers for patronizing our business. Members of Fooda Rewards are able to earn and accumulate “Points" that can be redeemed for Fooda Rewards benefits, also known as “Rewards," at participating Fooda Popup locations and with participating Fooda restaurant partners. Unfortunately, not all Fooda Popup locations and Fooda restaurant partners have the ability to award Points or honor Rewards at this time.

Joining Fooda Rewards: There is one way to enroll in Fooda Rewards and begin accumulating Points. Download the Fooda iOS or Android mobile app and sign up. If you already have the Fooda iOS or Android consumer mobile app, follow the prompt to add your phone number to your existing account. At participating Fooda Popup locations, provide your phone number to the cashier to earn Points for your purchase. If you use a credit card during a purchase where you also provide your phone number, Fooda will link your credit card to your account and automatically provide Points for future purchases made with the same credit card.

Earning Points: You can earn Points by making purchases by providing your mobile phone number or using a linked credit card at any participating Fooda Popup location with a participating Fooda restaurant partner. You will earn Points based on the value of your purchase at the rate of two (2) Points for each One Dollar ($1.00) you spend at participating Fooda Popup locations. Taxes, coupons and Rewards are excluded when earning Points. Points are earned and awarded in fractional amounts depending on the value of your purchase. Generally, Points for qualifying purchases from participating locations are automatically added to your account within twenty-four (24) hours. If you return food that you purchased or receive a refund, any Points you received as part of the initial purchase will be deducted for the amount of the return or refund. Fooda reserves the right to change how Points are earned or any other terms related to Points, such as Point expiration, at any time and without advanced notice.

Fooda Rewards: Currently, there are three (3) Reward levels within Fooda Rewards that are available based on the number of Points that you have available. Once you have accumulated enough points to reach a level, you can redeem the Points for a Reward coupon within the Fooda mobile app. The Reward coupon can be used at any participating Fooda Popup location and participating restaurant partner for a discount on a purchase. Each Reward coupon has an expiration date. You can view and track your Reward balance and available Rewards by using the Fooda mobile app. Fooda reserves the right to change the number of Reward levels and to change the Reward coupon amounts and Rewards associated with each level in its sole discretion at any time.

Miscellaneous: Your Points and Rewards, and your account under Fooda Rewards are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Fooda Rewards account that is personal to you.

Without notice to you, Fooda reserves the right to suspend and/or terminate your account and/or your participation in Fooda Rewards if Fooda determines in its sole discretion that you have violated these Rewards Terms of Use, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Fooda may, in its sole discretion, suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in Fooda Rewards is terminated, then all accumulated Points and Rewards in your account are void.

Without notice to you, Fooda also reserves the right to void specific Reward Points if Fooda, in its sole discretion, determines that the Points were earned through unauthorized, deceptive, fraudulent or otherwise unlawful means. Fooda reserves the right to terminate, discontinue or cancel the Fooda Rewards program at any time and in its sole discretion without notice to you.

10. Copyright and Trademarks.
All content made available on or in this Site is the exclusive property of Fooda or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF FOODA IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site and contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of this Site are protected by copyright as a collective work under the United States copyright laws. Fooda owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Fooda or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted in a given instance, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Fooda is a trademark of Fooda, Inc. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Fooda shall not be deemed to be in the public domain but rather the exclusive property of Fooda, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Fooda unless otherwise stated.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Fooda does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that you and/or the owner of such material has expressly granted Fooda the royalty-free, perpetual, irrevocable, assignable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You also grant Fooda the right to edit, copy, publish and distribute any material that you make available on this Site.

11. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures.
Fooda reserves the right to terminate its agreement with you or any other end user who infringes third-party copyrights. If you believe that any material has been posted via the Site by an end user or any other third party in a way that constitutes copyright infringement, you shall provide Fooda with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Contact information for Fooda's DMCA Agent for notice of claims of copyright infringement is: Fooda, Inc. Attn: Copyright Agent, 363 W. Erie St #500 West, Chicago, IL 60654

12. Arbitration.
Both you and Food agree to make reasonable efforts to resolve any disagreements that you have with Fooda or related to Fooda Services. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Fooda arising out of, relating to, or connected in any way with this Agreement, this Site or any purchase(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA ("Rules and Procedures"). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Fooda; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Fooda's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fooda will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Fooda shall be entitled to arbitrate the applicable dispute.

13. End User Communications.
Fooda in some instances allows you and other end users to use the Site to express opinions and communicate through reviews, forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively "Communities"). Fooda shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Fooda, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Fooda shall have the right, but not the obligation, to remove any material from the Communities that Fooda, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable in any way. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other end user to the Communities (collectively, "Statements"), are those of the respective author(s) or distributor(s) and not of Fooda.

14. Websites of Others.
The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.

15. Public Nature of Your Statements.
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Fooda's services) may read your Statements without your knowledge. Please do not include any personal information in your Statements. Fooda does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Fooda regarding the Site or the Fooda services shall, upon submission to Fooda, be owned solely and exclusively by Fooda. Fooda shall not be responsible for the return of any Statement content of any kind to you upon any termination of this Agreement or suspension of your access to the Site or account, including without limitation any information input into the Site by you.

16. License Grant.
By posting Statements or other information on or through the Communities, you grant Fooda a royalty-free, perpetual, irrevocable, transferable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

17. Indemnification/Release.
You agree to defend, indemnify and hold harmless Fooda, its subsidiaries, affiliates, Hosts and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by you in connection with the Site or Fooda's services or any use of the Site in violation of these Terms.

You are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release Fooda, its subsidiaries, affiliates, and Hosts from any and all claims or liability related to any goods or service of a Merchant, any action or inaction by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Fooda agreement, and any conduct or speech, whether online or offline, of any other user.

18. Confidentiality.
You agree to treat as confidential all confidential information of Fooda, not to use such confidential information for any purpose other than to the limited extent necessary to use the Site and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, you shall use at least the same degree of care which you use to prevent the disclosure of your own confidential information of like importance to prevent the disclosure of confidential information disclosed by or otherwise made available by Fooda, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.

19. Disclaimer of Warranty.

20. Limitation of Liability.

21. Termination.
Fooda may terminate these Terms of Use and/or your account at any time. Without limiting the foregoing, Fooda shall have the right to immediately terminate or suspend any of your passwords or accounts in the event Fooda considers, in its sole discretion, any of your conduct to be unacceptable, objectionable or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

22. Choice of Law.
Any disputes arising out of or related to these Terms of Use and/or any Use by you of Fooda's Site or services shall be governed by the internal laws of the State of Illinois, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision shall be governed by the Federal Arbitration Act.

23. Modification of this Agreement.
Fooda reserves the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services, we will notify you by sending you an email to the email address that is registered with your account and/or by posting the updated Agreement on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an email notice to you or our posting of notice of the changes on our Site, provided that, these changes will not apply to purchases prior to the effective date of such changes. These changes will be effective immediately for new Users of our Site and for all purchases after the effective date of the change. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.

24. Additional Disclosures.
No waiver by either you or Fooda of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under this Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. Fooda shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.

Fooda is located at 363 W. Erie St #500 West, Chicago, IL 60654.

The provisions of these Terms of Use apply equally to and are for the benefit of Fooda, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions against you directly or on its own behalf.