Privacy Policy

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Terms of Use

Effective: June 22, 2020

These Terms of Use (“Terms”) govern your use of the Crave Up Inc website and ordering service (“Services”) and mobile application (“App”). We offer the Services on various branded restaurant and other third-party websites and services (“Vendor Applications”) offered by third parties that operate those Vendor Applications (“Vendors”). These Terms are an agreement between you as a user of the Services and App and Venturist Incorporated (“Crave Up Inc”); the Vendors are not a party to this agreement.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE APP AND/OR SERVICES, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Crave Up Inc, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE USER YOU HAVE NAMED AS THE USER, AND TO BIND THAT USER TO THE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, APPLICATION OR SERVICES.

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 19 BELOW BEFORE DOWNLOADING OR USING THE APP OR OUR SERVICES. THESE TERMS ALSO LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Description

Crave Up Inc allows Vendors to offer various food, beverage and other related products (“Products”) to you and other users. Any purchase of such Products is solely an agreement between you and the Vendor. The Products advertised or otherwise made available for purchase on the Services are determined solely by the Vendor, and Crave Up Inc shall have no liability to you for those Products or any failure to provide the Products, or any modification, unavailability or discontinuation of any Products. Any delivery service you use, as provided at the option of the Vendor, is at your sole discretion and Crave Up Inc shall have no liability to you for any delivery-related issues.

2. Changes to the Terms

We may from time to time modify, amend or vary these Terms (collectively, “Modifications”) by posting them on our website, on the App or by sending an email to the email address provided in your account. Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use this App and Services after such posting or other notification, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use of the Services and uninstall the App.

3. Updates to the Apps and services

You understand that the App and Services are evolving. You understand and agree that we may change or discontinue the Services or App or change or remove functionality of the App at any time, in our sole discretion. As a result, Crave Up Inc may require you to accept updates to the App and Services that you have installed on your computer and/or mobile device. You may also need to update third-party software from time to time in order to use the App and/or Services. Any future release, update or other addition to the Services and/or App shall be subject to these Terms. YOU AGREE THAT WE CAN SEND UPDATES TO THE APP DIRECTLY TO YOUR COMPUTER AND MOBILE DEVICE.

4. App Store Terms

The App may be available for download from one or more platforms, such as Apple iTunes or Google Play (“App Stores”). Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable App Store (“App Store Terms”). If there is any conflict between these Terms and the App Store Terms, then these Terms will prevail. This App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any App Store. You and we acknowledge that these Terms are entered into between you and us only, and not with any App Store, and we, not the App Store, are solely responsible for the App and the content thereof to the extent specified in these Terms. You and we acknowledge that we, not the relevant App Store, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

5. Mobile Device and Carrier Requirements

You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App or any other third-party charges as may arise and you accept sole responsibility for such charges. If you are not the bill payer for the Device (defined below) being used to access the App, you will be assumed to have received permission from the bill payer for using the App. You must also ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement.

6. use of the services

A. License. Subject to your compliance with these Terms, Crave Up Inc grants you a limited, non-exclusive, non-transferable, revocable license to download, install and use a copy of the App on a mobile device or computer that you own or control and to run such copy of the App and access the Services solely for your own personal purposes to order Products from Vendors. Crave Up Inc, its suppliers and services providers, and the Vendors reserve all rights not granted in these Terms.

B.Restrictions. You shall not: (a) attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Services or App; (b) copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Services or App, or any Products accessible through the Services; (c) use any manual or automated software, devices or other processes, including, without limitation, spiders, robots, scrapers, data mining tools, and the like, to “scape” or download data from any web pages contained in our website or the Services; (d) access the Services to build a competing or similar website, application or service; and (e) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the Services and/or App. Any unauthorized use of the App and/or Services terminates the licenses granted by Crave Up Inc hereunder.

7. Eligibility and Registration

A. Eligibility. To register for the Services, you must be, and you represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.

B. Registering Your Account. In order to access certain features of the Services you may be required to register an account on the Services or the App (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services or App by minors. You may not share your Account or password with anyone, and you agree to (1) notify Crave Up Inc immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Crave Up Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Crave Up Inc has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an Account or use the Services or App if you have been previously removed by Crave Up Inc, or if you have been previously banned from any of the Services or App.

C. Privacy. Any personal information that you provide in connection with the use of the Services and/or App, including Registration Data and any order and transaction history, may be used by Crave Up Inc to provide the Services and by Vendors to provide the Products and for marketing and other purposes as set forth in the Crave Up Inc Privacy Policy. By registering and using the Services and/or App you agree to and accept the Order Spot Privacy Policy.

D. Social Networking Accounts. [You may also access the Services if you have a valid account with a third party service or social networking service (“SNS”) through which you have connected to the Services (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing Crave Up Inc to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Crave Up Inc and/or grant Crave Up Inc access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Crave Up Inc to pay any fees or making Crave Up Inc subject to any usage limitations imposed by such third-party service providers.

By granting Crave Up Inc access to any Third-Party Accounts, you understand that Crave Up Inc may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (“Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services and/or App via your Account. Unless otherwise specified in the Terms of Use, all SNS Content is, as between you and Crave Up Inc, your content. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services and/or App. Please note that if a Third-Party Account or associated service becomes unavailable or the Crave Up Inc’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services or App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Crave Up Inc DISCLAIMS ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Crave Up Inc makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Crave Up Inc is not responsible for any SNS Content.

8. termination

If you materially breach the terms of these Terms, Crave Up Inc may suspend your ability to use the Services and/or App or may terminate these Terms effective immediately, with or without notice to you. If you want to terminate these Terms, you may do so by (a) notifying Crave Up Inc at any time, and (b) closing your Account for all Services that you use, including any use of the App. Your notice should be sent, in writing, to Crave Up Inc’s address set forth below. Upon termination of these Terms, your right to use the Services and App will automatically terminate immediately. Crave Up Inc will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms, which by their nature should survive, shall survive termination of the Terms of Use, including without limitation, ownership provisions, indemnifications, warranty disclaimers and limitation of liability.

9. payment and Billing

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from the Vendor and/or any third party acting on their behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You must provide Crave Up Inc with a valid credit card (Visa, MasterCard, American Express, Discover, or any other issuers accepted by us), charge card, Vendor-specific gift card or Vendor-specific cash card (“Payment Provider”). You acknowledge and agree that for each order that you place through the Services, the full cost of Products you order will be assessed against your Payment Provider. You acknowledge and agree that a command originating from your Account constitutes an authorization for the Services to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account. The Services will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the Crave Up Inc website. You agree to immediately notify Crave Up Inc of any change in your billing address or the credit card used for payment hereunder.

10. Refund Policy

You acknowledge that Crave Up Inc is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges including any associated delivery-related charges. Addressing customer requests for refunds on purchases of Products will be the sole responsibility of the Vendor location at which the order was placed in accordance with such location’s refund policies. Contact the location directly with the phone number provided as soon as possible to request a full or partial refund.

11. Indemnification

You agree to defend, indemnify, and hold harmless Crave Up Inc, the Vendor and each of our and their respective parent company, affiliates, officers, directors, employees, representatives, licensors, and agents (collectively, “Indemnitees”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from your use of the App, Services, User Content (as defined below), or breach of these Terms or resulting from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the Services, (b) your use of or access to the Services, (c) your violation of these Terms, (d) your violation of any rights of any third party, or (e) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Services. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you indemnify Indemnitees under these Terms and you will assist us in exercising such rights.

12. Intellectual Property Ownership

Except for the content and information you upload to the Services, you agree that Crave Up Inc and its suppliers (including the Vendor) own all rights, title and interest in the App and Services, including all trademarks, brand names, and logos therein. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Services are the property of Crave Up Inc and/or its affiliates, licensors (including the Vendor) and/or licensees. You are not authorized to use any such Marks.

13. User Content

The App may contain features that allow you to post or provide comments, photos, videos or other content (collectively, “User Content”). You retain the right to your User Content. However, you grant to Crave Up Inc the worldwide, perpetual, irrevocable, fully transferable and royalty-free right and license to use the User Content for any purposes, including without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, make derivative works, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created. Please note that User Content may be made publicly available to other users or to the public at large and so you should not disclose any content that you do not wish to be made public.

14. Prohibited Uses

• is unlawful, illegal or unauthorized;

• is defamatory of any other person;

• is obscene, sexually explicit or offensive;

• advertises or promote any other product or business;

• is likely to harass, upset, embarrass, alarm or annoy any other person;

• is likely to disrupt our service in any way; or

• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or

• advocates, promotes or assists any violence or any unlawful act.

We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms. In addition, we reserve the right at our sole discretion to terminate any user’s access to the App and/or Services if they violate this Section 14 or any other provision of these Terms.

• is unlawful, illegal or unauthorized;

• is defamatory of any other person;

• is obscene, sexually explicit or offensive;

• advertises or promote any other product or business;

• is likely to harass, upset, embarrass, alarm or annoy any other person;

• is likely to disrupt our service in any way; or

• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or

• advocates, promotes or assists any violence or any unlawful act.

• is unlawful, illegal or unauthorized;

• is defamatory of any other person;

• is obscene, sexually explicit or offensive;

• advertises or promote any other product or business;

• is likely to harass, upset, embarrass, alarm or annoy any other person;

• is likely to disrupt our service in any way; or

• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

• infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or

• advocates, promotes or assists any violence or any unlawful act.

15. Third Party Links

The App may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including those of the Vendors (collectively “External Applications”) for your convenience. We are not and cannot be responsible for the External Applications’ content, operation or use. Your use of External Applications is subject to the privacy practices and terms of use established for the External Applications, and we disclaim all liability for such use. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Applications, which you use at your own risk.

16. Disclaimer of Warranties

We provide the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Crave Up Inc does not warrant or make any representation regarding the validity, accuracy, reliability or availability of its Services, the App or its content. To the fullest extent permitted by applicable law, Crave Up Inc hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the Services and/or App is of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the Services and/or App by you is in compliance with laws or that any information that you transmit in connection with the Services and/or App will be successfully, accurately or securely transmitted.

17. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Crave Up Inc NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE APP OR SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SERVICES IS TO DISCONTINUE USE OF THE SERVICES AND WITH RESPECT TO THE APP IS TO STOP USING THE APP, AS APPLICABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the App exceed $100.

18. Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its choice of law principles. In the event arbitration does not apply, we and you irrevocably submit to the jurisdiction of the state and federal courts of Los Angeles County, California with regard to any dispute arising out of or relating to these Terms.

19. Arbitration Provision

You and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the Services or the App will be determined by mandatory binding individual (not class) arbitration. You and Crave Up Inc further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorneys’ fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms. You and Crave Up Inc both agree that nothing in this Section 19 will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Section 19 does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa). YOU AND Crave Up Inc 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 ACTION. Unless both you and Crave Up Inc agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Either you or we may start arbitration proceedings. Any arbitration between you and Crave Up Inc will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Section 19. You and Crave Up Inc agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or Crave Up Inc may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If you choose to file an arbitration proceeding and you are required to pay a filing fee, Crave Up Inc will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Crave Up Inc will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall 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 fourteen (14) days of the arbitrator’s ruling on the merits. If this Section 19 is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in these Terms shall govern any claim in court arising out of or related to these Terms.

20. Time Limitation on Claims

You agree that any claim that you may have regarding the Terms, the App, Products or Services must be initiated either by way of arbitration or a complaint in court not later than one (1) year from the date that claim accrued.

21. Release

You hereby release Crave Up Inc, its affiliates and each of their officers, directors, employees, and agents and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Products or App. If you are a California resident, you hereby waive California Civil Code Section 1542, 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.”

22. Force Majeure

Crave Up Inc shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, pandemics, epidemics, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23. General

These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Crave Up Inc with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by Crave Up Inc as provided herein or otherwise by written instrument signed by Crave Up Inc. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you, whether by operation or law or otherwise, except with Crave Up Inc’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Crave Up Inc may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

24. Electronic Communications

When you register an Account or use the App to order Products, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website or the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

25. Contact Us

If you have any questions, complaints or claims with respect to the Services or App, please contact us at: support@craveup.com We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

26. Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.