Lunch Bunch
Terms of Use
Effective date: April 2, 2021
Welcome to Lunch Bunch. Please read on to learn the rules and restrictions that govern your use of our
website(s), products, services and applications (the “Services”), including, without limitation, any request to
receive information about, or to purchase any of the products (including, but not limited to, food and beverages)
made available through our website(s) (each, a “Product”). Your purchase of any Products will also be governed
by any other terms made available by us to you during the sales process. If you have any questions, comments,
or concerns regarding these terms or the Services, please contact us at:
Email: [email protected]
Address: 125 Nevada St. El Segundo CA 90245
These Terms of Use (the “Terms”) are a binding contract between you and LUNCH BUNCH, CO. (“Lunch Bunch,”
“we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these
Terms will remain in effect while you use the Services. These Terms include the provisions in this document as
well as those in the Privacy Policy <https://lunch-bunch.com/policies/privacy-policy>, and any other
accompanying terms and conditions of sale entered into between you and us for the sale of any Products. Your
use of or participation in certain Services may also be subject to additional policies, rules and/or conditions
(“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using
or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any
charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms,
automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead
of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING
TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN
ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN
THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Products and Services, so these Terms may need to change along with
our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a
notice on our site located at lunch-bunch.com, send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer
be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that
means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be
effective unless in writing and signed by both you and us.
What about my privacy?
Lunch Bunch takes the privacy of its users very seriously. For the current Lunch Bunch Privacy Policy, please
click here <https://lunch-bunch.com/policies/privacy-policy>.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental
consent before they knowingly collect personally identifiable information online from children who are under 13
years of age. We do not knowingly collect or solicit personally identifiable information from children under 13
years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the
Services or send us any personal information. If we learn we have collected personal information from a child
under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13
years of age may have provided us personal information, please contact us at [email protected].
What are the basics of using Lunch Bunch?
You may be required to sign up for an account, select a password and user name (“Lunch Bunch User ID”), and
provide us with certain information or data, such as your contact information. You promise to provide us with
accurate, complete, and updated registration information about yourself. You may not select as your Lunch
Bunch User ID a name that you do not have the right to use, or another person’s name with the intent toimpersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve
received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to
agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity,
you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s
behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except
for in this sentence, refer to that organization or entity).
You will only use the Services and Products you obtain for your own internal, personal, non-commercial use, and
not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply
to you. If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use
the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the
law.
You will not share your Lunch Bunch User ID, account or password with anyone, and you must protect the
security of your Lunch Bunch User ID, account, password and any other access tools or credentials. You’re
responsible for any activity associated with your Lunch Bunch User ID and account.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Lunch
Bunch sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome
message and instructions on how to stop receiving messages. By signing up for the Services and providing us
with your wireless number, you confirm that you want Lunch Bunch to send you information that we think may
be of interest to you, which may include Lunch Bunch using automated dialing technology to text you at the
wireless number you provided, and you agree to receive communications from Lunch Bunch, and you represent
and warrant that each person you register for the Services or for whom you provide a wireless phone number
has consented to receive communications from Lunch Bunch. You agree to indemnify and hold Lunch Bunch
harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and
expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User
Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in
a manner that:
(a) infringes or violates the intellectual property rights or any other rights of anyone else (including Lunch
Bunch);
(b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws
or any other purpose not reasonably intended by Lunch Bunch;
(c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise
objectionable;
(d) jeopardizes the security of your Lunch Bunch User ID, account or anyone else’s (such as allowing someone
else to log in to the Services as you);
(e) attempts, in any manner, to obtain the password, account, or other security information from any other user;
(f) violates the security of any computer network, or cracks any passwords or security encryption codes;
(g) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or
are activated while you are not logged into the Services, or that otherwise interfere with the proper working of
the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through
use of manual or automated means);
(i) copies or stores any significant portion of the Content; or
(j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or
information of or relating to the Products or Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text,
graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the
foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to
abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you
access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast,
transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose
any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that
violates someone else’s (including Lunch Bunch’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and
non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the
Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using
the Services is expressly prohibited without prior written permission from us. You understand that Lunch Bunch
owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except
as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content, but please remember that even where these
functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Lunch Bunch or to other
users?
User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”.
Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you
contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-
to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User
Submissions that: (i) infringe any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
(ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content
or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence;
(vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level
marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home
businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where
applicable), you grant us certain rights in those User Submissions (see below for more information). Please note
that all of the following licenses are subject to our Privacy Policy<https://lunch-bunch.com/policies/privacy-
policy> to the extent they relate to User Submissions that are also your personally-identifiable information.
By submitting User Submissions through the Services, you hereby do and shall grant Lunch Bunch a worldwide,
non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify,
truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully
exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’)
businesses, including without limitation for promoting and redistributing part or all of this site or the Services
(and derivative works thereof) in any media formats and through any media channels (including, without
limitation, third party websites and feeds), and including after your termination of your account or the Services.
You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license
to access your User Submissions through this site and/or the Services, and to use, edit, modify, reproduce,
distribute, prepare derivative works of, display and perform such User Submissions, including after your
termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not
affect your other ownership or license rights in your User Submissions, including the right to grant additional
licenses to your User Submissions, unless otherwise agreed in writing. You represent and warrant that you have
all rights to grant such licenses to us without infringement or violation of any third party rights, including without
limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual
property or proprietary rights.
Certain features of the Services allow you to share information with others, including through your social
networks or other services where you have an account (“Third Party Accounts”). When Content is authorized for
sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute
it, usually by providing a “share” button on or near the Content. If you share information from the Services with
others through your Third Party Accounts, such as your social networks, you authorize Lunch Bunch to share that
information with the applicable Third Party Account provider. Please review the policies of any Third Party
Account providers you share information with or through for additional information about how they may use your
information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you
must edit or delete it promptly upon our request.
Finally, you understand and agree that Lunch Bunch, in performing the required technical steps to provide the
Services to our users (including you), may need to make changes to your User Submissions to conform and
adapt those User Submissions to the technical requirements of connection networks, devices, services, or media,
and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the
right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has
been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users
and (2) remove and discontinue service to repeat offenders.
(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or
accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized
to act on behalf of), please send a notice of copyright infringement containing the following information to Lunch
Bunch’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose
contact details are listed below):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that
has been allegedly infringed;
(b) Identification of works or materials being infringed;
(c) Identification of the material that is claimed to be infringing including information regarding the location of
the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company
is capable of finding and verifying its existence;
(d) Contact information about the notifier including address, telephone number and, if available, email address;
(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized bythe copyright owner, its agent, or the law; and
(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party
is authorized to make the complaint on behalf of the copyright owner.
(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a
proper notice of copyright infringement, we reserve the right to:
(a) remove or disable access to the infringing material;
(b) notify the content provider who is accused of infringement that we have removed or disabled access to the
applicable material; and
(c) terminate such content provider’s access to the Services if he or she is a repeat offender.
(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the
material that was removed (or to which access was disabled) is not infringing, or the content provider believes
that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or,
pursuant to the law, the content provider may send us a counter-notice containing the following information to
the Designated Agent:
(a) A physical or electronic signature of the content provider;
(b) Identification of the material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or disabled;
(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material; and
(d) Content provider’s name, address, telephone number, and, if available, email address, and a statement that
such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content
provider’s address is located, or, if the content provider’s address is located outside the United States, for any
judicial district in which Company is located, and that such person or entity will accept service of process from
the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the
counter-notice to the original complaining party informing that person that Company may replace the removed
material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court
order against the content provider accused of committing infringement, the removed material may be replaced
or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s
discretion.
Please contact Lunch Bunch’s Designated Agent at the following address:
Lunch Bunch, Inc.
Attn: DMCA Designated Agent
125 Nevada St El Segundo CA 90245
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole
responsibility of the person from whom such Content originated, and you access all such information and
Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for
any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any
action regarding how you may interpret and use the Content or what actions you may take as a result of having
been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired
Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the
Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and
warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or
controlled by Lunch Bunch. When you access third-party websites or use third-party services, you accept that
there are risks in doing so, and that Lunch Bunch is not responsible for such risks.
Lunch Bunch has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or
practices of or opinions expressed in any third-party websites or by any third party that you interact with
through the Services. In addition, Lunch Bunch will not and cannot monitor, verify, censor or edit the content of
any third-party site or service. We encourage you to be aware when you leave the Services and to read the
terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using
the Services, you release and hold us harmless from any and all liability arising from your use of any third-party
website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and
delivery of goods or services, and any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such organizations and/or individuals. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any
of these third parties. You agree that Lunch Bunch shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you
agree that Lunch Bunch is under no obligation to become involved. In the event that you have a dispute with one
or more other users, you release Lunch Bunch, its directors, officers, employees, agents, and successors from
claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed
or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby dowaive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A
general release does not extend to claims that the creditor or releasing party does not know or suspect to exist
in his or her favor at the time of executing the release and that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.”
Will Lunch Bunch ever change the Services?
We’re always trying to improve our Products and Services, so they may change over time. We may suspend or
discontinue any part of the Services, or we may introduce new features or impose limits on certain features or
restrict access to parts or all of the Services. We reserve the right to remove any Content from the Services at
any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in
violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
Products are offered at the prices set forth on our Product page<https://lunch-bunch.com/pages/join/meal-plan>
(as applicable and as may be updated from time to time), and you may choose to purchase Products through the
lunch-bunch.com website. Lunch Bunch may limit or cancel quantities of Products purchased, and it reserves the
right to refuse any order. In the event Lunch Bunch needs to make a change to an order, it will attempt to notify
you by contacting the email address, billing address, and/or phone number provided at the time the order was
made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject
to change at any time. Sales tax will be determined by the shipping address of the order and will automatically
be added to the order. Lunch Bunch is required by law to apply sales tax to orders to certain states. Purchased
Products will be shipped to the shipping address of the order. Information about our shipping rates and return
policy can be found on our Frequently Asked Questions page<https://lunch-bunch.com/pages/faq> (as
applicable and as may be updated from time to time). Any payment terms presented to you in the process of
purchasing Products are deemed part of these Terms.
Note that if you elect to receive text messages through the Services, data and message rates may apply. Any
and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to
determine what rates, charges, fees or costs may apply to your use of the Services.
a. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment
account linked to your account on the Services (your “Billing Account”). The processing of payments will be
subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms.
Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at
https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not
responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase
Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any
such Products in accordance with the applicable payment terms, and you authorize us, through the Payment
Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment
using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment
Processor makes even if it has already requested or received payment.
b. Payment Method. The terms of your payment will be based on your Payment Method and may be determined
by agreements between you and the financial institution, credit card issuer or other provider of your chosen
Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all
amounts due on your Billing Account upon demand.
c. Recurring Billing. Some of the Products may be sold as a subscription, consisting of an initial period for which
there is a one-time charge, followed by recurring period charges for additional Products as agreed to by you
(“Paid Subscription”). By choosing a Paid Subscription, you acknowledge that such Services have an initial and
recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY
SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU
PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES
SUBMITTED BEFORE WE REASONABLY COULD ACT.
d. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR
YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT
CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR
CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR
PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL
BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR
PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY
CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU
HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.
e. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you
preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the
right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the
scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of
your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more
aggregate charges, including during or at the end of each billing cycle.
f. Auto-Renewal for Paid Subscriptions. Unless you opt out of auto-renewal, any Paid Subscription(s) you have
signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid
Subscription(s) at any time, please contact us at [email protected]. If you terminate a Paid Subscription,
you may use your subscription until the end of your then-current term, and your subscription will not be renewed
after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the
subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE
CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BY
CONTACTING US AT [email protected]. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE
END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE
TERMS, LUNCH BUNCH WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
g. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Subscription reaffirms that we
are authorized to charge your Payment Method for that Paid Subscription. We may submit those charges for
payment and you will be responsible for such charges. This does not waive our right to seek payment directly
from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you
initially selected to use the Paid Subscription.
h. Free Trials and Other Promotions. Any free trial or other promotion that provides access to free Products or
free Paid Subscriptions must be used within the specified time of the trial. You must stop using a Paid
Subscription before the end of the trial period in order to avoid being charged for that Paid Subscription. If you
cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact
us at [email protected].
What if I want to stop using the Services?
You’re free to do that at any time by contacting us at [email protected]; please refer to our Privacy Policy
<https://lunch-bunch.com/policies/privacy-policy>, as well as the licenses above, to understand how we treat
information you provide to us after you have stopped using our Services.
Lunch Bunch is also free to terminate (or suspend access to) your use of the Services or your account for any
reason in our discretion, including your breach of these Terms. Lunch Bunch has the sole right to decide whether
you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind
before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at [email protected]– we will try to
help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of
example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any
limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding
disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Warranty Disclaimer. Lunch Bunch and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities,
and each of their respective officers, directors, members, employees, consultants, contract employees,
representatives and agents, and each of their respective successors and assigns (Lunch Bunch and all such
parties together, the “Lunch Bunch Parties”) make no representations or warranties concerning the Services,
including without limitation regarding any Content contained in or accessed through the Services or any
Products, and the Lunch Bunch Parties will not be responsible or liable for the accuracy, copyright compliance,
legality, or decency of material contained in or accessed through the Services or any claims, actions, suits
procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your
participation in, the Services. The Lunch Bunch Parties make no representations or warranties regarding
suggestions or recommendations of services or products offered or purchased through or in connection with the
Services including, without limitation, any Products. Products and services purchased or offered (whether or not
following such recommendations and suggestions) through the Services are provided “AS-IS” and without any
warranty of any kind from the Lunch Bunch Parties or others (unless, with respect to such others only, provided
expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES,
PRODUCTS AND CONTENT ARE PROVIDED BY LUNCH BUNCH (AND ITS LICENSORS, MANUFACTURERS AND
SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR
OTHERWISE) SHALL ANY OF THE LUNCH BUNCH PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A)
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100)
DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO LUNCH BUNCH IN CONNECTION WITH THE
SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER
BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONSMAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold the Lunch Bunch Parties harmless from and against any and all
claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising
from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a
third party using your account) and any Products, and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or
your Services account, in any way (by operation of law or otherwise) without Lunch Bunch’s prior written
consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable
federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to
arbitrate certain disputes and claims with Lunch Bunch and limits the manner in which you can seek relief from
Lunch Bunch. Both you and Lunch Bunch acknowledge and agree that for the purposes of any dispute arising out
of or relating to the subject matter of these Terms, Lunch Bunch’s officers, directors, employees and
independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your
acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any
dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly
through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such
negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County,
California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined
Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial
experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected
from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered
by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Lunch Bunch will pay all arbitration
fees for claims less than seventy-five thousand ($75,000) dollars. Lunch Bunch will not seek its attorneys’ fees
and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Lunch Bunch may assert claims, if they qualify, in small
claims court in Los Angeles County, California or any United States county where you live or work. Furthermore,
notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue
injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets,
patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND LUNCH BUNCH WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO
TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Lunch Bunch are instead choosing to
have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more
efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any
litigation between you and Lunch Bunch over whether to vacate or enforce an arbitration award, YOU AND
LUNCH BUNCH WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a
judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS
ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS
BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or
consolidated actions is deemed invalid or unenforceable, neither you nor Lunch Bunch is entitled to arbitration;
instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your
decision to opt out to the following address: [ADDRESS] postmarked within thirty (30) days of first accepting
these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone
number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’
arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing
arbitration agreement permits either you or Lunch Bunch to litigate any dispute arising out of or relating to the
subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party,
and both you and Lunch Bunch agree that any judicial proceeding (other than small claims actions) will be
brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal
district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties
contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement
section will be null and void. This arbitration agreement will survive the termination of your relationship with
Lunch Bunch.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other
governmental assessments associated with your activity in connection with the Services, provided that the
Lunch Bunch may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. Thefailure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further
rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be
limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force
and effect and enforceable. You and Lunch Bunch agree that these Terms are the complete and exclusive
statement of the mutual understanding between you and Lunch Bunch, and that these Terms supersede and
cancel all previous written and oral agreements, communications and other understandings relating to the
subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent,
partner, or joint venture of Lunch Bunch, and you do not have any authority of any kind to bind Lunch Bunch in
any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Lunch Bunch
agree there are no third-party beneficiaries intended under these Terms.