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User Agreement

TERMS AND CONDITIONS

Last Updated: May 17, 2017

Thank you for visiting our terms of use agreement (the "Terms of Use"). These Terms of Use govern your use of this website and any branded websites that link to these terms (each, a "Website"), the services and resources enabled therein (each a "Service" and collectively, the "Services"), and each branded application that includes links to these terms (the "Application" together with the Website and Services, the "Properties"), which are provided to you by Olo, Inc. ("Olo") on behalf of the company whose branding is displayed on the Properties (Mybaldwin Perk). This Terms of Use agreement is a legal agreement between you and Olo, and not Mybaldwin Perk.

PLEASE READ THIS TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE OR SERVICES, CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OLO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. 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.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT THE TERMS OF USE ARE SUBJECT TO CHANGE BY OLO IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Olo will make a new copy of the Terms of Use available at the Website and within the Application. We will also update the "Last Updated" date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms of Use will be effective immediately for new users of the Website, the Application and/ or Services and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined below). Olo may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Website, the Application and/ or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Application and/or the Services. Otherwise, your continued use of the Website, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF USE.

1.Use of the Services
1. a.Application License. The Properties are protected by copyright laws throughout the world. Subject to your compliance with these Terms of Use, Olo grants you a limited non-exclusive, non-transferable, revocable license to download, install and use a copy of the Application on a mobile device or computer that you own or control and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple iTunes App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.
2. b.Updates. You understand that the Properties are evolving. As a result, Olo may require you to accept updates to the Properties that you have installed on your computer or mobile device. You acknowledge and agree that Olo reserves the right, in its sole discretion, to modify the Properties from time to time, with or without notice. You may need to update third-party software from time to time in order to use the Properties.
3. c.Branded Company Products. The Properties enable Mybaldwin Perk to offer various food, beverage and other related products ("Products") to you and other users. The Products advertised or otherwise made available for purchase on the Properties are determined solely by Mybaldwin Perk, and Olo shall have no liability to you for any modification, unavailability or discontinuation of any Products.
4. d.Delivery Services. Any delivery service you use, as provided at the option of Mybaldwin Perk, is at your sole discretion and Olo shall have no liability to you for any delivery-related issues.
5. e.Limitations on Your Use of Services. The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Properties; (b) you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the Properties, or any Products accessible through the Services; (c) you shall not 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 the Website; (d) you shall not access the Properties to build a competing or similar website, application or service; and (e) except as expressly stated herein, no part of the Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update or other addition to the Properties shall be subject to these Terms of Use. Olo, its suppliers and services providers, and Mybaldwin Perk reserve all rights not granted in these Terms of Use. Any authorized use of the Properties terminates the licenses granted by Olo hereunder.
2.Eligibility and Registration
1. a.Registering Your Account. In order to access certain features of the Properties you may be required to become a Registered User. For purposes of the Terms of Use, a "Registered User" is a user who has registered an account on the Website or Application ("Account"), has a valid account with a third party service or social networking service ("SNS") through which the User has connected to the Services (each such account, a "Third-Party Account").
2. b.Access Through a SNS. If you access the Services through a SNS as part of the functionality of the Website, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Olo 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 Olo and/or grant Olo 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 Olo to pay any fees or making Olo subject to any usage limitations imposed by such third-party service providers. By granting Olo access to any Third-Party Accounts, you understand that Olo 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 Properties ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Properties via your Account. Unless otherwise specified in the Terms of Use, all SNS Content is, as between you and Olo, 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 Properties. Please note that if a Third-Party Account or associated service becomes unavailable or the Olo’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 Properties. 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 OLO DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE 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. Olo makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Olo is not responsible for any SNS Content.
3. c.Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the "Registration Data"); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. 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 Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. 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 Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify Olo 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 Olo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Olo has the right to suspend or terminate your Account and refuse any and all current or future use of the Properties (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 Properties if you have been previously removed by Olo, or if you have been previously banned from any of the Properties.
3.Termination
If you materially breach the terms of this Terms of Use, Olo may suspend your ability to use the Properties or may terminate this Term of Use effective immediately, with or without notice to you. If you want to terminate this Terms of Use, you may do so by (a) notifying Olo at any time, and (b) closing your Account for all Services that you use. Your notice should be sent, in writing, to Olo’s address set forth below. Upon termination of these Terms of Use, your right to use the Services will automatically terminate immediately. Olo will not have any liability whatsoever to you for any suspension or termination. All provisions of these Terms of Use, which by their nature should survive, shall survive termination of the Terms of Use, including without limitation, ownership provisions, warranty disclaimers and limitation of liability.
4.Payment and Billing
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from Mybaldwin Perk 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 Olo with a valid credit card (Visa, MasterCard, American Express, Discover, or any other issuers accepted by us), charge card, Mybaldwin Perk-specific gift card or Mybaldwin Perk-specific cash card ("Payment Provider"). You acknowledge and agree that for each order you place through the Service, 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 Service 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 Service 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 Website. You agree to immediately notify Olo of any change in your billing address or the credit card used for payment hereunder.
5.Refund Policy
You acknowledge that Olo 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 Mybaldwin Perk 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.
6.Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PROPERTIES IS AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OLO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. OLO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND OLO MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OLO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
7.Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL OLO, Mybaldwin Perk, ANY THIRD PARTY PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE PROPERTIES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS TERMS OF USE AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF OLO TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PROPERTIES OR PRODUCTS, EXCEED TO ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
8.Indemnification
You agree to indemnify, defend and hold harmless the Olo, Mybaldwin Perk, and each of their agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) resulting or arising 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 Properties, (c) your violation of this Terms of Use, (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.
9.Intellectual Property Ownership
Except for the content and information you upload to the Services, you agree that Olo and its suppliers (including Mybaldwin Perk) own all rights, title and interest in the Properties, 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 Olo and/or its affiliates, licensors (including Mybaldwin Perk) and/or licensees. You are not authorized to use any such Marks.
10.App Stores
You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iTunes or Google Play app stores ("App Store"). You acknowledge that the Terms of Use are between you and Olo and not with the App Store. Olo, not the App Store, is solely responsible for the Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Properties, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.
11.Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this Arbitration Agreement carefully. It is part of your contract with Olo and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1. a.Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of any product or service provided by Olo that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Olo, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Use.
2. b.Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Olo should be sent to: 26 Broadway, 24th Floor, New York, NY 10004. After the Notice is received, you and Olo may attempt to resolve the claim or dispute informally. If you and Olo do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
3. c.Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
4. d.Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
5. e.Time Limits. If you or Olo pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
6. f.Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Olo, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Olo.
7. g.Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. 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 the event any litigation should arise between you and Olo in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND OLO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
8. h.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, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
9. i.Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
10. j.Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
11. k.Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
12. l.Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Olo.
13. Small Claims Court. Notwithstanding the foregoing, either you or Olo may bring an individual action in small claims court.
14. m.Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
15. n.Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
16. o.Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County, New York, for such purpose.
12.Choice of Law
These Terms of Use are governed by U.S. federal law and/or laws of the state of New York, consistent with the Federal Arbitration Act, without resort to conflict of law provisions.
13.Notice. Where Olo requires that you provide an e-mail address, you are responsible for providing Olo with your most current e-mail address. In the event that the last e-mail address you provided to Olo is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, Olo’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Olo only at the following address: Olo, Inc. d/b/a Olo, 26 Broadway, 24th Floor, New York, NY 10004. Such notice shall be deemed given when received by Olo by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
14.Waiver. Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.Severability. If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.Export Control. You may not use, export, import, or transfer the Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Properties, and any other applicable laws. In particular, but without limitation, Olo Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Olo Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Olo products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
17.Electronic Communications. The communications between you and Olo use electronic means, whether you visit the Properties or send Olo e-mails, or whether Olo posts notices on the Olo Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Olo in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Olo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
18.Release. You hereby release Olo, 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 Properties, 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 of Use or your use of the Properties. 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.
19.Assignment. The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Olo’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
20.Force Majeure. Olo 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, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21.Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Properties, please contact us at: Olo, Inc. d/b/a Olo, 26 Broadway, 24th Floor, New York, New York 10004. 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.
22.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.
23.Entire Agreement. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Privacy Policy

Last Updated: March 13, 2020

Olo Inc. ("Olo") and the company whose branding is displayed on the website ("Site") and/or mobile application ("Application") that links to this Privacy Policy (the "Branded Company") respect the privacy of Site and Application (collectively, "Services") users.

This Privacy Policy is intended to inform you of the policies and practices regarding the collection, use and disclosure of any personal information that Olo collects from or about users in connection with the Services. Olo provides the Services to users on behalf of the Branded Company, as a service provider and data processor. This Privacy Policy does not apply to any websites, mobile applications or other online services that do not link to this policy, including other services provided by the Branded Company. To the extent Olo shares personal information with the Branded Company as this Privacy Policy describes, this Privacy Policy does not apply to the Branded Company's subsequent use of that information.

INTERNATIONAL DATA TRANSFERS AND PRIVACY SHIELD

If you are a non-U.S. user of the Services, by using the Services and providing us with data, you acknowledge and agree that your personal information may be processed outside the country in which it was collected, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you acknowledge such transfer.

Olo complies with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from the EU and/or Switzerland. Please visit our Privacy Shield Statement for more information on our Privacy Shield certification.

THE TYPES OF INFORMATION OLO COLLECTS

Olo collects information from you in various ways when you access or use the Services. Olo collect personal information from you in the following ways:

(a) Personal Information You Provide to Us. For example:

Olo may collect personal information from you, such as your first and last name, address, e-mail, telephone number and when you create an account ("Account").
The Services allow you to store preferences such as your location, recent orders and favorite menu items in order to make it more convenient for you to place additional orders in the future.
When you order menu items from the Branded Company on our Services, Olo will collect all information necessary to complete the transaction, including your name and payment information. Olo may store this information on our servers, in order to make it easier for you to place orders for the Branded Company's menu items in the future. Olo does not store your payment information on our servers, but stores a secure "token" that helps facilitate a secure payment transaction on the Branded Company Services.

If you provide feedback or contact Olo via email, Olo will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
Olo also collects other types of personal information that you provide voluntarily, such as any information requested by Olo if you contact Olo via email regarding support for the Services.

(b) Personal Information Collected Via Technology. Olo collects certain information from you automatically when you access and use the Services as described below:

Information Collected by our Servers. To make the Services more useful to you, Olo servers (which may be hosted by a third party service provider) collect information from you, including the referring/exit pages, your browser type, domain name, date/time stamp for your visit and your Internet Protocol (IP) address (a number that is automatically assigned to your computer or device when you use the Internet). Olo uses this information to analyze trends, administer the Services, monitor for fraudulent activities using fraud management tools, and better tailor the Services to users' needs.
Cookies. Like many online services, Olo uses cookies to collect information on the Sites. "Cookies" are small pieces of information that a web site sends to your computer's hard drive while you are viewing a web site. Olo may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Sites. This type of information is collected to make the Services more useful to you and to tailor your experience with the Services to meet your special interests and needs.
Mobile Services. We may also collect information from your mobile device if you have downloaded a Branded Company's Application. This information is generally used to help deliver the most relevant information to you. Examples of information that may be collected and used include your general geographic location, how you use the Application(s), and information about the type of device you use. In addition, in the event the Application crashes your mobile device, Olo will receive information about your mobile device model, software version and device carrier, to identify and fix bugs and otherwise improve the performance of the Application. This information is sent to Olo as aggregated information. The aggregated information is not used to identify an individual.
Third Party Analytics. Olo uses third party service providers such as Google Analytics to help analyze how users use the Services ("Analytics Companies"). These Analytics Companies use Cookies and other tracking technologies to collect information such as how often users visit the Site, what pages they visit and for how long, what other sites they used prior to coming to the Site, and other engagement data. Olo uses the information we get from these Analytics Companies to evaluate and improve the Services. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics' data privacy and security at the following links:

https://policies.google.com/technologies/partner-sites
https://support.google.com/analytics/topic/2919631

(c) Facebook and other Social Networking Services. The Services may allow users to access Facebook and other social networking sites (each, an "SNS") to interact with and share their experiences with the Branded Company's products and services with their friends. If you are not a registered user of the Services, you can create an Account by clicking on "Sign In" using Facebook or another SNS that we support, and then entering your SNS login credentials. In this case, Olo may receive information from Facebook or another SNS to make it easier for you to create an Account on the Services. Once you register on the Services and connect with Facebook or another SNS, you will be able to automatically post recent activity back to Facebook or the other SNS. The information that your Facebook or other SNS account provides to Olo may depend on the privacy settings you have with that SNS, so please consult the SNS's privacy and data practices.

(d) Location Information. If you have enabled location services on your phone and agree to the collection of your location when prompted by the Services, Olo will collect your location information when you use the Services; for example, to locate those restaurants and locations of the Branded Company that are near you or when you "check in" via the Services. If you do not want Olo to collect this information, you may decline the collection of your location when prompted, or adjust the location services settings on your device.

HOW OLO USES YOUR INFORMATION

(a) General Use. In general, Olo uses your personal information to respond to your requests as submitted through the Services, to provide you the Services you request, or to help serve you better. Olo uses your personal information in the following ways:

facilitate the creation of, and secure and maintain your Account;
identify you as a legitimate user in Olo's system;
provide improved administration of the Site, Application and Services;
provide the Services you request;
improve the quality of experience when you interact with the Site, Application and Services;
send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
send you administrative e-mail notifications, such as security or support and maintenance advisories;
call or send you an SMS message about your order status or any issues with your order (e.g., food being prepared); and,
send surveys, offers, and other promotional materials related to the Services at the Branded Company's request or direction.

(b) Creation of Non-Identifiable Data. Olo may create de-identified information records from personal information by excluding certain information (such as your name) that makes the information personally identifiable to you. Olo may use this information, in a form that does not personally identify you to analyze request patterns and usage patterns to enhance Olo's products and services. Olo reserves the right to use and disclose non-identifiable information to third parties in its discretion.

DISCLOSURE OF YOUR PERSONAL INFORMATION

Olo discloses your personal information as described below and as described elsewhere in this Privacy Policy.

(a) At the Direction of the Branded Company. Olo may share your information with the Branded Company or with third parties at the direction of the Branded Company. For example, when you use the Services to place orders, Olo will transmit your information to the Branded Company location you designate, or to the Branded Company's third party services providers or partners, as directed by the Branded Company, to facilitate your order. Other than as described in this Privacy Policy in connection with the Services, this Privacy Policy does not apply to the processing of your information by the Branded Company or third parties with whom Olo shares information at the Branded Company's direction.

BECAUSE OLO DOES NOT CONTROL THE PRIVACY PRACTICES OF THE BRANDED COMPANY, YOU SHOULD READ AND UNDERSTAND THE BRANDED COMPANY'S PRIVACY POLICIES.

(b) Third Party Service Providers. Olo may share your personal information with third party service providers that perform services for or on behalf of Olo, for the purposes described in this Privacy Policy, including: to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of Accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to Olo. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.

(c) Affiliates. Olo may share some or all of your personal information with its parent company, subsidiaries, joint ventures, or other companies under common control ("Affiliates"), in which case Olo will require its Affiliates to honor this Privacy Policy.

(d) Corporate Restructuring. Olo may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction involving the sale, transfer, divestiture, or disclosure of all or a portion of Olo's business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If Olo's company, business or assets is acquired by another company, that company will possess the personal information collected by Olo and the company will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

(e) Social Networking Sites ("SNS"). Olo's Application and Services may enable you to post content to SNSs (e.g. Facebook and Twitter). If you choose to do this, Olo will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. Olo will not be liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

(f) Other Disclosures. Regardless of any choices you make regarding your personal information, Olo and its U.S. and other foreign service providers may disclose your personal information if Olo believes in good faith that such disclosure is necessary (a) to comply with relevant laws or to respond to subpoenas, warrants, or other legally valid inquiries or orders served on Olo; (b) to protect and defend the rights or property of Olo, the Branded Company or users of the Services; (c) in connection with a legal investigation; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Olo's Terms of Use, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities.

SAFEGUARDS AND RETENTION

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements.

We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business requirements.

A NOTE ABOUT CHILDREN

The Services are not directed towards individuals under the age of 13, and Olo does not intentionally gather personal information about visitors who are under the age of 13. Furthermore, Olo does not intentionally allow visitors under the age of 18 to register for the Services. If a child under 13 submits personal information to Olo and Olo learns that the personal information is the information of a child under 13, Olo will attempt to delete the information as soon as possible. If you believe that Olo might have any personal information from a child under 13, please contact Olo at: One World Trade Center, 82nd Floor, New York, NY 10007.

LINKS TO OTHER SITES

The Site may contain links to third party websites. When you click on a link to any other website or location, you will leave the Site and go to another site and another entity may collect personal and/or anonymous information from you. Olo's provision of a link to any other website or location is for your convenience and does not signify Olo's endorsement of such other website or location or its contents. Olo has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites. We encourage you to read the privacy policy of every website you visit.

YOUR CHOICES REGARDING YOUR INFORMATION

You have several choices regarding use of information on the Services.

(a) Cookies. If you decide at any time that you no longer wish to accept cookies from the Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser's technical information. If you do not accept cookies, however, you may not be able to use all or portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let Olo know at the contact information provided below.

(b) De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your Account, then you may close your account with the Branded Company. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.

(c) Application. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

(d) How We Respond to Do Not Track Signals. Some web browsers transmit "do not track" signals to the websites and other online services with which your web browser communications. There is currently no standard that governs what, if anything, websites should do when they receive these signals. Olo currently does not take action in response to these signals. If and when a standard is established, Olo may revise its policy on responding to these signals.

(e) Access, Update, or Correct Your Information. Subject to limited exceptions under applicable law, you may request to review, correct inaccuracies, and/or update your personal information Olo's custody and control by submitting a request to privacy@olo.com. or by writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.

(f) Opting Out of Email and SMS Communications. If you have signed-up to receive our email marketing communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the email or other electronic communication. Alternatively, you can opt out of receiving our marketing communications by contacting us at the contact information under “Contact Us” below. If you provide your phone number through the Services, Olo may send you notifications by SMS, such as to alert you of a problem with your order or to notify you that your delivery is on its way. You may opt out of SMS communications by unlinking your mobile phone number through the Site.

(g) Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to Olo's collection of location information, you may no longer be able to use some features of the Services.

YOUR CALIFORNIA PRIVACY RIGHTS

(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California customer") may request information about whether the business has disclosed personal data to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California customers should visit the Branded Company's website for further information on how to submit a request or, if applicable, opt out of the Branded Company's sharing of the customers' personal data with third parties for those parties' direct marketing purposes.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision. Olo will notify you of any material changes in its collection, use, or disclosure of your personal information by posting a notice on the Site and within the Application. Any material changes to this Privacy Policy will be effective thirty (30) calendar days following notice of the changes on the Site and within the Application. These changes will be effective immediately for new users of the Services. If you object to any such changes, you must notify Olo prior to the effective date of such changes that you wish to deactivate your Account. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes.

CONTACT OLO

If you have any questions or complaints about this Privacy Policy or Olo's data collection or processing practices, or if you want to report any security violations to Olo, please contact Olo by email at: privacy@olo.com; or by mail at:

[Insert contact title/position]

Olo
One World Trade Center, 82nd Floor
New York, NY 10007 USA

NOTICE TO CALIFORNIA USERS

We are providing this supplemental privacy notice to California users on behalf of the Branded Company, pursuant to the California Consumer Privacy Act of 2018 ("CCPA"). Please note that as a service provider handling personal information on behalf of the Branded Company, Olo is not required to provide a CCPA notice. This notice does not apply to individuals with whom Olo engages in the individuals' capacity as representatives of businesses that may provide services to Olo, or to which Olo may provide its services including any user who visits www.olo.com, which is designed only for businesses and not for individuals' use in their personal or household capacity.

The Branded Company is prohibited from selling personal information through the Olo Services. As set out in this Privacy Policy, we, our service providers and partners use cookies and other tracking technologies to analyze website traffic and facilitate advertising. Please visit the Branded Company's homepage for further details about its privacy practices.

The CCPA grants California residents the following rights.

Information. You can request information about how the Branded Company has collected, used and shared your personal information through the Olo Services during the past 12 months.
Access. You can request a copy of the personal information that Olo maintains about you on behalf of the Branded Company.
Deletion. You can ask to delete the personal information that Olo maintains about you on behalf of the Branded Company
Opt-out of sale of your personal information. While Olo does not allow the Branded Company to sell personal information through the Olo Services, we offer instructions on how to limit online tracking.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing

certain sensitive information in response to an access request and limiting the circumstances in which

they must comply with a deletion request.

You are entitled to exercise the rights described above free from discrimination.

Here is how you can submit requests:

To request access to or deletion of personal information, visit the Branded Company's website.
To learns how to limit tracking visit Online Tracking Opt-out Guide.
Identity verification. CCPA requires verification of the identity of the individual submitting the request. For identity verification requirements, visit the Branded Company's website.
Authorized agents. California residents can empower an "authorized agent" to submit requests on their behalf.

Online-Tracking Opt Out Guide

CCPA Tracking Opt-Out Guide

We use services provided by third parties that collect device data and online activity data from individuals who visit our website or use the app to analyze website traffic and facilitate advertising, such as Google and Facebook.

There are a number of ways to opt-out, which we have summarized below.

Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. See more at www.allaboutcookies.org.

Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

Using privacy plug-ins or browsers. You can block our site from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins, like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.

Platform opt-outs. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising. We have included the applicable links below to facilitate this election if you choose to do so:

Google: https://adssettings.google.com
Facebook: https://www.facebook.com/about/ads

Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

Digital Advertising Alliance: http://optout.aboutads.info
Network Advertising Initiative: http://optout.networkadvertising.org/?c=1

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