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Plate App End User License Agreement PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE MOBILE APPLICATION (“APPLICATION”) ACCOMPANYING THIS LICENSE. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING THE APPLICATION, YOU ARE ENTERING AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE DO NOT CLICK THE “ACCEPT” BUTTON OR DOWNLOAD OR USE THE APPLICATION. This End User License Agreement (“EULA”) is a direct addendum to Apple's standard end user license agreement. If Apple makes changes to the Apple EULA, and the user agrees to the changes, the user does not need to agree to this addendum until it is directly changed. Agreeing to updates to this addendum is automatically done by using the Plate service. If the user does not agree to any part of the EULA, the user must cease all use of the Plate platform. If there are any discrepancies, or conflicts between this EULA and Apple's EULA, this one will take precedence with respect to the Plate platform. By creating an account, making and accepting requests, and generally using the app (Plate), you are agreeing to Apple's EULA, as well as this addendum. 1) When a donation is made, or points are redeemed, all funds are handled by one of our partners. The transaction, and any funds associated with said transaction, have no legal binding to Plate as an app or a company. Reversal, or modification of funds will be handled at our partner's discretion. 2) Any of our partners (Cafeteria companies, Cafeteria Locations (i.e. University where cafeteria company is located), businesses where points can be redeemed at etc.) are not directly affiliated with Plate. Any disputes between our partners and/or users will be handled between the parties affected. Plate is willing to hand over specifically requested information on a case-by-case basis to aid in the creation of an agreement. Plate holds the right to refuse any piece of information without requiring an explanation. 3) By using Plate, you are confirming that you are eighteen (18) years of age or older. Anyone under eighteen (18) years of age is prohibited from using Plate. If a user that is under eighteen (18) is using the app, they still are legally bound by the terms of this agreement as well as the terms defined in Addition A hereto included in this Agreement. If a user that is under eighteen (18) is found to be using the Plate service, their account will be terminated and no compensation for points accumulated on the account will be given. 4) Plate reserves the right to collect usage data on each user, and their behaviors on the app. Individual data will never be shared with partners, and data will remain anonymous when presented. 5) Plate as a company, and an app, is not reliable and/or responsible for the actions of our users, partners, or affiliates. Any disputes between two parties will be handled on a case-by-case basis. 6) Plate reserves the right to refuse service to anyone. This includes both partners and users. 7) Neither party is required to proceed with the transaction at any point until the point of sale occurs. Until the goods are purchased, either party may cancel the transaction at any time until a sale is finalized. 8) Once goods are purchased by the donator, the legal possession of said goods are automatically transferred to the requester. 9) Plate neither confirms nor denies the credibility of transactions in a tax write-off. If you have any questions, please contact our partner where the transaction took place. The donator is free to use their discretion, but they agree that this is done at their own legal risk and that Plate is not affiliated in their decision. 10) The user is required by state and federal law to report all received donations as required by law. Plate holds no responsibility for the failure of its users to comply with any applicable state or federal laws. 11) Termination of this agreement is permissible at any time by the user or by Plate. No reason is required by either party for the termination of the agreement. Once this agreement is terminated, use of Plate will be prohibited until both parties agree upon the EULA. This can be done by creating a new account, provided that the user meets all required criteria advanced by the agreement. 12) DISCLAIMER OF WARRANTIES: YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. PLATE AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, PLATE AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (4) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLATE OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT PLATE HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. 13) LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL PLATE OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD-PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT PLATE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLATE’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 14) Indemnification: You shall indemnify, defend and hold harmless Plate and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and again any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (1) your access to or use of the Application or Third-Party Content and Services; (2) your breach of this License; (3) your violation of law; (4) your negligence or willful misconduct; or (5) your violation of the rights of a third-party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License. 15) Governing Law: This License shall be deemed to take place in the State of California and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. Additions ================= If said user (that is under 18) is affiliated with a dispute between any party associated with Plate, or Plate itself, the user agrees that since they are under eighteen (18) at the time of the dispute, the case holds no value (regardless of whether they are the ones that initiated, or pursued the case), and as such any potential claims have no merit. Plate agrees to assist the user in a professional manner through our dedicated support lines to resolve any issues. Definitions and Interpretations ================= Donation: The act of one user (the donator) paying for another user’s (the requester) meal. EULA: End User License Agreement. Partner: Any company that has a contract in effect with Plate, either a cafeteria hosting Plate, or a business being represented on Plate, offering discounts. Plate: Plate App LLC, referring to the company, and platform. Platform: The apps and services Plate provides, both physically and technologically. Point: A point is plate’s “currency.” Points are used to avoid actual currency transferring through the platform. Points are acquired by donating meals to requesters. One USD is worth 25 points. A point legally holds no monetary value. All value of the points is implied and mutually agreed upon between the user, the partners, and Plate. Request: The act of one user (the requester) creating a request for a donation on the Plate platform. Related Links =============== This EULA complies with all minimum requirements highlighted by this document provided by Apple, which can be found here. https://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ The Apple EULA can be found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/ This EULA is also viewable online at https://www.mbobpro.com/plate/legal/eula