Mealz Concepts, Inc.
Last Updated: April 1, 2026
This website and related online services (collectively, the "Website" or "Platform") are owned, operated, licensed, or controlled by Mealz Concepts, Inc. ("Mealz," "we," "us," or "our") and are provided for your personal or organizational use, subject to these Terms and Conditions of Use ("Terms").
The use of "you" or "your" refers to any individual or entity accessing or using the Platform, including browsing, submitting inquiries, creating an account, or placing, managing, or supporting meal orders, catering orders, group dining arrangements, or reservations.
By accessing, using, browsing, or downloading any materials from the Platform, you agree to be bound by these Terms without limitation or qualification. If you do not agree, do not use the Platform.
Mealz reserves the right to modify these Terms at any time. The most current version will be posted on the Platform, and your continued use constitutes acceptance of any changes.
You represent that you are at least 18 years of age, or are an emancipated minor or have legal parental or guardian consent, and are fully able and competent to enter into these Terms. The Platform is not intended for children under 13.
If you use the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Mealz provides a technology platform that allows users to discover restaurants, coordinate group dining, request catering or meal orders, facilitate reservations, and receive order-related communications.
Mealz is not a restaurant, caterer, food preparer, or delivery service. Restaurants, venues, caterers, and food providers ("Food Providers") are independent third parties. Delivery services or restaurant-provided delivery ("Deliverers") are also independent third parties.
Mealz does not control, verify, or guarantee:
You acknowledge that all food-related services are performed solely by the Food Provider and/or Deliverer, and Mealz is not responsible for their acts or omissions. Further, you understand and agree that Mealz is not liable for any losses, damages, liabilities, lawyers' fees, or other expenses caused by the acts or omissions of a Food Provider or Deliverer.
Certain features may require account creation. You agree to provide accurate, complete, and current information and to keep login credentials secure.
You are responsible for all activity occurring under your account and must notify Mealz immediately of any unauthorized use.
As long as you comply with these Terms and we have not otherwise revoked your right, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Platform only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including the Mealz Privacy Policy and these Terms. We may revoke this license at any time, in our sole discretion, for any or no reason. Upon any such revocation, you must immediately cease all access and use of the Platform.
You agree not to (and not to allow any third party to):
All content on the Platform (including text, graphics, logos, interfaces, software, and layout) is owned by or licensed to Mealz and protected by intellectual property laws. You may download a single copy of content for personal, non-commercial use only, provided proprietary notices are not removed.
The Platform may permit you to submit reviews, comments, feedback, photos, or other materials ("User Submissions"). By submitting User Submissions, you grant Mealz a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, display, distribute, and create derivative works from such submissions in connection with the Platform and Mealz' business.
You represent that:
You agree that you will indemnify, defend, and hold harmless us for all claims resulting from your User Submissions. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
When you submit a rating or review about a Food Provider or Deliverer, you shall ensure that (i) your rating or review is based on your first-hand experience with the Food Provider or Deliverer within the thirty (30) days prior to your rating or review; (ii) you do not have a proprietary or other affiliation with the Food Provider, Deliverer, or any of their competitors or your review or rating does not present a conflict of interest (including, but not limited to, being an employee or agent of the Food Provider or Deliverer); (iii) you do not draw any legal conclusions regarding the Food Provider's or Deliverer's products, services, or conduct; and (iv) your review complies with these Terms. We may remove any rating or review if we determine, in our sole discretion, that it violates these Terms or diminishes the integrity of the ratings and reviews.
You acknowledge and agree that we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Submission for any reason, in our sole discretion. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Submissions, and you agree that you must evaluate and bear all risks associated with your use of and reliance on User Submissions.
By using the Platform, you consent to receive communications from Mealz, including emails, calls, and text messages related to your account, inquiries, orders, reservations, and delivery status.
Marketing messages will be sent only where permitted and subject to opt-out rights. Transactional and operational messages may continue even if you opt out of marketing communications.
When you place an order or request through the Platform, you authorize Mealz or its third-party payment processor to charge your designated payment method. Mealz and its payment processor act as agents of the Food Provider or Deliverer for payment collection. Your payment obligation to the Food Provider or Deliverer is satisfied upon receipt of payment by Mealz or its processor, subject to chargebacks or reversals. Mealz does not store full payment card numbers.
Cancellation and change policies are determined by the Food Provider or Deliverer and disclosed at or before ordering or within the Banquet Event Order (BEO) & Catering Terms & Conditions document presented to you upon placement of an order on the Platform. You may be charged some or all of the order amount depending on those policies.
If an event or delivery cannot be completed due to inaccurate information, unavailability, or failure to receive the order, charges may still apply.
Unless otherwise expressly stated within the Banquet Event Order (BEO) & Catering Terms & Conditions, all payments are final and non-refundable, subject to Food Provider or Deliverer policies and applicable law.
Mealz may establish, modify, or remove service fees, credits, promotions, or discounts at any time. Promotional credits are non-transferable and have no cash value.
Your use of the Platform is subject to the Mealz Privacy Policy, which is incorporated by reference.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MEALZ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MEALZ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT YOUR USE OF THE PLATFORM WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE (INCLUDING THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS).
MEALZ DOES NOT ASSESS OR GUARANTEE THE QUALITY, SUITABILITY, LEGALITY, SAFETY OR ABILITY OF FOOD PROVIDERS, DELIVERERS OR OTHER THIRD-PARTY PROVIDERS. MEALZ RELIES UPON FOOD PROVIDERS AND DELIVERERS TO PROVIDE ACCURATE CALORIC, ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. MEALZ RELIES UPON FOOD PROVIDERS AND DELIVERERS TO PREPARE, SERVE, PACKAGE, TRANSPORT AND DELIVER FOOD SAFELY AND IN ADHERENCE TO FOOD SAFETY CODES. IN ADDITION, MEALZ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL, CALORIC, AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, EVENT OR DELIVERY AVAILABILITY OR DELIVERY AREAS, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, INFORMATION PROVIDED ON THE PLATFORM, AND ANY SERVICE OR PRODUCT REQUESTED THROUGH THE PLATFORM, INCLUDING FOOD AND DELIVERY SERVICES, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL MEALZ, OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE SERVICES PROVIDED ON OR THROUGH THE PLATFORM, YOUR INABILITY TO ACCESS OR USE THE PLATFORM, ANY CONTENT, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE PLATFORM, OR ANY LINK PROVIDED ON THE PLATFORM, YOUR VISIT TO ANY FOOD PROVIDER OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY FOOD PROVIDER OR DELIVERER IN CONNECTION WITH THE PLATFORM. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE MEALZ SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE PLATFORM. IF YOU ARE A RESIDENT OF THE UNITED KINGDOM OR EUROPEAN UNION, THE LIMITATION OF LIABILITY IN THESE TERMS SHALL NOT APPLY TO ANY DAMAGE ARISING FROM OUR WILLFUL MISCONDUCT AND GROSS NEGLIGENCE, NOR SHALL IT APPLY TO DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE FOOD SERVICES YOU HAVE PURCHASED THROUGH THE PLATFORM TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A FOOD SERVICE, $100.
YOU AND MEALZ AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS. YOU AND WE AGREE THAT THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THESE TERMS.
If you are a California resident, you hereby waive California Civil Code § 1542, which states: "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." This release includes the criminal acts of others.
TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MEALZ AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AND REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LAWYERS' FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF (i) YOUR USE OF THE PLATFORM; (ii) YOUR CONNECTION TO THE PLATFORM; (iii) YOUR VIOLATION OF THESE TERMS OR THE MEALZ PRIVACY POLICY; (iv) YOUR VIOLATION OF AN APPLICABLE LAW; (v) YOUR USER SUBMISSIONS, POSTING, OR TRANSMISSION OF USER SUBMISSIONS TO THE PLATFORM; AND/OR (vi) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Mealz may suspend your ability to use all or any element of the Platform immediately, without notice or explanation. Without limiting the foregoing, Mealz may suspend your access to the Platform if we believe you to be in violation of any part of these Terms (including any other Mealz policies including, but not limited to, the Privacy Policy). After any suspension or termination, you may or may not be granted permission to use the Platform. You agree that Mealz shall not be liable to you for any termination of your use of the Platform or for any effects of any termination of your use of the Platform. You are always free to discontinue your use of the Platform at any time. You understand that any termination may involve deletion of any content stored on the Platform for which Mealz will have no liability whatsoever.
The Platform may contain hypertext links to websites and applications operated by parties other than Mealz. Such hypertext links are provided for your reference only, and Mealz does not control such websites and is not responsible for their content. Mealz' inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Mealz assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
For U.S. Customers Only:
Please be aware that this Section 14 contains provisions governing how to resolve disputes between you and Mealz (the "Arbitration Agreement"). Among other things, this Section 14 includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us will be resolved by binding and final arbitration. This Section 14 also contains a class action and jury trial waiver. Please read this Section 14 carefully.
Unless you opt out of the agreement to arbitrate within thirty (30) days: (i) you will only be permitted to pursue disputes or claims and seek relief against us through binding, final arbitration, with limited exceptions, and you waive your right to participate in a class action lawsuit or other representative proceeding or class-wide arbitration; and (ii) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
If you live in the U.S., subject to the terms of this Arbitration Agreement, you and Mealz agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Platform, any communications you receive from Mealz, any products sold or distributed through the Platform, or these Terms and prior versions of these Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (x) you and Mealz may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (y) you or Mealz may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
There might be instances when a Dispute arises between you and Mealz. If that occurs, Mealz is committed to working with you to reach a prompt, low-cost and mutually beneficial resolution. You and Mealz agree to participate in good faith informal efforts to resolve disputes before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution"). You and Mealz agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.
To initiate Informal Dispute Resolution, a party must give notice in writing to the other party ("Notice"). Such Notice to Mealz should be sent by email to legal@mealzconcepts.com or regular mail to our offices located at Mealz Concepts, Inc. Attn: Legal Department, 4700 Millenia Blvd, Suite 400, Orlando, FL 32839. The Notice must include: (i) your name, telephone number, mailing address, and e-mail address associated with your account (if you have one); (ii) the name, telephone number, mailing address and e-mail address of your counsel (if represented by counsel), if any; and (iii) a description of the Dispute. Mealz will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.
The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration. During this period, either party has the option to ask the other to participate in an Informal Dispute Resolution Conference as part of a good faith effort to resolve the Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree. Multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in Informal Dispute Resolution.
YOU AND MEALZ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Mealz are instead electing that all disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the subsection in this Section 14. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under the subsection 14.9 entitled "Mass Arbitration." Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection, "Waiver of Class and Other Non-Individualized Relief," are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Mealz agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Florida.
This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to Section 14.2. If this notice is being sent to Mealz, it must be sent by email to the counsel who represented Mealz in the informal dispute resolution process, or if there was no such counsel, then by mail to Mealz Concepts, Inc. Attn: Legal Department 4700 Millenia Blvd, Suite 400, Orlando, FL 32839.
The arbitration will be conducted by American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, if applicable, its Supplementary Rules for Mass Arbitrations, under its rules and pursuant to the terms of this Agreement. Once the notice certifying completion of the informal dispute resolution conference has been served, the party seeking to arbitrate must then file their arbitration demands with AAA. If the arbitration is filed with a different arbitration provider than the one required by this Agreement, that provider shall immediately dismiss the arbitration demand.
The demand must include (i) the name, telephone number, mailing address, and email address of the party seeking arbitration; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys' fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (D) the signature of the party seeking arbitration. Disputes shall be subject to AAA's most current version of its Arbitration Rules and Fees, available at https://www.adr.org/rules-forms-and-fees/commercial/ or by calling AAA at 800-778-7879. Mealz will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. Payment of all filing, administration, and arbitration fees will be governed by AAA's rules. If the arbitrator finds that you cannot afford to pay the filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees from the applicable arbitration provider, Mealz will pay them for you. Any finding that a claim or counterclaim violates the standards set forth in Federal Rule of Civil Procedure 11 shall entitle the other party to recover their attorneys' fees, costs, and expenses associated with defending against the claim or counterclaim. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68 or a state or local equivalent, if applicable, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made.
To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court resolves that dispute. You may choose to have the arbitration conducted by video conference. The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by applicable law. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Agreement, either party may seek to enjoin the arbitration proceeding in court, and the arbitration shall automatically be stayed pending the outcome of that proceeding.
If a final arbitration award is subject to appellate review in accordance with AAA Appellate Rules, available at https://www.adr.org/rules-forms-and-fees/commercial/, either party may file a notice of appeal within thirty (30) days after the issuance of the final arbitration award. The appeal shall be administered by the AAA and heard by a panel of three (3) appellate arbitrators selected in accordance with the applicable AAA rules. The appellate panel shall review the underlying award for material and prejudicial errors of law and for clearly erroneous determinations of fact, as permitted under such rules.
The appellate panel shall have the authority to affirm, modify, or reverse the arbitration award, in whole or in part, and to remand the matter to the original arbitrator(s) with instructions, if appropriate. The decision of the appellate panel shall be final and binding upon the parties and shall replace, for all purposes, the underlying arbitration award.
Judgment upon the final appellate award may be entered in any court of competent jurisdiction. The parties expressly waive, to the fullest extent permitted by law, any right to appeal or seek review of the arbitration award in any court, except as necessary to enforce or confirm the final appellate award or as otherwise required under applicable law.
The arbitrator will be selected by the parties from AAA's roster of consumer dispute arbitrators and must be either a retired United States judge or licensed attorney in the state in which the arbitration is being administered. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the case filing, then AAA will appoint the arbitrator in accordance with AAA rules, provided that if the Mass Arbitration process under subsection 14.9 is triggered, AAA, without soliciting input or feedback from any party, will appoint the arbitrator for each group.
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individualized Relief," including any claim that all or part of the subsection entitled "Waiver of Class and Other Non-Individualized Relief" is unenforceable, illegal, void or voidable, or that such subsection entitled "Waiver of Class and Other Non-Individualized Relief" has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. 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 award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party's, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with counsel's certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration costs and arbitrators' fees the responding party incurred under the Fee Schedules.
To the fullest extent permitted by applicable law, and notwithstanding any other provision of this Agreement, the parties agree that, in order to promote the fair, efficient, and cost-effective resolution of disputes, the following procedures shall apply in the event that twenty-five (25) or more similar arbitration demands are filed against the same party or related parties by the same or coordinated counsel, or otherwise arise out of the same or substantially similar facts, transactions, or legal issues ("Mass Arbitration").
Any such Mass Arbitration shall be administered by the American Arbitration Association in accordance with its Mass Arbitration Supplementary Rules, as may be amended from time to time, which are found here: https://www.adr.org/rules-forms-and-fees/mass-arbitration/. The parties further agree that the arbitration provider shall have the authority to determine whether the Mass Arbitration procedures apply.
Mealz' updates to these Terms do not provide a new opportunity to opt out of the Arbitration Agreement for Platform users who had previously agreed to a version of Mealz' Terms and did not validly opt out of arbitration. Mealz will continue to honor the valid opt outs of Platform users who validly opted out of the Arbitration Agreement in a prior version of the Terms. If you are a Platform user who creates a Mealz account for the first time on or after the effective date of these Terms, you may opt out of this Arbitration Agreement. If you do so, neither you nor Mealz can force the other to arbitrate as a result of this Agreement. To opt out, you must notify Mealz in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Mealz username (if any), the email address you currently use to access your Mealz account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: legal@mealzconcepts.com. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
This Arbitration Agreement will survive any termination of your relationship with Mealz. Notwithstanding any provision in the Agreement to the contrary, we agree that if Mealz makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Mealz. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. You consent to exclusive jurisdiction and venue in state or federal courts located in Orange County, Florida, except where arbitration applies.
Under no circumstances shall Mealz or its licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
If we fail to insist that you perform any obligations under these Terms, that will not mean that you do not have to comply with your obligations. If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure or breach by you.
Each provision of these Terms operates separately. If any court or relevant authority decides that any provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. This means that unless we say otherwise in these Terms, no one other than you can benefit from the contract set forth between you and us in these Terms.
These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Mealz, and take precedence over any prior agreements between you and Mealz relating to the Platform, except as expressly provided herein.
You may not assign or delegate any rights or licenses granted to you by these Terms. Mealz may assign or delegate any rights or licenses granted to us by these Terms without restriction. These Terms bind and inure to the benefit of your and our successors and those to which you or we have assigned legal responsibilities.
No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Put another way, Mealz is an independent contractor, and you agree that Mealz is not responsible for any information you convey, in any manner, and has no control over any actions you take or statements that you make.
You agree that these Terms, and any other agreements made by and between you and us, in electronic form are as legally binding as if made in physical written form.
If you are using the Platform for or on behalf of the U.S. government, your license rights do not exceed those granted to non-government consumers.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
We may deliver notice to you by email, posting a notice on the Platform, or by any other method we choose. Any such notice will be effective when we send, post, or otherwise dispatch it. If you give notice to us, it will be effective when we receive it by mail at the address set forth in Section 17 below.
If you wish to contact us or have any questions about these Terms, please email us at legal@mealzconcepts.com. You may also contact us by mail at:
Mealz Concepts, Inc.
Attn: Legal Department
4700 Millenia Blvd, Suite 400
Orlando, FL 32839
Email: legal@mealzconcepts.com