Terms of Service for Bridgit Inc.

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Bridgit, Inc. (“Bridgit”) governing your access to and use of the Bridgit website, including any subdomains thereof, and any other websites through which Bridgit makes the Bridgit Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Bridgit Services”). The Site, Application and Bridgit Services together are hereinafter collectively referred to as the “Bridgit Platform”.

When these Terms mention “Bridgit,” “we,” “us,” or “our,” it refers to Bridgit, Inc., with whom you are contracting with.

If you reside in the United States, you are contracting with Bridgit, Inc., 3585 NE 207 ST C-9 #801432 AVENTURA, FL 33280, United States.


If you change your place of residence, the Bridgit company you contract with will be determined by your new place of residence as specified above, from the date on which your place of residence changes.

 

  • Scope of Bridgit Services

 

1.1 The Bridgit Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer food goods (Members and third parties who offer food goods are “Merchants” and the food goods they offer are “Merchant Boxes”) to publish such Merchant Boxes on the Bridgit Platform (“Listings”) and to communicate and transact directly with Members that are seeking to purchase such Meal Boxes (Members purchasing Meal Boxes are “Customers”). Merchants can be, but are not limited to restaurants, food service providers, vendors, and chefs.

1.2 Bridgit itself is not a Merchant and does not own, operate or control any of the Merchant facilities accessible through the Bridgit Platform. Merchants alone are responsible for their Listings and Meal Boxes. When Members make or accept a listing, they are entering into a contract directly with each other. Bridgit is not and does not become a party to or other participant in any contractual relationship between Members, nor is Bridgit a insurer. Bridgit is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.

1.3 While Bridgit may help facilitate the resolution of disputes, Bridgit has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Meal Boxes, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Bridgit promotional campaign to be made available through the Site, Application or Services), or (iii) the performance or conduct of any Member or third party. Bridgit does not endorse any Member, Listing or Meal Boxes. Any description of a Merchant is not an endorsement, certification or guarantee by Bridgit about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to purchase a Meal Box or to communicate and interact with other Members, whether online or in person.

1.4 If you choose to use the Bridgit Platform as a Merchant, your relationship with Bridgit is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Bridgit for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Bridgit.

1.5 To promote the Bridgit Platform and to increase the exposure of Listings to potential Customers, Listings and other Member Content may be displayed on other webBridgit Platforms, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Bridgit cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Bridgit Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.

1.6 The Bridgit Platform may contain links to third-party webBridgit Platforms or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Bridgit is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Bridgit of such Third-Party Services.

1.7 Due to the nature of the Internet, Bridgit cannot guarantee the continuous and uninterrupted availability and accessibility of the Bridgit Platform. Bridgit may restrict the availability of the Bridgit Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Bridgit Platform. Bridgit may improve, enhance and modify the Bridgit Platform and introduce new Bridgit Services from time to time.

1.8 Meal ingredients. Bridgit makes no guarantee of the ingredients contained in any meal .It is your responsibility to make sure that you can eat all of the ingredients contained in any meal.

1.9 Merchants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including food preparation and safety and menu disclosure; Bridgit is not responsible for the Merchants’ food preparation or safety and does not verify and Merchants’ compliance with applicable laws. In addition, Bridgit does not guarantee the quality of what the Merchants sell, nor does it guarantee the services provided by the Merchant. In addition, Bridgit does not independently verify representations made by Merchants regarding their food, including without limitation any menu or restaurant level descriptors or disclosures.

  1. Eligibility, Using the Bridgit Platform, Member Verification

    2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Bridgit Platform or register a Bridgit Account. By accessing or using the Bridgit Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

    2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor Meal Boxes are 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.

    2.3 Bridgit may make the access to and use of the Bridgit Platform, or certain areas or features of the Bridgit Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or purchase and cancellation history.

    2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

    2.5 The access to or use of certain areas and features of the Bridgit Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Bridgit Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

    2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Bridgit Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

  1. Modification of Terms

3.1 Bridgit reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Bridgit Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Bridgit Platform will constitute acceptance of the revised Terms.

  1. Account Registration

4.1 You must register an account (“Bridgit Account”) to access and use certain features of the Bridgit Platform, such as creating or purchasing a Listing. If you are registering a Bridgit Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an Bridgit Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”).


4.3 You must provide accurate, current and complete information during the registration process and keep your Bridgit Account and public Bridgit Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Bridgit Account unless Bridgit authorizes you to do so. You may not assign or otherwise transfer your Bridgit Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Bridgit Account credentials and may not disclose your credentials to any third party. You must immediately notify Bridgit if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Bridgit Account. You are liable for any and all activities conducted through your Bridgit Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

  1. Content

    5.1 Bridgit may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Bridgit Platform (“Member Content”); and (ii) access and view Member Content and any content that Bridgit itself makes available on or through the Bridgit Platform, including proprietary Bridgit content and any content licensed or authorized for use by or through Bridgit from a third party (“Bridgit Content” and together with Member Content, “Collective Content”).

    5.2 The Bridgit Platform, Bridgit Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Bridgit Platform and Bridgit Content, including all associated intellectual property rights, are the exclusive property of Bridgit and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bridgit Platform, Bridgit Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Bridgit used on or in connection with the Bridgit Platform and Bridgit Content are trademarks or registered trademarks of Bridgit in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Bridgit Platform, Bridgit Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

    5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Bridgit Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bridgit or its licensors, except for the licenses and rights expressly granted in these Terms.

    5.4 Subject to your compliance with these Terms, Bridgit grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Bridgit Platform and accessible to you, solely for your personal and non-commercial use.

    5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Bridgit Platform, you grant to Bridgit a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Bridgit Platform, in any media or platform. Unless you provide specific consent, Bridgit does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 You are solely responsible for all Member Content that you make available on or through the Bridgit Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Bridgit Platform or you have all rights, licenses, consents and releases that are necessary to grant to Bridgit the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Bridgit’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Bridgit’s Content Policy or any other Bridgit policy. Bridgit may, without prior notice, remove or disable access to any Member Content that Bridgit finds to be in violation of these Terms or Bridgit’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Bridgit, its Members, third parties, or property.

5.8 Bridgit respects copyright law and expects its Members to do the same. If you believe that any content on the Bridgit Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

  1. Service Fees

    6.1 Bridgit may charge fees to Merchants (“Merchant Fees”) and/or Customers (“Customer Fees”) (collectively, “Service Fees”) in consideration for the use of the Bridgit Platform.

6.2 By purchasing Meal Boxes, you authorize you authorize Bridgit to charge you for the price of the Meal Boxes, which is set by the Merchant.

6.3 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Merchant or Customer prior to listing or purchasing a Meal Boxes. Bridgit reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.

6.4 You are responsible for paying any Service Fees that you owe to Bridgit. The applicable Service Fees are due and payable and collected by Bridgit Payments pursuant to the Payments Terms. Except as otherwise provided on the Bridgit Platform, Service Fees are non-refundable.

6.5 You are responsible for paying all third party charges and fees associated with connecting and using the Bridgit Platform, including fees such as interest service provider fees, telephone and computer equipment charges, sales tax and any other fees necessary to access the Bridgit Platform.

  1. Billing

7.1 All payments will be handled by Stripe and you must provide a current, valid, accepted method of payment. Generally, such payment for transactions will be charged to the payment method that you indicate through Stripe and will be charged according to the individual agreement with the bank or the credit card company or other payment processing service.

7.2 You may be presented with additional terms related to a specific purchase before you confirm the transaction and those additional terms will also govern that transaction. All balances and all fees, charges, and payments collected or paid are denominated in U.S. currency.

7.3 If a payment is not successfully settled, due to a expiration, insufficient funds, or otherwise, you nonetheless will remain responsible for any uncollected amounts. If Bridgit is unable to charge your Bridgit Account, Bridgit reserves the right, but is not obligated to, to terminate your access to the Bridgit Platform.

7.4 Bridgit’s Credit Policy, unless prohibited by law, allows that in the event of any order error or error in the amount you were charged, you are entitled to credit as long as it is brought to our attention within 50 days of your order date. If you do not raise the issue within 50 days of your order date, you waive the ability to receive credit for any error.

  1. Merchant Specific Terms

    8.1 When creating a Listing through the Bridgit Platform you must (i) provide complete and accurate information about your Meal Box (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Bridgit. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

    8.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Customer purchases your Meal Box, you may not request that the Customer pays a higher price than in original Listing.

    8.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.

    8.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Meal Box. Bridgit reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

    8.5 The placement and ranking of Listings in search results on the Bridgit Platform may vary and depend on a variety of factors, such as Customer search parameters and preferences, Merchant requirements, price, availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Meal Boxes, and/or ease of pickup.

 

  1. Order, Pickup, and Cancellation

 

9.1 As a Member you must order and cancel your Meal Box purchases through the Bridgit Platform. It will be considered a breach, if you cancel, change, or order a meal directly with a Merchant. Meal Boxes can only be ordered only for the present day of the ordering. After placing an order, you will receive a confirmation pop-up image and you will be able to pick up the Meal Box during the Merchant’s selected time slot. Be sure to check the Merchant’s description for details about when you can pick up your Meal Box. If you arrive at the Merchant’s location before the specified pick up time, please wait outside until it is time. Be aware that if you arrive after the allotted time, the Merchant may be closed and the Meal Box will not be refunded.

 

9.2 When you have arrived at the Merchant, show your pop-up confirmation email/receipt to the Merchant’s employees, after which you can choose your Meal Box made up of the surplus availability for the day.


9.3 If you do not pick up your order on time, Bridgit is entitled to sell or donate the product to another party, without any liability to you. Bridgit will not refund completed orders for late or missing pick up, nor will the Merchant.


9.4 From time to time Bridgit may give out gifts and promotions of which will be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise established, promotional plans are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited. To be eligible for certain promotions, you must not have an existing Bridgit Account.

 

  1. Ratings and Reviews

10.1 The Bridgit Platform provides certain features which enable you and other Members to submit, post, and share reviews. These submissions may include without limitation text, graphic and pictorial works, or any other content submitted by you and other Members through the Bridgit Platform (“User Submissions”).

10.2 User Submissions are displayed for informational purposes only and are not controlled by Bridgit. Bridgit cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Bridgit Platform. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Bridgit, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Bridgit Platform.
Right to Remove or Edit User Submissions. Bridgit makes no representations that it will publish or make available on the Bridgit Platform any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Bridgit Platform, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Bridgit complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice.

 

10.3 You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Bridgit, you hereby grant Bridgit and its affiliates, sublicensees, partners, designees, and assignees of the Bridgit Platform (collectively, the “Bridgit Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Bridgit Platform and Bridgit’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Bridgit Platform (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.

10.4 You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Bridgit to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Bridgit and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Bridgit’s or any Bridgit Licensee’s use of such User Submissions pursuant to these Terms, and Bridgit’s or any of Bridgit Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Bridgit may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Bridgit determines in its sole discretion to be violative of the standards of this Bridgit Platform. Bridgit takes no responsibility and assumes no liability for any User Submissions.

 

10.5 You understand that when using the Bridgit Platform, you may be exposed to User Submissions from a variety of sources and that Bridgit does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER Bridgit (NOR ANY MEMBER OF THE Bridgit GROUP OF COMPANIES (AND ANY SUBSIDIARY OF SUCH ENTITY), HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.

 

10.6 If you provide Bridgit with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Bridgit Platform (“Feedback”), Bridgit shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Bridgit Platform. You hereby grant Bridgit a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

  1. Your Conduct and Content

 

11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Bridgit Platform. In connection with your use of the Bridgit Platform, you agree to:

  • to comply with all applicable laws regarding online conduct and submission of acceptable Member Content;
  • not to use the Site or the services or submit content to the Site if you are under the age of 18;
  • not to access the Site or services using a third-party’s Account/registration without the express consent of the Account holder;
  • not to attempt, through any means, to gain unauthorized access to any part of the Site and/or any service, other Account, computer system and/or network connected to any Bridgit server;
  • not to attempt to impersonate another user or person;
    not to advertise, or solicit, any user to buy or sell any products or services, unless authorized by Bridgit;
  • not to deep-link to the Site and/or access the Site manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Site and/or any Materials and/or other content on the Site, unless Bridgit has given you specific permission to do so in writing;
  • not to conduct any kind of systematic retrieval of data or other content from the Site;
    not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Site content;
  • not to use the Site in any manner that could damage, disable, overburden and/or impair any Bridgit server, or the network(s) connected to any Bridgit server, and/or interfere with any other party’s use and enjoyment of the Site;
  • not to transmit any chain letters or junk email;
  • not to use any information obtained from the Site or the Bridgit services in order to contact, advertise to, solicit, or sell to any user or merchant;
    not to sell or transfer your profile;
  • not to use the Site to engage in commercial activities apart from sanctioned use of Bridgit services;
  • not to use the Site as part of an effort to compete with Bridgit, the Site, or the Bridgit services;
  • not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in any format or media;
  • not to license, sell and/or otherwise provide access to and/or use of the Site to any third party, including without limitation to build a competitive product and/or service;
  • not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
  • not to copy, publish or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
    not to harass, annoy, intimidate or threaten any Bridgit employees or agents engaged in providing any portion of Bridgit’s services;
  • not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Site or Bridgit’s services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
  • not to delete the copyright or other proprietary rights notice from any Member Content or any portion of the Site or Bridgit’s services;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files;
    not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, Accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked Site (including those of our restaurant partners); and
  • not to use the Site for any illegal purposes.

 

11.2 You acknowledge that Bridgit has no obligation to monitor the access to or use of the Bridgit Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Bridgit Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Bridgit in good faith, and to provide Bridgit with such information and take such actions as may be reasonably requested by Bridgit with respect to any investigation undertaken by Bridgit or a representative of Bridgit regarding the use or abuse of the Bridgit Platform.

11.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Bridgit by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

 

11.4 You agree that the consequences of commercial use or re-publication of Member Content or Materials from the Site or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be sufficient or appropriate remedy and that Bridgit will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.

 

11.5 You agree that the consequences of commercial use or re-publication of Member Content or Materials from the Site or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Bridgit will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.


11.6 You grant Bridgit an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use Member Content in connection with Bridgit’s business and in all forms of media now known or hereafter invented (collectively, the “Uses”), without notification to and/or approval by you. You further grant Bridgit a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a Bridgit diner, to attribute Member Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the Site or the services we provide, Bridgit shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.


11.7 Member Content transmitted to certain parts of the Site, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Site, including without limitation in a compilation format, and as such will be publicly visible and accessible. Bridgit and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to Member Content.

 

  1. Termination or Modification

 

12.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Bridgit terminate the Agreement in accordance with this provision.

12.3 Without limiting our rights specified below, Bridgit may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.

12.4 Bridgit may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Bridgit believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bridgit, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

12.5 In addition, Bridgit may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Bridgit Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Bridgit otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed Meal Box purchases, or (vii) Bridgit believes in good faith that such action is reasonably necessary to protect the personal safety or property of Bridgit, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed Meal Box purchases;
  • limit your access to or use of the Bridgit Platform;
  • temporarily or in case of severe or repeated offenses permanently suspend your Bridgit Account.


In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Bridgit and an opportunity to resolve the issue to Bridgit’s reasonable satisfaction.

12.6 When this Agreement has been terminated, you are not entitled to a restoration of your Bridgit Account or any of your Member Content. If your access to or use of the Bridgit Platform has been limited or your Bridgit Account has been suspended or this Agreement has been terminated by us, you may not register a new Bridgit Account or access and use the Bridgit Platform through an Bridgit Account of another Member.

 

  1. Ownership; Proprietary Rights

 

13.1 The Bridgit Sites and mobile applications are owned and operated by Bridgit Inc. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Bridgit (“Materials”) are protected by are protected by intellectual property and other laws. All Materials included in the Sites are the property of Bridgit or our third-party licensors. Except as expressly authorized by Bridgit, you may not make use of the Materials. Bridgit reserves all rights to the Materials not granted expressly in these Terms.

 

  1. Third Party Sites

 

13.1 The Site may include links or access to other web Site or services (“Linked Site”) solely as a convenience to users. The Linked Sites are not under the control of Bridgit and Bridgit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Bridgit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bridgit of the site or any association with its operators. Access and use of linked site, including the material, information, products, and services on linked site or available through linked site, is solely at your own risk.


13.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that Bridgit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.


  1. Notice.


Except as explicitly stated otherwise, legal notices will be served, with respect to Bridgit, a Bridgit national registered agent, and, with respect to you, to the email address you provide to Bridgit during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.


  1. Disclaimers; No Warranties


Meals, and other non-Bridgit products and services offered via the site and app are offered and provided by third parties, not bridgit. your collection and use of these meals and your use of these non-bridgit products and services is solely at your own risk. bridgit shall in no event be Liable for any act, error or omission by any third party, including, without limitation, any which arises out of or is any way connected with a member’s visit to a merchant, a member’s use of or consumption of a meal, service, product or appointment made through the site, or the performance or nonperformance of any third party provider in connection with the services. bridgit is not an agent of any third party provider.


The site, plus any downloadable software, services, content, or applications made available in conjunction with or through the site are provided “as is” and “as available” without warranties of any kind either express or implied. to the fullest extent permissible pursuant to applicable law, bridgit, on behalf of itself and its suppliers and partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.


Without limiting the foregoing, bridgit does not warrant or make any representations (i) that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (ii) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. any material or data that you download or otherwise obtain through the site is at your own risk. you are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.


Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

  1. Waiver and Release


You understand that Bridgit is not a food provider or restaurant or other service provider and the meals you consume are sourced and prepared by the applicable Merchant and not by Bridgit. Although Bridgit endeavors to offer inventory that is of high quality, Bridgit is not responsible for the quality of any meals or service.


Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless Bridgit, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your Account, including with respect to bodily injury, physical harm, illness, death or property damage.


  1. Indemnifications and Release


You agree to indemnify and hold Bridgit, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.


  1. Limitation of Liability


Under no circumstances will bridgit or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if bridgit has been advised of the possibility of such damages.


Bridgit liability to you is limited to $50 or the amounts, if any, paid by you to bridgit under this Agreement in the three months immediately prior to the event first giving rise to the claim, whichever is more. the foregoing limitations will apply to the maximum extent permitted by applicable law, regardless of whether bridgit has been advised of the possibility of such damages and regardless of whether any remedy fails of its essential purpose.

  1. ARBITRATION AGREEMENT


PLEASE READ THE FOLLOWING CAREFULLY:


This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and Bridgit. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. You have the right to opt-out of this Arbitration Agreement (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

 

It provides that all disputes between you and Bridgit shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).


For the purpose of this Arbitration Agreement, “Bridgit” means Bridgit and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. “Dispute” means any dispute, claim, or controversy between you and Bridgit regarding any aspect of your relationship with Bridgit, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent

inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.


WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.


19.1 Pre-Arbitration Dispute Resolution

 

For all Disputes, whether pursued in court or arbitration, you must first give Bridgit an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Bridgit, Legal Department, 3585 NE 207 ST C-9 #801432 AVENTURA, FL 33280. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Bridgit does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.


19.2 Exclusions From Arbitration And Your Right To Opt Out

 

Notwithstanding the above, you may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Arbitration Agreement by mailing written notification to Bridgit, Legal Department, 3585 NE 207 ST C-9 #801432 AVENTURA, FL 33280. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Bridgit through arbitration. Your decision to opt-out of this Arbitration Agreement will have no adverse effect on your relationship with Bridgit. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.


19.3 Arbitration Procedures

 

If this Arbitration Agreement applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Bridgit may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply.

 

The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Arbitration Agreement governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with Bridgit, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.


19.4 Arbitration Award

 

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.


19.5 Location of Arbitration

 

You may initiate arbitration in either Miami, Florida or in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution. In the event that Bridgit initiates an arbitration, it may only do so in the federal judicial district that includes your address that you provide in your written notification of Pre-Arbitration Dispute Resolution.


19.6 Payment of Arbitration Fees and Costs

 

Bridgit will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Bridgit as provided in the section above titled “Pre-Arbitration Dispute Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover from Bridgit your actual and reasonable attorney’s fees and costs as determined by the arbitrator.

 

19.7 Class Action Waiver

 

Except as otherwise provided in this Arbitration Agreement, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and Bridgit specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Arbitration Agreement as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other Member of Bridgit and/or user of Bridgit services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding without having complied with the opt-out requirements above.

 

19.8 Limitation of Procedural Rights

 

You understand and agree that, by entering into this Arbitration Agreement, you and Bridgit are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and Bridgit might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, you give up those rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.


19.9 Severability

 

If any clause within this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable and the Dispute will be decided by a court.


19.10 Continuation

 

This Arbitration Agreement shall survive the termination of your contract with Bridgit and your use of the Bridgit Site and services.

  1. Miscellaneous


20.1 These Terms shall be governed in all respects by the laws of the State of Florida, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Bridgit must be resolved by a court located in Florida, except as otherwise agreed by the parties or as described in the Arbitration Agreement paragraph above. You agree to submit to the personal jurisdiction of the courts located within Miami, Florida for the purpose of litigating all such claims or disputes.


20.2 We may assign our rights and obligations under these Terms. These Terms are binding and shall inure to the benefit of our successors, assigns and licensees.


20.3 The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

20.4 If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.


20.5 These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and Bridgit relating to the subject matter herein.
Disclosures.

 

The services hereunder are offered by Bridgit, Inc, located at: 3585 NE 207 ST C-9 #801432 AVENTURA, FL 33280 and email: hi@youbridgit.com. If you are a Florida resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.


20.6 No waiver of any of these Terms by Bridgit is binding unless authorized in writing by an executive officer of Bridgit. In the event that Bridgit waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Bridgit to enforce the same at a later time.