Terms and Conditions for Registered Cooks of the UR App

Welcome to the UR App mobile application (“UR App,”), operated by Sage Plus, Inc., a California corporation located in Los Angeles County, California, in the United States of America, doing business as Universal Restaurant, or UR (“UR’”). The UR App is designed to facilitate online transactions for the preparation, sale, and delivery, if applicable, of food products or services offered by registered cooks (“Cooks”) to or for the benefit of registered users of the program (“Users”). UR is not directly engaged in the business of cooking, preparing, delivering, offering or promoting through any advertisement any particular food products or services covered in the program. If you are a registered Cook, you are solely responsible for responding to any questions or issues raised by a registered User associated with particular food products or services. Please read these terms and conditions carefully before registering as a Cook for any of the services provided in this UR App. By registering as a Cook of the UR App and by clicking the “agree” link below, you agree to be bound contractually by these terms and conditions, including our UR Privacy Policy If you do not accept these terms and conditions by registering and clicking the “agree” link below, you may not use the UR App. UR reserves the right to modify these terms and conditions by posting new terms and conditions on the UR App. These changes do not affect the rights and obligations of the parties prior to such changes. But your continued use of the UR App following the posting of any modified terms and conditions will subject you to the terms and conditions in effect at the time of your use. If you object to any particular terms or conditions, your sole remedy is to terminate your registration and to “opt out” as a Cook under the UR App. You have the right to opt out of these Terms and Conditions after the date of your registration by writing to:

Ammar Al Nueimi
President, Sage Plus, Inc., doing business as Universal Restaurant or “UR”
121 N. Kenwood Street, Unit 308
Glendale, California 91206 U.S.A

In order to be effective, an opt out notice must include your full name and clearly indicate your intent to opt out of the Terms of Conditions on a prospective basis.

  1. General Description of the UR App Program. UR facilitates three kinds of food products and services provided by registered Cooks to or for the benefit of registered Users:
    1. Food Dishes Picked up by the User: Under this scenario, the User goes to Cook’s place of business to place and pick up the User’s order.
    2. Food Dishes Prepared and Delivered by the Cook: Under this second scenario, the Cook prepares and delivers the ordered food dish or food dishes to User’s designated location, in which event delivery fees are added to the food dish price.
    3. Food Dishes Consumed on Cook’s Premises: Under this third scenario, the User and any guests of the User will order and consume the food dishes at the Cook’s place of business, just like in a typical restaurant. For purposes of these Terms and Conditions, the terms “food,” “food dishes,” and “food products” all refer interchangeably to any food products posted, prepared or delivered by registered Cooks and consumed by registered Users under the UR App. The terms “price” or “prices” for food dishes will be those food dish prices posted by registered Cooks on the UR App. Those “prices” will be subject to the UR fees and bank charges deducted from the price in accordance with the fee schedule posted with this UR App. Late charges and penalties for any default or delay in payments may apply.
  2. Registration of Cooks. To register, a Cook must provide UR with requested contact and bank or credit card account information to facilitate and complete their online transactions. Consistent with its UR Privacy Policy, UR agrees to maintain the privacy of any confidential bank or credit card account information disclosed during the registration process. Registered Cooks must provide, among other things, a full name, mailing address, e-mail address, a close-up photograph for identification purposes, as well as specific information on where the Cook’s premises are located. Registered Cooks are responsible for providing all food products and services to registered Users under any of the three scenarios described above in Section 1. UR is not responsible for providing any delivery services. Those delivery services will need to be arranged by mutual agreement of the registered Cook and registered User. To register, you must be at least thirteen years of age. The Children’s Online Privacy Protection Act prohibits UR from collecting any information from anyone whose age is thirteen or younger. UR apologizes for any inconvenience this may cause.
  3. Advertising and Promotion of Food Dishes by Registered Cooks. Registered Cooks are solely responsible for interfacing with the UR App to advertise and promote their food dishes, to disclose food dish prices and delivery terms, and to provide other information sufficient to enable registered Users to place orders. UR will provide technical support for registered Cooks wishing to upload photographs, GIF and videos of food dishes, but the content of advertising and promotional materials is the sole responsibility of the registered Cooks. As a condition for registration, each Cook hereby gives UR an unconditional license to post the registered Cook’s advertising and promotional content on the UR App. Notwithstanding the rule that registered Cooks are responsible for their own advertising and promotional content, registered Cooks agree not use the UR App:
    1. to abuse, harass, threaten, impersonate or intimidate any person;
    2. to post any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on the copyright or any right of a person;
    3. to post any content that is materially false, deceptive or misleading;
    4. to post any content that is designed or intended to obtain password, account, or other private information;
    5. to post copyrighted content that does not belong to the registered Cook without disclosing the author’s name and a link to the source of the content;
    6. to use any robot, spider, scraper or other automated means to access the UR App for any purpose without obtaining UR’s written consent;
    7. to take any action that would unreasonably interfere with the infrastructure or operation of the UR App; and
    8. to artificially inflate or alter vote counts, blog counts, comments, or endorsements in a way that is false or misleading. UR reserves the right, in its sole discretion, to delete any content that violates these restrictions or any applicable law, regulation or public policy.
  4. User Ratings and Reviews. To the extent you ask registered Users to rate or post reviews of you, as a registered Cook, or other business associated with the UR App, such ratings and reviews are considered to be User content and are governed by this Agreement. Ratings and reviews are not endorsed by UR and do not represent the views of UR or its affiliates. UR does not assume liability for ratings and reviews or for any claims for economic damages or loss resulting from such ratings or reviews. Because UR desires to maintain the integrity of ratings or reviews posted on the UR App, you agree that : (1) you will not post or permit the posting of any rating or review for you that is not based on first-hand experience with you, as the registered Cook,, or for any business; (2) you will not post or permit the posting of any rating or review for you, as a registered Cook, or for any business for which the User has an ownership interest, employment relationship or other affiliation or for that of any competitor; (3) you will not post or permit the posting of a rating or review given in exchange for any payment, free food dish items, other benefits from you, a the registered Cook, or for any business; and (4) you will not post or permit the posting of any rating or review that does not comply with the terms of this Agreement. If UR determines, in its sole discretion that any rating or review could diminish the integrity of ratings or reviews, or the integrity of the UR App, UR may exclude such user content without notice.
  5. Copyrights and Licenses. Except for the advertising and promotional material posted on the UR App by registered Cooks under Section 3 and any ratings or reviews posted under Section 4, all contents, logos, trademarks, visual media and other copyrighted material created by UR with the UR App is the sole property of UR protected under U.S. and international copyright law. UR reserves all rights in its copyrighted material in the UR App. Nothing in these terms and conditions gives the registered Cooks a right or license to use UR’s copyrighted material except to the limited extent provided above in Section 3. UR is not responsible for any copyright or license infringements that might occur if registered Cooks provide or offer links to third party sources or websites. UR gives you, as a registered Cook, a personal, royalty-free, non-assignable, non-transferable and non-exclusive license to use the UR App software provided to you in the UR App solely to enable you to use the services in a manner authorized by these Terms and Conditions. This license cannot be assigned without the written consent of UR. But UR reserves the right to assign any of its rights or obligations under these Terms and Conditions.
  6. Third Party Websites and Content. UR and its registered Cooks may use hyperlinks to third party websites as part of the provision of services under the UR App. You agree that UR is not responsible or liable for any loss or damage you may incur as a result of your accessing third party websites through hyperlinks on the UR App or other UR website services. You also agree that UR is not responsible or liable for the accuracy of any content provided on third party websites. You agree and understand that you are solely responsible for screening your UR search results and any content found through the UR App for food or ingredients which are objectionable to you or your registered Users, whether due to allergies, religious beliefs, philosophical beliefs, illnesses or any other reason.
  7. Safe Harbor Protections under Section 230 of the Communications Decency Act. You hereby acknowledge UR’s safe harbor protections under Section 230 of the Communications Decency Act. Under the Act, no provider or user of an interactive computer service like the UR App shall be treated as a publisher or speaker of any information provided by another content provider. See 47 U.S.C. (c)(1). Under this law, you hereby acknowledge that UR shall not be liable for an action voluntarily taken in good faith to restrict access to or availability of material that UR considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. Nor shall UR be liable on account of any action taken to enable information content providers or others the technical means to restrict access to material under 47 U.S.C. §230(c)(1). See, 47 U.S.C. §230(c)(2).
  8. Payment Terms. All transactions are made online through the UR App. Registered Cooks are responsible for uploading their food dish photographs with applicable prices. The registered Users then must order the food dish or food dishes online and authorize payment from their online accounts. UR will deduct its fees consistent with its fee schedule posted in the UR App together with any bank charges associated with the transaction. UR then releases the balance owed to the applicable registered Cook. The registered Cook is responsible for paying his or her share of any and all income, sales, use or other taxes or governmental fees associated with the transaction. Cash sales or transactions are strictly prohibited, except for cash associated with tips or any delivery charges agreed to by the registered Cook and the registered User.
  9. Responsibilities of Registered Cooks. Registered Cooks and not UR will bear full responsibility for complying with all statutes, regulations, ordinances, permits and rules of any kind within the host country, and any province, municipality or political subdivision thereof, relating to the sale or offer for sale of food or liquor under the UR App, including, but not limited to compliance with all such requirements for health, safety, hygiene, food preparation, alcohol consumption, business operations, and consumer protection matters. As a registered Cook, you bear sole responsibility for the quality and quantity of all food delivered to or consumed by a registered User under the UR App, and for the material truth and accuracy of all representations, photographs, GIFs, or videos contained in advertisements or promotions by you about the quality or quantity of food being offered for sale hereunder, or the nature of the services to be provided. Registered Cooks also are solely responsible for maintaining the health and safety of any premises where registered Users may pick up or consume food. You, as a registered Cook, hereby indemnify UR from and against all liabilities, damages and costs, including attorneys’ fees and litigation expenses, incurred by reason of a claim asserted by registered User. Registered Cooks are independent contractors who supply their own ingredients and materials, set their own schedules, are not under the control of UR. As a registered Cook, you are not considered to be an employee or agent of UR.
  10. Liability Disclaimers. YOU USE THE UR APP AT YOUR SOLE RISK. WE PROVIDE THE UR APP “AS IS” AND “AS AVAILABLE.” UR MAKES NO WARRANTY THAT (1) THE UR APP WILL MEET YOUR REQUIREMENTS; (2) THE UR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (3) THE UR APP WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE UPR APP WILL MEET YOUR EXPECTATIONS; OR 5) THE UR APP, ITS SERVERS, OR COMMUNICATIONS SENT FROM THE UR APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE REGISTERED COOKS ARE SOLELY RESPONSIBLE FOR THE QUALITY AND QUANTITY OF THEIR FOOD AND SERVICES AND FOR THE HEALTH AND SAFETY OF ANY OF THE COOKS’ PREMISES WHERE REGISTERED USERS MAY PICK UP OR CONSUME FOOD, UR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE FOOD OR SERVICES PROVIDED BY REGISTERED COOKS UNDER THIS UR APP WILL BE OF ANY PARTICULAR QUALITY OR QUANTITY, THAT ANY ADVERTISEMENTS OR PROMOTIONS PROVIDED BY REGISTERED COOKS UNDER THE UR APP MEET ANY STANDARD OF MATERIAL TRUTH OR ACCURACY, OR THAT THE REGISTERED COOK’S PREMISES MEET ANY PARTICULAR STANDARD OF HEALTH OR SAFETY. UR HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FITNESS FOR HUMAN CONSUMPTION, TITLE, AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL UR BE LIABLE TO ANY REGISTERED COOK FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSS OF GOODWILL ARISING FROM OR IN ANY WAY RELATED TO OPERATION OF THE UR APP BY UR, OR TO THE USE OF THE UR APP BY A REGISTERED COOK. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY MEALS OR SERVICES PROVIDED UNDER THE UR APP MUST BE COMMENCED BY YOR WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR ELSE SUCH ACTION WILL BE PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH JURISDICTION APPLIES, UR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Because UR is not engaged in the business of cooking, preparing, delivering, or offering for sale any food products prepared from a private home kitchen within the State of California, all parties acknowledge and agree that UR is not a “Cottage Food Operator” under the California Homemade Food Act.
  11. Release. If you have a dispute with one or more users of the UR App, or with any party providing advertising or third-party services on or through the UR App, or with any party who provides a website linked to or on the UR App, you waive, and release UR from, any and all claims, demands, and damages (incidental, indirect, punitive, statutory, special or consequential) of every kind or nature, known or unknown, arising out of or in any way connected with such dispute. You also waive the protections of California Civil Code §1542 which states:
    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
    You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release and waiver, which statute, regulation, law or principle provides in substance something similar to California Civil Code §1542. You agree not to file any action or lawsuit inconsistent with the foregoing release and waiver.
  12. Indemnification. You will indemnify and hold UR and its shareholders, members, owners, attorneys, agents, employees harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees and expenses), relating to or arising under or out of any relationship between you and UR described in these Terms and Conditions, including any breach of the representations and warranties contained herein You agree that UR has the sole right and obligation to control the legal defense against such claims, demands or litigation, including the right to select counsel of UR’s choice and to compromise and settle any such claims, demands, or litigation.
  13. Termination. UR reserves the right to terminate or suspend the right of any registered Cook to have access to the UR App, in its sole discretion, without prior notice or finding of liability, for violation of this Agreement, default, nonpayment or nonperformance, or for any abusive or improper use of the mobile application. All terms and conditions, which by their nature should survive will in fact survive termination, including, without limitation, ownership and responsibility provisions, choice of law and forum selection provisions, disclaimers and limitations of liability. As a Registered Cook, you must recognize the absolute right of Registered Users to cancel specific orders prior to delivery or consumption of food dishes if the price terms are incorrect. Once the food dish is delivered or consumed, this right of cancellation expires.
  14. Digital Millennium Copyright Act. UR respects the intellectual property rights of others and attempts to comply with all relevant laws. UR will review all claims of copyright infringement received and remove any content deemed to have been posted in violation of such laws. UR’s designated agent under the Digital Millennium Copyright Act for the receipt of any notification of claimed infringement that may be given under the Act is as follows: Ammar Al Nueimi
    President, Sage Plus, Inc., doing business as Universal Restaurant or “UR”,
    121 N. Kenwood Street, Unit 308
    Glendale, California 91206 U.S.A
    Telephone: 818-660-8399
    Email: ammar@ur4food.com
    If you believe that your work has been copied on the UR App in a way that constitutes copyright infringement, please provide our Agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the UR App where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, phone number and an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, under penalty of perjury, that the information in your notice is accurate and you are the copyright owner or authorized to act on behalf of the copyright owner and (vi) the electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
  15. Notices. Where UR requires that you provide us with an e-mail address, you are responsible for providing UR with your most current e-mail address. In the event that the last e-mail address that your provided to UR is not valid, or for any other reason is not capable of delivering to you any notices required or permitted under this Agreement, UR’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to UR at the following e-mail address: support@ur4food.com Such notice shall be deemed given on the next business day after such e-mail is actually received by UR.
  16. Electronic Communications. For contractual purposes, you (1) consent to receive communications from UR in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that UR provides to you electronically satisfy any legal requirements that such communications would satisfy if they were in writing.
  17. Choice of Law and Forum. This Agreement and the rights and obligations of the parties arising under the UR App shall be governed by the laws of the State of California in the United States of America. This California choice of law provision will apply regardless of any conflict of law principles that might call for the application of the law of another jurisdiction. Any lawsuit by or against UR under this Agreement shall be filed either in U.S. District Court or a California state court in Los Angeles County, California. As a registered Cook, you hereby acknowledge and agree that this choice of law and forum section shall not bar registered Users from bringing separate claims against registered Cooks under the laws of the host county, or under the laws of any municipality or political subdivision thereof. But you, as a registered Cook, hereby waive your right to bring any claim or action associated with the UR App against UR in a country outside the United States or under the laws of a foreign country.
  18. English Version Prevails. In the event that these Terms and Conditions, or the UR Privacy Rule should be translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
  19. Force Majeure. No party to this Agreement shall be liable for failure to perform any duty or obligation that said party may have under this Agreement where such failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the reasonable control of the party who had the duty to perform.
  20. Severability. In the event that any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall remain valid and effective unless the provision found to be illegal, invalid or unenforceable goes to the essence of the Agreement.
  21. Section Headings. Section headings contained in this Agreement are for reference purposes only and shall not affect, in any way, the meaning or interpretation of this Agreement.
  22. Binding Effect. This Agreement shall binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, trustees, successors and assigns. By clicking this link and registering as a Cook of the UR App, I hereby agree to all of the above terms and conditions.

Terms and Conditions for Registered Users of the UR App

Welcome to the UR App mobile application (“UR App,”), operated by Sage Plus, Inc., a California corporation located in Los Angeles County, California, in the United States of America, doing business as Universal Restaurant, or UR (“UR’”). The UR App is designed to facilitate online transactions for the preparation, sale, and delivery, if applicable, of food products or services offered by registered cooks “Cooks”) to or for the benefit of registered users of the program (“Users”). UR is not directly engaged in the business of cooking, preparing, delivering, offering or promoting through any advertisement any particular food products or services covered in the program. If you are a registered User, you should look to your registered Cook for any questions or issues associated with particular food products or services. Please read these terms and conditions carefully before registering as a User for any of the services provided in this UR App. By registering as a User of the UR App and by clicking the “agree” link below, you agree to be bound contractually by these terms and conditions, including our UR Privacy Policy If you do not accept these terms and conditions by registering and clicking the “agree” link below, you may not use the UR App. UR reserves the right to modify these terms and conditions by posting new terms and conditions on the UR App. These changes do not affect the rights and obligations of the parties prior to such changes. But your continued use of the UR App following the posting of any modified terms and conditions will subject you to the terms and conditions in effect at the time of your use. If you object to any particular terms or conditions, your sole remedy is to terminate your registration and to “opt out” as a User under the UR App. You have the right to opt out of these Terms and Conditions after the date of your registration by writing to: Ammar Al Nueimi
President, Sage Plus, Inc., doing business as Universal Restaurant or “UR”,
121 N. Kenwood Street, Unit 308
Glendale, California 91206 U.S.A.
In order to be effective, an opt out notice must include your full name and clearly indicate your intent to opt out of the Terms of Conditions on a prospective basis.

  1. General Description of the UR App Program. UR facilitates three kinds of food products and services provided by registered Cooks to or for the benefit of registered Users:
    1. Food Dishes Picked up by the User: Under this scenario, the User goes to Cook’s place of business to place and pick up the User’s order.
    2. Food Dishes Prepared and Delivered by the Cook: Under this second scenario, the Cook prepares and delivers the ordered food dish or food dishes to User’s designated location, in which event delivery fees are added to the food price.
    3. Food Dishes Consumed on Cook’s Premises: Under this third scenario, the User and any guests of the User will order and consume the food dishes at the Cook’s place of business, just like in a typical restaurant. For purposes of these Terms and Conditions, the terms “food,” “food dishes,” and “food products” all refer interchangeably to any food or food products prepared or delivered by registered Cooks and consumed by registered Users under the Terms and Conditions of the UR App. The terms “price” “or “prices” for food dishes will be those food dish prices posted by registered Cooks on the UR App. Those “prices” will be subject to the UR fees and bank charges deducted from the price in accordance with the fee schedule posted with this UR App. Late charges and penalties for any default or delay in payments may apply.
  2. Registration of Users. To register as a User, you must provide UR with requested contact and bank or credit card account information to facilitate and complete their online transactions. Consistent with its UR Privacy Policy, UR agrees to maintain the privacy of any confidential bank or credit card account information disclosed during the registration process. To place an order as a registered User, you must log in to your registered online account. Registered Cooks are responsible for providing all food products and services to you, as a registered User, under any of the three scenarios described above in Section 1. Registered Users are responsible for selecting a registered Cook located in the immediate vicinity where the products and services will be provided. To locate a Cook who is able to provide the requested products and services, the User can use the UR App feature called “Cooks near Me.” UR is not responsible for providing any delivery services. Those delivery services will need to be arranged by mutual agreement of the registered Cook and registered User. To register, you must be at least thirteen years of age. The Children’s Online Privacy Protection Act prohibits UR from collecting any information from anyone whose age is thirteen or younger. UR apologizes for any inconvenience this may cause.
  3. Advertising and Promotion of Food Dishes by Registered Cooks. Registered Cooks are solely responsible for interfacing with the UR App to advertise and promote their food dishes, to disclose prices and delivery terms, and to provide other information sufficient to enable you, as a registered User, to place orders. As a registered User, you acknowledge that the content of advertising and promotional materials is the sole responsibility of the registered Cooks. Notwithstanding the rule that registered Cooks are responsible for their own advertising and promotional content, you may notify UR if you believe in good faith that a registered is misusing the UR App:
    1. to abuse, harass, threaten, impersonate or intimidate any person;
    2. to post any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on the copyright or any right of a person;
    3. to post any content that is materially false, deceptive or misleading;
    4. to post any content that is designed or intended to obtain password, account, or other private information;
    5. to post copyrighted content that does not belong to the registered Cook without disclosing the author’s name and a link to the source of the content;
    6. to use any robot, spider, scraper or other automated means to access the UR App for any purpose without obtaining UR’s written consent;
    7. to take any action that would unreasonably interfere with the infrastructure or operation of the UR App; and
    8. to artificially inflate or alter vote counts, blog counts, comments, or endorsements in a way that is false or misleading. UR reserves the right, in its sole discretion, to delete any content that violates these restrictions, or any applicable law, regulation or public policy.
  4. User Ratings and Reviews. To the extent you are asked to rate, or post reviews of registered Cooks or other businesses associated with the UR App, such ratings and reviews are considered to be User content and are governed by this Agreement. Ratings and reviews are not endorsed by UR and do not represent the views of UR or its affiliates. UR does not assume liability for ratings and reviews or for any claims for economic damages or loss resulting from such ratings or reviews. Because UR desires to maintain the integrity of ratings or reviews posted on the UR App, you agree that : (1) you will base any rating or review on first-hand experience with the registered Cook or business; (2) you will not provide a rating or review for any registered Cook or business for which you have an ownership interest, employment relationship or other affiliation or for that of any competitor; (3) you will not issue a rating or review in exchange for any payment, free food items, other other benefits from a registered Cook or business; and (4) your rating or review will comply with the terms of this Agreement. If UR determines, in its sole discretion that any rating or review could diminish the integrity of ratings or reviews, or the integrity of the UR App, UR may exclude such user content without notice.
  5. Copyrights and Licenses. Except for the advertising and promotional material posted on the UR App by registered Cooks under Section 3 and any ratings or reviews posted under Section 4, all contents, logos, trademarks, visual media and other copyrighted material created by UR with the UR App is the sole property of UR protected under U.S. and international copyright law. UR reserves all rights in its copyrighted material in the UR App. Nothing in these terms and conditions gives registered Users a right or license to use UR’s copyrighted material. UR is not responsible for any copyright or license infringements that might occur if registered Users provide or offer links to third party sources or websites. UR gives you, as a registered User, a personal, royalty-free, non-assignable, non-transferable and non-exclusive license to use the UR App software provided to you in the UR App solely to enable you to use the services in a manner authorized by these Terms and Conditions. This license cannot be assigned without the written consent of UR. But UR reserves the right to assign any of its rights or obligations under these Terms and Conditions.
  6. Third Party Websites and Content. UR and its registered Cooks may use hyperlinks to third party websites as part of the provision of services under the UR App. You agree that UR is not responsible or liable for any loss or damage you may incur, as a registered User, as a result of your accessing third party websites through hyperlinks on the UR App or other UR website services. You also agree that UR is not responsible or liable for the accuracy of any content provided on third party websites. You agree and understand that you are solely responsible for screening your UR search results and any content found through the UR App for food or ingredients which are objectionable to you, as a registered User, whether due to allergies, religious beliefs, philosophical beliefs, illnesses or any other reason.
  7. Safe Harbor Protections under Section 230 of the Communications Decency Act. You hereby acknowledge UR’s safe harbor protections under Section 230 of the Communications Decency Act. Under the Act, no provider or user of an interactive computer service like the UR App shall be treated as a publisher or speaker of any information provided by another content provider. See 47 U.S.C. (c)(1). Under this law, you hereby acknowledge that UR shall not be liable for an action voluntarily taken in good faith to restrict access to or availability of material that UR considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. Nor shall UR be liable on account of any action taken to enable information content providers or others the technical means to restrict access to material under 47 U.S.C. §230(c)(1). See, 47 U.S.C. §230(c)(2).
  8. Payment Terms. All transactions are made online through the UR App. Registered Cooks are responsible for uploading their dish photographs with applicable prices. The registered Users then must order the food online and authorize payment from their online accounts. UR will deduct its fees consistent with its fee schedule posted in the UR App together with any bank charges associated with the transaction. UR then releases the balance owed to the applicable registered Cook. Cash sales or transactions are strictly prohibited, except for cash associated with tips or any delivery charges agreed to by the registered Cook and the registered User.
  9. Acknowledgment of responsibilities of Registered Cooks. By registering as a User of the UR App, you specifically acknowledge and agree that Registered Cooks and not UR will bear full responsibility for complying with all statutes, regulations, ordinances, permits and rules of any kind within the host country, and any province, municipality or political subdivision thereof, relating to the sale or offer for sale of food or alcohol under the UR App, including, but not limited to compliance with all such requirements for health, safety, hygiene, food preparation, alcohol consumption, business operations, and consumer protection matters. You also acknowledge and agree that Registered Cooks bear sole responsibility for the quality and quantity of all food delivered to or consumed by you, as a registered User, under the UR App, and for the material truth and accuracy of all representations, photographs, GIFs, or videos contained in advertisements or promotions by the registered Cook about the quality or quantity of food being offered for sale hereunder, or the nature of the services to be provided. You also acknowledge and agree that Registered Cooks are solely responsible for maintaining the health and safety of any premises where registered Users may pick up or consume food. You, as a registered User, hereby indemnify UR from and against all liabilities, damages and costs, including attorneys’ fees and litigation expenses, incurred by reason of a claim asserted against you by registered Cook. You, as a Registered User, should direct any claims about a dereliction of the Cook’s responsibilities to the applicable Registered Cook and not to UR.
  10. Liability Disclaimers. YOU USE THE UR APP AT YOUR SOLE RISK. WE PROVIDE THE UR APP “AS IS” AND “AS AVAILABLE.” UR MAKES NO WARRANTY THAT (1) THE UR APP WILL MEET YOUR REQUIREMENTS; (2) THE UR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (3) THE UR APP WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE UPR APP WILL MEET YOUR EXPECTATIONS; OR 5) THE UR APP, ITS SERVERS, OR COMMUNICATIONS SENT FROM THE UR APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE REGISTERED COOKS ARE SOLELY RESPONSIBLE FOR THE QUALITY AND QUANTITY OF THEIR FOOD AND SERVICES AND FOR THE HEALTH AND SAFETY OF ANY OF THE COOKS’ PREMISES WHERE REGISTERED USERS MAY PICK UP OR CONSUME FOOD, UR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE FOOD OR SERVICES PROVIDED BY REGISTERED COOKS UNDER THIS UR APP WILL BE OF ANY PARTICULAR QUALITY OR QUANTITY, THAT ANY ADVERTISEMENTS OR PROMOTIONS PROVIDED BY REGISTERED COOKS UNDER THE UR APP MEET ANY STANDARD OF MATERIAL TRUTH OR ACCURACY, OR THAT THE REGISTERED COOK’S PREMISES MEET ANY PARTICULAR STANDARD OF HEALTH OR SAFETY. UR HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FITNESS FOR HUMAN CONSUMPTION, TITLE, AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL UR BE LIABLE TO ANY REGISTERED USER FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOSS OF GOODWILL ARISING FROM OR IN ANY WAY RELATED TO OPERATION OF THE UR APP BY UR, OR TO THE USE OF THE UR APP BY A REGISTERED USER. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY MEALS OR SERVICES PROVIDED UNDER THE UR APP MUST BE COMMENCED BY YOR WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR ELSE SUCH ACTION WILL BE PERMANENTLY BARRED. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH JURISDICTION APPLIES, UR’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Because UR is not engaged in the business of cooking, preparing, delivering, or offering for sale any food products prepared from a private home kitchen within the State of California, all parties acknowledge and agree that UR is not “Cottage Food Operator” under the California Homemade Food Act.
  11. Release. If you have a dispute with one or more users of the UR App, or with any party providing advertising or third-party services on or through the UR App, or with any party who provides a website linked to or on the UR App, you waive, and release UR from, any and all claims, demands, and damages (incidental, indirect, punitive, statutory, special or consequential) of every kind or nature, known or unknown, arising out of or in any way connected with such dispute. You also waive the protections of California Civil Code §1542 which states:
    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
    You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release and waiver, which statute, regulation, law or principle provides in substance something similar to California Civil Code §1542. You agree not to file any action or lawsuit inconsistent with the foregoing release and waiver.
  12. Indemnification. You will indemnify and hold UR and its shareholders, members, owners, attorneys, agents, employees harmless from any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney’s fees and expenses), relating to or arising under or out of any relationship between you and UR described in these Terms and Conditions, including any breach of the representations and warranties contained herein You agree that UR has the sole right and obligation to control the legal defense against such claims, demands or litigation, including the right to select counsel of UR’s choice and to compromise and settle any such claims, demands, or litigation.
  13. Termination. UR reserves the right to terminate or suspend the right of any registered Cook or registered User to have access to the UR App, in its sole discretion, without prior notice or finding of liability, for violation of this Agreement, default, nonpayment or nonperformance, or for any abusive or improper use of the mobile application. All terms and conditions, which by their nature should survive will in fact survive termination, including, without limitation, ownership and responsibility provisions, choice of law and forum selection provisions, disclaimers and limitations of liability. Registered Users reserve the right to cancel specific orders prior to delivery or consumption of food dishes if the price terms are incorrect. Once the food dish is delivered or consumed, this right of cancellation expires.
  14. Digital Millennium Copyright Act. UR respects the intellectual property rights of others and attempts to comply with all relevant laws. UR will review all claims of copyright infringement received and remove any content deemed to have been posted in violation of such laws. UR’s designated agent under the Digital Millennium Copyright Act for the receipt of any notification of claimed infringement that may be given under the Act is as follows:
    Ammar Al Nueimi, President
    Sage Plus, Inc., doing business as Universal Restaurant or “UR”
    121 N. Kenwood Street, Unit 308
    Glendale, California 91206
    Telephone: 818-660-8399
    Email: ammar@ur4food.com
    If you believe that your work has been copied on the UR App in a way that constitutes copyright infringement, please provide our Agent with notice in accordance with the requirements of the Act, including (i) a description of the copyright work that has been infringed and the specific location on the UR App where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, phone number and an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, under penalty of perjury, that the information in your notice is accurate and you are the copyright owner or authorized to act on behalf of the copyright owner and (vi) the electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
  15. Notices. Where UR requires that you provide us with an e-mail address, you are responsible for providing UR with your most current e-mail address. In the event that the last e-mail address that your provided to UR is not valid, or for any other reason is not capable of delivering to you any notices required or permitted under this Agreement, UR’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to UR at the following e-mail address: support@ur4food.com Such notice shall be deemed given on the next business day after such e-mail is actually received by UR.
  16. Electronic Communications. For contractual purposes, you (1) consent to receive communications from UR in electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that UR provides to you electronically satisfy any legal requirements that such communications would satisfy if they were in writing.
  17. Choice of Law and Forum. This Agreement and the rights and obligations of the parties arising under the UR App shall be governed by the laws of the State of California in the United States of America. This California choice of law provision will apply regardless of any conflict of law principles that might call for the application of the law of another jurisdiction. Any lawsuit by or against UR under this Agreement shall be filed either in U.S. District Court or a California state court in Los Angeles County, California. This choice of law and forum section shall not bar registered Users from bringing separate claims against registered Cooks under the laws of the host county, or under the laws of any municipality or political subdivision thereof. You, as a registered User, hereby waive your right to bring any claim or action associated with the UR App against UR in a country outside the United States or under the laws of a foreign country.
  18. English Version Prevails. In the event that these Terms and Conditions, or the UR Privacy Rule should be translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
  19. Force Majeure. No party to this Agreement shall be liable for failure to perform any duty or obligation that said party may have under this Agreement where such failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the reasonable control of the party who had the duty to perform.
  20. Severability. In the event that any provision of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Agreement shall remain valid and effective unless the provision found to be illegal, invalid or unenforceable goes to the essence of the Agreement.
  21. Section Headings. Section headings contained in this Agreement are for reference purposes only and shall not affect, in any way, the meaning or interpretation of this Agreement.
  22. Binding Effect. This Agreement shall binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, trustees, successors and assigns. By clicking this link and registering as a User of the UR App, I hereby agree to all of the above terms and conditions.