Effective Date: July 24, 2025
Last Updated: July 24, 2025
Welcome to CARI Delivery LLC ("CARI," "we," "us," or "our"), a technology platform designed to enhance your college experience by providing convenient delivery of meals and beverages within your campus community. By accessing or using the CARI Delivery mobile application, website, or related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. Please read them carefully.
By accessing or using the CARI Delivery mobile application, website, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms") and our Privacy Policy (incorporated herein by reference). If you do not agree to any of these Terms, you are not authorized to access or use the Service.
CARI Delivery may, in its sole discretion, modify or update these Terms at any time. We will update the "Last Updated" date and, in the case of material changes, provide notice via the Service or email. Changes for new users are effective immediately; for existing users, changes become effective 30 days after posting or upon earlier express acceptance (e.g. via a click-through). Your continued use of the Service after updated Terms become effective constitutes your acceptance of the changes. If you do not agree to any update, you must stop using the Service.
CARI Delivery is a technology platform that allows eligible users to order meals or beverages from participating third-party restaurants and have them delivered to designated locations on college or university campuses. CARI Delivery itself is not a restaurant or food preparation entity, the restaurants available through the Service operate independently of CARI Delivery.
Participating restaurants are solely responsible for the preparation, quality, and safety of the food and beverages you order. CARI Delivery does not prepare or handle the food, and we are not responsible or liable for any issues arising from the food provided by theseсовет restaurants, including but not limited to food safety, quality, nutrition, or allergen content. Restaurants are required to comply with all applicable food safety and handling laws and regulations, but CARI Delivery does not verify their compliance and makes no warranties about any restaurant's products or services.
The Service is provided on an "as is" and "as available" basis. CARI Delivery makes no warranties or representations regarding the availability, reliability, timeliness, or quality of the Service, or of any content or information provided through the Service. To the maximum extent permitted by law, we disclaim all warranties that are not expressly set out in these Terms (see Section 9 below for further warranty disclaimers).
CARI Delivery reserves the right to modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice. This may include adding, removing, or changing features, updates, or functionality. We are not liable if any portion of the Service is unavailable at any time.
All users of the Service must comply with these Terms and all applicable policies. Failure to abide by these Terms may result in a suspension or termination of your account or access to the Service (see Section 8 below).
The Service is intended for use by members of a college or university community. To register an account, you must be a current student, faculty, or staff member of a participating college or university campus where the Service is offered, and you must provide a valid campus-affiliated email address (e.g. a ".edu" email) during the registration process. You represent that you are of legal age and authority to form a binding contract (or, if a minor in your jurisdiction, that you have obtained any necessary parental consent to use the Service).
You agree to provide truthful, accurate, current, and complete information during the registration process ("Registration Data") and to promptly update such information to keep it accurate and current. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You may not share your login credentials or allow others to access the Service through your account. If you become aware of any unauthorized use of your account or password, you must notify CARI Delivery immediately.
You agree to periodic re-verification of your affiliation or status (student, faculty, etc.) as required by CARI Delivery or the campus to maintain your eligibility for the Service. CARI Delivery reserves the right to suspend or terminate any account that it reasonably suspects is being used by an ineligible person or that contains false or misleading information.
You are solely responsible for your use of the Service and for any content or information that you submit, post, or transmit via the Service. Your use of the Service must be for lawful purposes only and in compliance with all applicable laws and regulations.
You agree to use the Service in a manner that does not infringe upon the rights of others or interfere with the enjoyment of the Service by others or with the operation of the college/university community. This includes refraining from any conduct that is harmful, harassing, or disruptive.
CARI Delivery reserves the right (but has no obligation) to investigate and take appropriate action against any user who, in our sole discretion, violates the User Conduct rules or any other provision of these Terms. This action may include removing or modifying content, suspending or terminating accounts, and/or reporting such violations to law enforcement or campus authorities. You acknowledge that we may cooperate with law enforcement investigations and will comply with lawful requests or orders to disclose information (per our Privacy Policy and Section 6.2).
CARI Delivery does not claim ownership of the content that you submit or post through the Service ("User Content"). However, by submitting, posting, or otherwise sharing User Content on the Service, you grant CARI Delivery a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid license (with the right to sublicense) to use, reproduce, distribute, adapt, modify, create derivative works of, publicly display, and publicly perform your User Content in whole or in part for the purposes of operating, improving, and promoting the Service and CARI Delivery's business. This license includes any and all rights necessary for CARI Delivery to host, display, transmit, or otherwise use the User Content (including across different media and distribution methods). You acknowledge and agree that this license continues even if you stop using the Service or your account is terminated, to the extent CARI Delivery has retained copies of your User Content (e.g., backup archives of the Service).
You represent and warrant that you own or have all necessary rights and permissions to submit the User Content and to grant the license above. This means, for example, that you have obtained all necessary consents or licenses from any third party whose content or personal information is included in your User Content. You further represent that the posting and use of your User Content on or through the Service will not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any person or entity, nor violate any law or regulation.
You agree not to upload or share any User Content that is unlawful, infringing, or otherwise violates the User Conduct restrictions in Section 4. CARI Delivery is not obligated to monitor User Content, but we reserve the right to remove any User Content from the Service at any time for any reason, including content that we determine in our sole discretion violates these Terms or is otherwise objectionable. CARI Delivery assumes no responsibility for any User Content, and you agree that your use of any content posted by others is at your own risk. We also do not guarantee any confidentiality with respect to User Content; please do not share anything via the Service that you wish to keep private.
Except for User Content, all content and materials available on or through the Service—including but not limited to software, code, designs, text, graphics, images, video, logos, trademarks, and any intellectual property therein—are owned by CARI Delivery or our licensors and are protected by copyright, trademark, trade secret, and other applicable intellectual property laws. CARI Delivery reserves all rights in and to the Service and its content that are not expressly granted to you in these Terms. You are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service and any of CARI Delivery's content solely for your own personal, non-commercial use and as necessary for using the Service in accordance with these Terms. You may not copy, modify, distribute, perform, display, create derivative works from, republish, or exploit any portion of the Service or its content without CARI Delivery's prior written permission, except as permitted by law or as authorized by these Terms.
CARI Delivery respects the intellectual property rights of others and expects users to do the same. If you believe that any content on the Service infringes your copyright, please notify us in accordance with our Copyright Policy or the Digital Millennium Copyright Act (DMCA). Upon proper notice, we will promptly investigate and, if appropriate, remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers.
CARI Delivery collects, uses, and discloses personal information from users in accordance with our Privacy Policy. Please review the Privacy Policy to understand how we handle your information. By using the Service, you consent to the collection and use of your information as outlined therein.
You acknowledge and agree that CARI Delivery may access, preserve, and disclose your account information, usage data, and User Content if required to do so by law or legal process, or if we have a good faith belief that such access or disclosure is reasonably necessary to: (i) comply with any legal obligations (including subpoenas, court orders, or governmental requests); (ii) enforce these Terms (including investigation of potential violations); (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your customer service requests; or (v) protect the rights, property, or safety of CARI Delivery, its users, the campus community, or the public.
CARI Delivery implements commercially reasonable security measures designed to protect your personal information and account data. We follow industry-standard practices to safeguard data (such as encryption of sensitive information in transit). However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee absolute security. You are responsible for using a strong password and maintaining the security of your devices to help protect against unauthorized access to your account.
You agree that CARI Delivery may establish general practices and limits concerning use of the Service, including without limitation the maximum period that data or content will be retained by the Service, and the maximum storage space that will be allotted on CARI Delivery's servers on your behalf. We may, in our sole discretion, archive or delete accounts or content that are inactive for an extended period or exceed storage limitations, without liability to you.
If the Service enables any forums, reviews, chats, or other public communication features, you understand that any content you post in those public areas can be viewed by other users and potentially by the general public. CARI Delivery is not responsible for the use or disclosure by others of any information you voluntarily make public through the Service. Please exercise caution when sharing personal or sensitive information in public areas of the Service.
By creating an account or using the Service, you consent to receive communications from CARI Delivery electronically. These communications may include emails, text messages (SMS), phone calls, in-app notifications or push notifications via the mobile application. Communications from us may relate to your account, orders and transactions, updates or changes to the Service, promotions and marketing offers (from us or our third-party partners), and other news or information regarding CARI Delivery or the college community.
You agree that some of CARI Delivery's communications (including phone calls or text messages) may be generated by automatic telephone dialing systems or include pre-recorded messages. Standard message and data rates or other carrier charges may apply to text messages or calls you receive, depending on your phone plan. You are responsible for those charges.
If you wish to opt out of promotional emails, you may unsubscribe at any time by clicking the "unsubscribe" link in any promotional email or adjusting your account preferences. If you wish to opt out of receiving promotional text messages or calls, you may reply "END" (or follow any instructions provided) to the sending number, or contact us at our support email to request removal. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Service.
If you wish to opt out of all text messages or calls from us (including operational or transactional communications such as order status updates), you may reply "STOP ALL" to any text message from us or contact support to request this opt-out. Please note: If you opt out of essential communications, we may be unable to provide certain aspects of the Service to you (for example, you might not receive order confirmations or delivery notifications). By opting out of all communications, you acknowledge that your experience with the Service may be impacted.
It is your responsibility to provide us with your current email address and phone number, and to promptly update your account if those change, so that you can receive communications. We are not liable for any missed communications or notices (including changes to these Terms) if your contact information is not up to date.
CARI Delivery will use commercially reasonable efforts to maintain the availability of the Service on supported college campuses. However, we do not guarantee that the Service will be uninterrupted, error-free, or available at all times. The Service's operation may be subject to limitations, delays, and other conditions inherent in the use of the Internet, mobile networks, and electronic communications, which are beyond CARI Delivery's control.
We may, from time to time, update, expand, reduce, or otherwise change features and functionality of the Service. Any new or modified features are subject to these Terms. CARI Delivery may also temporarily or permanently suspend or discontinue any part of the Service, for maintenance, upgrades, or any other reason, with or without notice. You agree that CARI Delivery shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
CARI Delivery may suspend or terminate your access to the Service (or any portion thereof) at any time, with or without cause, and with or without notice. By way of example only, this may occur if we determine that you have violated these Terms, violated any applicable law or campus policy, engaged in fraudulent or illegal activities, or if we cease to offer the Service in your area. We may also terminate or suspend your account if requested by the relevant college or university for policy reasons.
Upon any termination of your account or access to the Service: (i) your right to use the Service will immediately cease; (ii) you will no longer have access to your account or any User Content or information stored in connection with your account (and we may delete your User Content and data, except to the extent we are required or permitted to retain it under applicable law or our Privacy Policy); and (iii) any provisions of these Terms which by their nature should survive termination will continue in effect (see Section 20 on Survival). CARI Delivery shall not be liable to you for compensation, indemnity, or damages of any sort as a result of terminating your access to the Service, and you waive any claims related to such termination.
You may discontinue use of the Service at any time by deleting your account or by ceasing to use the Service. If you wish to delete your account, you should contact CARI Delivery customer support with a request. Note that removal of the app from your device or merely ceasing to use does not automatically delete the personal data we hold, see our Privacy Policy for information on account deletion and data handling.
CARI Delivery maintains appropriate insurance coverage for its operations, including general liability insurance and workers' compensation insurance for its employees and delivery personnel. All delivery drivers are required to hold a valid driver's license and to maintain any automobile insurance coverages required by law for the operation of their vehicles. These insurance measures are in place for the protection of our operations and personnel, however, they do not limit the disclaimers or liability limitations set forth in these Terms.
To the fullest extent permitted by law, CARI Delivery shall not be liable for any injuries, losses, or damages that occur during the pick-up, transport, or delivery of orders to campus locations, unless such injuries, losses, or damages are directly caused by CARI Delivery's negligence or willful misconduct. In other words, by using the Service, you agree that CARI Delivery is not responsible for the actions or omissions of third parties, such as independent restaurants or delivery drivers not employed by us, or for any events outside of CARI Delivery's direct control.
Notwithstanding the above, nothing in these Terms is intended to exclude or limit CARI Delivery's liability for damages directly resulting from our gross negligence, intentional misconduct, or knowing violations of law, or campus policies that result in harm. In such cases, CARI Delivery accepts responsibility to the extent required by applicable law. However, any compensatory liability we may have will still be subject to the limitations and exclusions set forth in the remainder of this Section 9.
In no event shall the total cumulative liability of CARI Delivery to you for any and all claims arising out of or relating to your access or use of the Service (or any transactions or interactions with CARI Delivery) exceed the total amount (if any) you paid to CARI Delivery in the six (6) months immediately preceding the event giving rise to the claim. If you have not made any payments to CARI Delivery in that time, CARI Delivery's total liability to you for all claims will not exceed US $100.00. The existence of multiple claims or incidents will not enlarge this cap. This limitation applies to all causes of action in the aggregate, including, without limitation, breach of contract, warranty, negligence, strict liability, misrepresentations, or other torts.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE (INCLUDING ANY FOOD, PRODUCTS, OR THIRD-PARTY SERVICES OBTAINED THROUGH THE SERVICE) IS AT YOUR SOLE RISK. THE SERVICE, AND ALL INFORMATION, CONTENT, AND MATERIALS WITHIN IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. CARI DELIVERY AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CARI DELIVERY MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE (INCLUDING DELIVERY TIMES, ORDER ACCURACY, OR ANY OUTCOMES) WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED.
CARI DELIVERY DOES NOT GUARANTEE OR WARRANT THE QUALITY, SAFETY, OR LEGALITY OF ANY FOOD, BEVERAGES, OR OTHER PRODUCTS PROVIDED BY THIRD-PARTY RESTAURANTS, OR THE ACTS OR OMISSIONS OF ANY INDEPENDENT DELIVERY PROVIDERS. ANY ISSUES OR DISSATISFACTION WITH A RESTAURANT'S PRODUCT (SUCH AS FOOD QUALITY, ALLERGEN CONTENT, INCORRECT ORDERS, OR FOODBORNE ILLNESS) ARE SOLELY THE RESPONSIBILITY OF THE RESTAURANT. CARI DELIVERY DOES NOT WARRANTY THAT RESTAURANTS HAVE COMPLIED WITH ALL APPLICABLE FOOD SAFETY LAWS (ALTHOUGH WE REQUIRE THAT THEY DO SO) AND WILL NOT BE LIABLE FOR ANY ILLNESS, INJURY, OR DAMAGE THAT RESULTS FROM THE CONSUMPTION OF ANY FOOD OR BEVERAGE OBTAINED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT PARTICIPATING RESTAURANTS AND DELIVERY CONTRACTORS ARE INDEPENDENT THIRD PARTIES AND NOT AGENTS, EMPLOYEES, OR REPRESENTATIVES OF CARI DELIVERY; CARI DELIVERY IS NOT RESPONSIBLE FOR THE CONDUCT, PERFORMANCE, OR ACTIONS (WHETHER ONLINE OR OFFLINE) OF ANY SUCH THIRD PARTIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, CARI DELIVERY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS ("COMPANY PARTIES") WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS. This exclusion of damages includes, without limitation, damages for lost profits or revenues, loss of data, loss of business opportunity or goodwill, service interruption, computer damage, system failure, the cost of substitute products or services, or any other intangible losses, even if an agent, owner, employee, contractor, or representative of CARI Delivery ("Company Party") has been advised of the possibility of such damages. These limitations apply regardless of the legal theory of liability (contract, tort, negligence, strict liability, or otherwise).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation/exclusion of certain liabilities (such as incidental or consequential damages). In such jurisdictions, some of the above disclaimers and limitations may not apply to you, but only to the extent that such provisions are prohibited by the laws of your state or country of residence. Nothing in these Terms is intended to limit or exclude any condition, warranty, right, or liability that cannot be lawfully limited or excluded. In particular: nothing in these Terms will exclude or limit liability for: (i) death or personal injury caused by a Company Party's negligence; (ii) a Company Party's willful or intentional misconduct or gross negligence; or (iii) any other liability to the extent that by law it cannot be limited or excluded.
You agree that the provisions of this Section 9 allocate the risks between the parties as a fundamental basis of the bargain, and that CARI Delivery's pricing and ability to offer the Service rely on these limitations of liability and warranty disclaimers. Your sole and exclusive remedy for any problem or dissatisfaction with the Service is to stop using the Service. The maximum liability of CARI Delivery to you in any circumstances is as set forth in Section 9.4 above.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This Section provides that most disputes between you and CARI Delivery must be resolved by binding arbitration on an individual basis, rather than in court. This means you are waiving your right to a jury trial and waiving your right to participate in a class action or similar proceeding. You have the ability to opt out of this arbitration agreement as described in Section 10.6 below.
Except for the exceptions expressly noted below, you and CARI Delivery agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of or access to the Service, or the products or services provided through the Service (each a "Dispute") shall be resolved by binding arbitration on a confidential, individual (non-class) basis. This includes any claims based in contract, statute, tort, fraud, misrepresentation, or any other legal theory. It also includes claims that arose before you accepted these Terms (such as claims related to advertising or earlier services) and claims that may arise after the termination of these Terms.
We are committed to customer satisfaction. In the event of any Dispute, you must first give CARI Delivery an opportunity to resolve the issue by contacting our customer support within 30 days of the event giving rise to the Dispute. You can email or write to us at the contact information provided in Section 22 with a brief written description of your dispute, your account email (or phone number), and the relief you are seeking. We will assign a management-level representative to work with you to try to resolve the Dispute internally. Both you and CARI Delivery agree to negotiate in good faith to resolve the Dispute without resorting to formal proceedings. If, after 15 business days from our receipt of your written complaint (or such longer time as we may mutually agree), we are unable to resolve the Dispute informally, either party may proceed to initiate arbitration as provided below. Any applicable statute of limitations is tolled during the informal resolution period described in this Section.
Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") and conducted by a single arbitrator. You can find the AAA Rules and information on initiating arbitration at the AAA's website. If AAA is not available or refuses to administer the proceedings, a court may appoint a substitute arbitrator or arbitration provider. Unless we agree otherwise in writing, the arbitration hearing will take place in Allen County, Indiana, or at another mutually agreeable location. (If you are an individual consumer and traveling to Indiana would cause you undue hardship, we will consider a request for the hearing to take place via videoconference or at a more convenient location.) The arbitration will be conducted in English and, to the extent feasible, confidentially. The Federal Arbitration Act ("FAA") and applicable federal arbitration law govern the enforceability of this arbitration agreement (despite the choice of Indiana law set forth in Section 11). The arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that the agreement is void or voidable. Judgment on the arbitrator's award may be entered in any court having jurisdiction.
All arbitrations shall proceed on an individual basis. The arbitrator is not authorized to consolidate the claims of multiple parties or to preside over any form of representative or class proceeding. You and CARI Delivery agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Any relief awarded cannot affect other users. If a court decides that any of the provisions of this Section 10.4 are invalid or unenforceable as to a particular claim or request for relief (such that a claim could proceed on a class or representative basis), then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to the venue selection in Section 11, and the arbitration shall proceed with the remaining claims.
Notwithstanding the foregoing agreement to arbitrate, either party may elect to seek resolution in a court of law (rather than through arbitration): (a) for individual claims that are properly filed in a small claims court of competent jurisdiction (i.e., claims within the dollar limit of that court, and so long as the claim remains in small claims court and is not joined with other claims), and (b) for claims seeking temporary or preliminary injunctive relief in a court of law, in aid of arbitration or to protect intellectual property or proprietary rights (for example, claims related to unauthorized use or theft of intellectual property, trade secrets, or digital assets, or to enforce a non-disclosure agreement). The foregoing provisions of this Section shall not prevent either party from seeking injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending the conclusion of any arbitration.
You have the right to opt out of the binding arbitration and class action waiver provisions in this Section 10 within 30 days of first accepting these Terms (the "Opt-Out Deadline"). To opt out, you must send a written notice of your decision to opt out to the following email address: contact@caridelivery.com, or by mail to: CARI Delivery LLC Legal Department, 1721 Irish Way, Notre Dame, IN 46637. Your opt-out notice must include your name, your account information (email and/or phone number), and an unambiguous statement that you elect to opt out of the arbitration agreement. If you opt out of arbitration in compliance with this Section 10.6, the arbitration agreement will not apply to you, and you and CARI Delivery each retain the right to resolve Disputes in court (subject to the venue and waiver provisions in Section 11 below). An opt-out notice only affects these Terms; if you agree to other future terms with CARI Delivery containing an arbitration clause and do not timely opt out of that clause, you will be bound by that agreement. If you do not opt out by the Opt-Out Deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute in court (except for the small claims and injunctive relief exceptions above).
Except for the limited judicial review permitted by the FAA, the arbitrator's decision and award is final and binding on the parties. By agreeing to arbitration, you are waiving your right to a jury trial and to have any Dispute heard by a judge. An arbitrator can award on an individual basis the same damages and relief as a court (including any attorneys' fees and costs if such are available under law). The arbitrator shall issue a reasoned written award sufficient to explain the essential findings and conclusions on which the decision and award are based.
Each party will pay its own attorneys' fees and costs in arbitration, unless the arbitrator awards attorneys' fees to the prevailing party under applicable law or contract. The payment of filing, administration, and arbitrator fees will be governed by the AAA's Consumer Rules. In certain cases, for claims under a certain dollar amount, CARI Delivery will pay all arbitration fees as required by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose under applicable law, then the arbitrator may award attorneys' fees or costs to the extent permitted by law.
This Section 10 (Dispute Resolution) shall survive any termination of your use of the Service or these Terms. Any amendments to this Section 10 will not apply to a Dispute of which we have actual notice on or before the date of the amendment.
These Terms and any Dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Indiana, U.S.A., without giving effect to any conflict of laws principles that would result in the application of the laws of another jurisdiction. However, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 10, as noted therein.
You and CARI Delivery agree that any claim or dispute permitted to proceed in court (such as those falling under an exception to the arbitration agreement or if you validly opt out of arbitration) shall be brought exclusively in the state or federal courts located in Allen County, Indiana, U.S.A. Each party irrevocably submits to the personal jurisdiction of such courts for the purposes of litigating any such claim or dispute. Each Party waives, to the fullest extent it may legally and effectively do so, any objection to the laying of venue in any Indiana court located in Allen County, Indiana, and waives the defense of an inconvenient forum to the maintenance of any such action or proceeding. In summary, if a dispute between us is heard in court, both you and CARI Delivery agree that it will be in a court located in Allen County, Indiana.
You agree to cooperate with any reasonable requests by CARI Delivery for additional information or documentation to verify your identity, eligibility, or any orders placed through your account. This may include, for example, verifying your university affiliation or providing proof of identity if fraud is suspected. Failure to promptly cooperate with such requests may result in delayed or canceled orders, or suspension or termination of your account and right to use the Service.
CARI Delivery reserves the right to suspend or terminate any account that we reasonably suspect to be involved in fraudulent, illegal, or unauthorized activities, pending investigation. We further reserve the right to refuse or cancel any order that we, in our sole discretion, believe was placed fraudulently, without authorization, or otherwise in violation of these Terms. In such cases, we may attempt to notify you, and if you believe your order was canceled in error, you may contact customer support to dispute the decision.
You agree to indemnify, defend, and hold harmless CARI Delivery, its parent company, affiliates, and each of their respective officers, directors, managers, employees, agents, and representatives (collectively, the "CARI Parties") from and against any and all third-party claims, demands, lawsuits, proceedings, losses, liabilities, damages, judgments, or costs and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
CARI Delivery will promptly notify you of any claim for which it seeks indemnification (provided that any failure to promptly notify will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such delay). You will cooperate fully, as reasonably required, in the defense of any claim. CARI Delivery reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with CARI Delivery in asserting any available defenses). You shall not settle any such claim without CARI Delivery's prior written consent, unless the settlement releases the CARI Parties from all liability and does not require any payment or admission of wrongdoing by the CARI Parties.
These Terms (including the documents incorporated by reference, such as the Privacy Policy and any applicable campus-specific addenda or guidelines) constitute the entire agreement between you and CARI Delivery regarding your use of the Service. They supersede all prior or contemporaneous agreements, understandings, or communications between you and CARI Delivery relating to the subject matter hereof. No oral or written information or advice given by any party shall create any additional obligations or warranties beyond those expressly stated in these Terms.
CARI Delivery may assign or transfer these Terms, in whole or in part, and/or delegate its obligations hereunder to any party at any time without your consent, including in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of CARI Delivery. Any purported assignment in violation of this provision is void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.
CARI Delivery may provide you with notices or communications about the Service, including changes to these Terms, by email to the address associated with your account, by postal mail, or by postings within the Service (such as on our website or via an in-app notification). It is your responsibility to keep your account email current. Notices sent by email will be deemed received 24 hours after the email is sent, unless we receive notice that the email address is invalid or the message was not delivered. Notices posted on the website or app will be effective upon posting. For notices to CARI Delivery from you, please see the contact information in Section 22.
No failure or delay by CARI Delivery in exercising any right, power, or remedy under these Terms shall operate as a waiver of any such right or remedy, nor shall any single or partial exercise of any right, power, or remedy by CARI Delivery preclude any further exercise of that right or the exercise of any other right or remedy. A waiver by CARI Delivery of any provision of these Terms must be in writing to be effective, and shall not be construed as a waiver of any succeeding breach of the same or any other provision.
CARI Delivery will conduct periodic reviews (at least annually) of these Terms and of our Service practices to ensure ongoing compliance with applicable laws, regulations, and university policies. We may update these Terms as a result of such reviews or as necessary to adapt to changes in our business or legal requirements. We will notify users of material updates as described in Section 1.2. By continuing to use the Service after any changes to these Terms, you reaffirm your agreement to the updated Terms.
Nothing in these Terms shall be construed to create any partnership, joint venture, franchise, employer-employee, or agency relationship between you and CARI Delivery. You are an independent user of the Service and not an employee or agent of CARI Delivery. Neither party has the authority to bind or act on behalf of the other in any way unless expressly stated in these Terms.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision shall be deemed severed (or, if permissible, narrowly construed or reformed to the minimum extent required so that it becomes valid and enforceable), and the remaining provisions of these Terms will remain in full force and effect.
The parties further agree that any invalid or unenforceable provision will be interpreted and enforced to the maximum extent permitted under law, and that the validity, legality, and enforceability of the other provisions of these Terms shall not be affected as a result. In lieu of any provision that is found to be unenforceable, there shall be added automatically as part of these Terms a provision as similar in terms as may be valid and enforceable.
CARI Delivery shall not be liable for any delay or failure in performance of any part of the Service to the extent that such delay or failure is caused by events or circumstances beyond its reasonable control. Such events may include, but are not limited to, acts of God, natural disasters, fire, flood, storm, or other adverse weather; war, invasion, hostilities (whether war is declared or not), terrorism, riot or other civil unrest; governmental orders or restrictions; national or regional emergencies; strikes, lock-outs or other labor disputes; embargoes or blockades; power or utility outages; internet or communication failures, or shortages of transportation, facilities, fuel, energy, labor or materials.
In the event of a force majeure situation, CARI Delivery's obligations under these Terms will be deemed suspended for the duration of the event. CARI Delivery will make reasonable efforts to resume full performance of the Service as soon as practicable. Nothing in this Section excuses your obligation to pay any fees or amounts owed for services already rendered (if any).
You and CARI Delivery are independent contracting parties. Nothing in these Terms creates any partnership, joint venture, employment, franchise, or agency relationship between you and CARI Delivery. You have no authority to make or accept any offers, representations, or obligations on behalf of CARI Delivery.
You agree that you will not hold yourself out as an agent, representative, employee, or partner of CARI Delivery, and CARI Delivery will not be liable for any of your representations, acts, or omissions. You also agree that you shall not be entitled to any of the rights or benefits afforded to CARI Delivery's employees.
We welcome and appreciate feedback, comments, ideas, or suggestions you may provide to us regarding the Service ("Feedback"). However, any Feedback you submit is voluntary and shall be considered non-confidential and non-proprietary. You acknowledge that CARI Delivery has no fiduciary or other obligation to you or any other party to maintain the confidentiality of Feedback. By providing Feedback to CARI Delivery, you represent that you have the right to do so and you hereby assign all rights, title, and interest in and to the Feedback to CARI Delivery. To the extent any right in the Feedback cannot be assigned, you agree to grant CARI Delivery an exclusive, perpetual, irrevocable, worldwide, fully sublicensable, royalty-free license to use, reproduce, disclose, distribute, modify, and otherwise exploit the Feedback without restriction.
You agree that CARI Delivery and its designees may, for any purpose, commercial or otherwise, in any manner and via any media, use and exploit all or part of the Feedback without any obligation or compensation to you. CARI Delivery shall have sole ownership of any improvements or changes to the Service or any of CARI Delivery's products or services based on such Feedback. You will not be entitled to any acknowledgment or credit for your Feedback, nor any accounting or payment, and you hereby waive any moral rights you may have in the Feedback. By submitting Feedback, you understand and agree that you are doing so entirely at your own risk and that CARI Delivery has no obligation (including no obligation of compensation or attribution) with respect to such Feedback.
All communications and notices made or given pursuant to these Terms shall be in the English language. If we provide a translation of these Terms or any communication into another language, it is for convenience only.
In the event of any inconsistency or conflict between the English version of these Terms and any translation, the English version will control and prevail to the extent not prohibited by law. Any translated versions of the Terms or communications are provided solely to accommodate users, and they do not modify the English Terms.
The following provisions (and any other terms which by their nature should survive) shall survive any expiration or termination of these Terms or of your use of the Service: Sections 5 (User Content and Intellectual Property) (including the licenses granted by you and ownership provisions), 8.4 (Effects of Termination), 9 (Liability, Disclaimers, and Insurance), 10 (Dispute Resolution, Arbitration and Class Waiver), 11 (Governing Law, Venue, and Construction), 13 (Indemnification), 14 (Miscellaneous), 15 (Severability), 16 (Force Majeure), 17 (Relationship of Parties), 18 (Feedback), 19 (Language), 20 (Survival), and 22 (Contact Information) as well as any other provisions that by their context or explicit terms are intended to survive. All such surviving sections shall remain in effect and enforceable following any termination of these Terms.
Termination of your user account or cessation of use of the Service does not release you or CARI Delivery from any obligations incurred prior to the termination (including payment obligations, if any, or indemnification obligations arising from events that occurred while using the Service), and does not extinguish any liability arising from any breach of these Terms.
If you have any questions, concerns, or complaints regarding these Terms or the Service, or if you need to contact CARI Delivery for any reason, you may reach us at:
CARI Delivery LLC
Attn: Legal Department / Customer Support
1721 Irish Way
Notre Dame, IN 46637, USA
Email: contact@caridelivery.com
Phone: (248) 872-1729
We will endeavor to respond to customer inquiries or dispute notices in a timely manner. For official legal notices or service of process, please mail to the address above with attention to "Legal Department - Notice of Terms of Service Issue".
By using the CARI Delivery Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for being part of the CARI Delivery community and for helping us foster a safe and enjoyable campus delivery experience.