Terms and Conditions of Use

Please read these Terms and Conditions of Use (this “Agreement”) carefully, to ensure you understand each provision. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY AND ALL DISPUTES between you (“you”) and Compass Group USA, Inc. and its subsidiaries and affiliates (“we,” “Compass,” and/or "Company"). This Agreement applies to and controls Your use of any Compass mobile apps, kiosk apps, computer applications, scripts, browser plugins, applets, and websites (the “Application”).

Conditions of Use and Modifications

To use the Application and agree to this Agreement, you must have reached the age of majority where you live or have obtained the agreement and authorization from your parent or legal guardian to use the Application. By using an Application in any way, you agree and affirm that (i) you are not located in a country that is subject to a United States or Canadian government embargo, or that has been designated by the United States or Canadian government as a “terrorist supporting” country; and (ii) you are not listed on any United States or Canadian government list of prohibited or restricted parties. Your continued use of the Application affirmatively signifies your acceptance of this binding Agreement between You and Company.

We may update this Agreement from time to time at our sole discretion, without notice, and you agree that it is your responsibility to periodically check this page for any changes. Any modifications or updates to this Agreement shall be effective thirty (30) days following their posting, the date of which shall be noted in the Agreement, and your continued use of the Application shall affirmatively signify your acceptance of any such modifications or updates. If you do not agree with any of the terms or conditions in this Agreement, or as it is modified from time to time, you must stop using the Application.

Third Party Licensors

Some or all of the Application may be provided by a third-party licensor (“Licensor”) who is a third party to this Agreement. While this Agreement is between you and Company, not Licensor, to use the Application, you may also be required to agree to be bound by terms and conditions specified by the Licensor. You represent and warrant to Company that as a condition of using the Application you will abide by any required terms and conditions specified by the Licensor.

In addition to other disclaimers and exclusions contained in this Agreement, Company expressly disclaims to the maximum extent permitted by law: (i) any and all liability related to the Application involving “content,” as defined in the APPLICATION AND CONTENT section herein, which belongs to or is provided by Licensor; (ii) any and all liability related to maintenance or support with respect to the Application provided by Licensor; and (iii) any and all liability related to claims with respect to product liability, intellectual property rights, consumer protection, privacy, or failure to conform to any applicable legal or regulatory requirement involving Licensor’s conduct or content.

Third Party Links

Like many other websites, our websites may contain links to websites of third parties not affiliated with us. These links are provided for your convenience only. Third parties (including websites, social media pages and others) may also provide links or host advertisements to Company products. This Agreement will not apply to these third-party websites and We are not responsible for the privacy practices or the content on any of these other websites, even where these third-party sites indicate a special relationship or "partnership" with us. We do not disclose personal information to any third party sites. The linked or linking sites, however, may collect personal information from you when you visit their site or click links there. To ensure protection of your privacy, always review the privacy policies of the sites you visit when you click on links on our websites.

Application and Content, Copyright

You acknowledge that Content may be made available to you through the Application, including, but not limited to, information, comments, data, software (whether applications, scripts, plug-ins, or applets), photographs, graphics, text, sound, images, and other material (“Content”). All content is owned by Company, Licensor, or another third party. Content is protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada, the United States, and world-wide, and all rights therein are reserved by their respective owners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Agreement or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon.

Your use of the Application does not grant or transfer to you any ownership or other rights in the Application or the Content, and except as expressly provided, nothing herein or within the Application shall be construed as conferring on you or any other person any license under any of Company's, Licensor’s, or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by the rights owners. For greater certainty, you agree that you will not take any action that is inconsistent with Company's ownership of any portion or all of the Application and Content, or with Licensor’s, or any third party’s ownership of any portion or all of the Application and Content. You are hereby expressly prohibited from removing any proprietary notice of Company, Licensor, or any third party, from any copy of the Application or Application Content. If you believe your intellectual property was posted to a Company website or application by a user, please see our Privacy Policy for contact information.

Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Websites in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or other specific location on the Site where the material that you claim is infringing is located.
4. Your address, telephone number and email address.
5. 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.
6. A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.

This information must be submitted to the following email address: DMCA@compass-usa.com

Application Disclaimers

Company provides you with access to the Application on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, excludes all representations, warranties, conditions and other terms. Company does not warrant that the Application or any content will be uninterrupted or error-free, that defects will be corrected or that the Application or the servers hosting the Application will be free of viruses or other harmful components.

The Application may be used to facilitate other services such as the purchase, sale, and delivery of goods, food and beverages to its customers, food quality, nutrition and allergen information, food safety, service of alcohol, payment. Issues with any of these uses, or any other issues, are not covered by this Agreement. This Agreement applies only to the Application; other services such as those listed that may be facilitated by the Application are not subject to this Agreement and Company makes no representation or warranties as to those services. In providing the Application pursuant to this Agreement, Company makes no representations or warranties as to the lawfulness or merchantability of the underlying services, which may be subject to other agreements. In this Agreement, Company makes no representations or warranties as to food quality, nutrition and allergen information, food safety, service of alcohol, age verification, ingredient listings or any other issue relating to the services facilitated by the Application.

Your Account and Security

The Application, or certain features and/or portions of the Application may utilize a user account that is password-protected and may require you to complete a registration process in order to obtain access and create your user account. When registering to use any such features and/or portions of the Application, you agree: (i) that the information you provide to Company or Licensor is true, accurate, current and complete; and (ii) that you will update such information in order to maintain its truth, accuracy, currency and completeness. You are responsible for protecting the confidentiality of your username(s) and password(s), and for ensuring that you log out of your account at the end of each session. You agree to notify Company immediately of any unauthorized use of your username(s) or password(s) or any other breach of security that you become aware of involving or relating to the Application. Company will not be liable for any loss or damage arising from your failure to protect your username(s) or password(s) or to otherwise comply with this Section.

Company reserves the right, at its sole discretion, to suspend or terminate your account or any portion thereof, and/or your use of the Application, with or without notice, and/or to request that you return or destroy any copies of the Content made by you.

Termination

If you violate any provision of this Agreement, your permission to use the Application, and the materials and Content obtained through the Application, shall automatically terminate, and you must immediately cease your use of the Application and destroy any copies you have made of any portion of the Content. We reserve the right to seek all remedies available at law and in equity for your violation of this Agreement, including the right to terminate your access to any or all Applications and the content immediately at any time without notice and without any obligation to you. Company, in its sole discretion, may also terminate your access to any or all Applications at any time without notice, with or without cause.

Entire Agreement

This Agreement constitutes the entire agreement between you and Company with respect to your use of the Application, superseding any prior agreements between you and Company with respect to the Application. When using the Application, you may be subject to additional terms and conditions that are applicable to certain products or services that may be posted on the Application.

Arbitration and Class Action Waiver

Company and you agree that any and all disputes, controversies, or claims arising out of or relating to this Agreement, or the Application or Content shall be finally resolved by binding arbitration under the rules of the American Arbitration Association applying North Carolina law. The seat of the arbitration shall be in Mecklenburg County, North Carolina, unless the parties agree otherwise in writing. You agree that you will not participate in any class action or class-wide arbitration for any claims covered by this Agreement. Company reserves the right to seek injunctive or other appropriate relief from any court of competent jurisdiction, located in Mecklenburg County, North Carolina, before, during, or after the arbitration to preserve the status quo or prevent irreparable harm.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflict of laws principles. You agree to the personal and exclusive jurisdiction and venue in the state and federal courts located in Mecklenburg County, North Carolina, and waive any objection to such jurisdiction or venue.

Contact Information

If you have any questions about this Agreement, or if you need to notify us, you may contact us by:

Email: contact@compass-usa.com
Mail: 2400 Yorkmont Road Charlotte, NC 28217