Terms and Conditions

Qlane ("we", "us" or "our") agrees to furnish services to the User (the "customer", "you" or "your"), subject to the following Terms of Service. By accessing this website, qlane.app, and/or under other domains owned by Qlane, we assume you accept these terms and conditions. Do not continue to use Qlane if you do not agree to take all of the terms and conditions stated on this page.

Qlane reserves the right to modify the Terms of Service without notice.

The Web Site and the Qlane Services are a third-party marketplace for customers (Customers) to view, discuss, and place orders for food and beverages, with participating merchants (the Merchants) and third-party delivery drivers (the Third-Party Drivers), and is a merchant of such order placement services only. Neither Qlane, the Web Site, nor the Qlane Services is a merchant of food or beverages, or any pickup or delivery services in connection therewith, and does not sell or control the Merchants or the production of any food or beverages, or any Third-Party Drivers therewith, produced at or provided by the Merchants or Third-Party Drivers.

The Merchants have entered into agreements with Qlane to comply with federal, state and local laws, rules, regulations, standards pertaining to food preparation, sale, marketing and safety, and privacy laws. Qlane, including the Web Site and the Qlane Services, does not in any way independently verify the credentials or representations of any of the Merchants, the ingredients or the quality of any their products or services, or any Merchant’s compliance with applicable laws.

Customers using the Qlane Services must make themselves comfortable through the information provided by the Merchants and the Third-Party Drivers on the Web Site, by contacting the Merchants and/or Third-Party Driver directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability of the Merchants and/or Third-Party Drivers, and the Merchants and/or Third-Party Drivers compliance with applicable laws. Qlane, including the Web Site and the Qlane Services, does not in any way guaranty the quality of any Merchants Partner, or any food or beverage, or any pickup-up or delivery service with Third-Party Drivers in connection therewith, or any compliance thereof with applicable laws. In addition, a Merchant may represent certain standards with respect to their food preparation (or other services) such as organic, kosher, macrobiotic or allergen-specific standards such as nut-free, gluten-free, or lactose-free Qlane does not investigate or verify any such representations. Qlane shall not be liable or responsible for any food or beverages, or any other services, offered by the Merchants and/or Third-Party Drivers or any errors or misrepresentations made by them (including on the Web Site and through the Qlane Services).

Contractors and Merchants Are Independent:

You understand and agree that Qlane provides a technology platform connecting you with independent food service providers (our Merchants) and others that provide the products offered through the Services (“Merchants”), and independent third-party contractors who provide delivery services (“Third-Party Drivers”). You acknowledge and agree that Qlane does not itself prepare food or offer delivery services and has no responsibility or liability for the acts or omissions of any Merchant, Merchant Third-Party Driver. Qlane is not the retailer of any products offered by Merchants, nor is it in the delivery business or a common carrier. Qlane provides a technology platform facilitating the transmission of orders by Users to Merchants and Merchants for pickup or delivery by Third-Party Drivers. Qlane will not assess or guarantee the suitability, legality or ability of any Merchant, Merchant or Third-Party Driver. You agree that Qlane is not responsible for the Merchant’s food preparation or the safety of the food and does not verify Merchants’, Merchants’ or Third-Party Drivers’ compliance with applicable laws or regulations. Qlane has no responsibility or liability for acts or omissions by any Merchant, Merchant or Third-Party Driver. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that the Third-Party Driver will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Third-Party Driver nor Qlane holds title to or acquires any ownership interest in any goods that you order through the Services.

We do take customer satisfaction very seriously and, in addition to contacting the applicable Merchants, Merchants and/or Third-Party Drivers directly, we ask that you notify Qlane of all complaints or concerns that you might have regarding the Merchants and Third-Party Drivers.

ORDERING AND PAYMENT

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.

Qlane uses the 3rd party payment platform, Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Qlane account. Qlane is a “Partner Application” as defined in the Stripe Terms of Service.

By using Qlane and agreeing to the Qlane Terms and Conditions, You also agree to be bound by Stripe’s Terms of Service.

You expressly understand and agree that Qlane shall not be liable for any payments and monetary transactions that occur through Your use of the Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Qlane shall not be liable for any issues regarding financial and monetary transactions between You and any other party, including Stripe.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe. Qlane is not liable for loss or damage from errant or invalid transactions processed with Your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If You process a transaction, it is Your responsibility to verify that the transaction was successfully processed.

You understand that Qlane uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Qlane liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to Your Stripe account, Your Qlane account, or Your business.

You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or Your Qlane account.

COMMUNICATIONS & TEXT MESSAGES

By voluntarily providing your cell phone number to Qlane, you agree that Qlane may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand and consent that such messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details.

REFUND POLICY

Qlane takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Merchant directly, but, if you have not been able to resolve your issue with the Merchant to your satisfaction, please contact Qlane and we will try to assist you. If you have already been billed by Qlane, Qlane may, in its sole discretion, issue full or partial refunds or no refunds.

USER REPRESENTATIONS, WARRANTIES AND COVENANTS

By using or accessing the Web Site and/or the Qlane Services, you represent, warrant, and covenant that:

All registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information; also you will keep your password confidential and will be responsible for all use of your password and your Qlane Account. You are not a minor in the jurisdiction in which you reside, or if you are a minor, that you above the age of 13 and that you have received the permission of your parents or legal guardian to use or access the Web Site and the Qlane Services; and your use of or access to the Web Site and the Qlane Services does not violate any applicable law.

CONTRIBUTIONS

The Web Site and the Qlane Services allow Users to interact with other users by reviewing and posting comments. You are entirely responsible for the content of, and any harm resulting from, your use of, participation with, and postings in the interactive portions of the Web Site (such use, participation, and/or postings, being your Contribution). When you create or make available a Contribution, you thereby represent and warrant that:

1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.

2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Qlane, the Web Site, and the Services, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms.

3. your Contribution is not (in all cases as determined by Qlane in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party.

4. your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on Qlane′s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party.

5. your Contribution does not inundate the Web Site with communications or other traffic suggesting no serious intent to use the Web Site for its stated purpose.

6. your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation.

7. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Qlane in its sole and absolute discretion.

8. does not violate Qlane’s privacy policy.

By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to Qlane an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Web Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.

Qlane has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.

Qlane may accept, reject, or remove any Contributions, including Merchant reviews in its sole and absolute discretion, but Qlane has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review on Web Site or social media accounts owned by Qlane of any Merchant, your review must comply with the following criteria: (1) you should have firsthand experience with the Merchant; (2) you are not be affiliated with any competitors of the Merchant; (3) you will not make any conclusions as to the legality of the Merchant’s products, services, or conduct; and (4) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms and our Privacy Policy. Reviews are not endorsed by Qlane (including its Web Site and the Qlane Services), and do not represent the views of Qlane or of any affiliate or partner of Qlane. Qlane does not assume liability for any review or for any claims, liabilities or losses resulting from any review.

SUBMISSIONS AND FEEDBACK

In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Web Site and/or the Qlane Services (Submissions) provided by you to or via Qlane, the Web Site, or the Qlane Services are non-confidential and Qlane (as well as any designee of Qlane) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, including commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

The Web Site and the Qlane Services are for personal, noncommercial use only (unless specifically endorse or approved by Qlane). You may not access or use the Web Site for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Merchants and Third-Party Drivers. Additionally, the following uses and activities of and with respect to Qlane, including the Web Site and the Qlane Services, are prohibited:

1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets, and any other conduct prohibited by law.

2. advertising to, or solicitation of, any user to buy, sell or barter any products or services, unless authorized by Qlane.

3. systematic retrieval of data or other content from the Web Site or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory.

4. engaging in unauthorized framing of or linking to the Web Site or the Qlane Services.

5. transmitting chain letters or junk email.

6. using any information obtained from the Web Site or the Qlane Services in order to contact, advertise to, solicit, or sell to any user.

7. engaging in any automated use of the Web Site or the Qlane Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools.

8. interfering with, disrupting, or creating an undue burden on the Web Site or the Qlane Services or the networks or services connected or linked thereto.

9. attempting to impersonate another user or person.

10. using the username of another user.

11. selling or otherwise transferring your profile.

12. using any information obtained or accessed from the Web Site or the Qlane Services in order to harass, abuse, or harm another person, or any other conduct prohibited by law.

13. using the Web Site or the Qlane Service as part of any effort to compete with Qlane, the Web Site, or the Qlane Service or to provide services as a service bureau.

14. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Web Site or the Qlane Services.

15. attempting to bypass any measures of the Web Site or the Qlane Services designed to prevent or restrict access to the Web Site or the Qlane Services, or any portion of the Web Site or the Qlane Services.

16. harassing, annoying, intimidating or threatening or any illegal conduct to any Qlane employees or agents engaged in providing any portion of the Qlane Services.

17. displaying an advertisement or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Web Site or the Qlane Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose or in violation of our Privacy Policy.

18. deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Web Site or the Qlane Services (including any content therein and thereof).

19. using the Web Site or Qlane Services in violation of our Privacy Policy, and

20. using the Web Site and/or the Qlane Services in a any manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

As between you and Qlane, all of the content included in and as a part of the Web Site and the Qlane Services (including, without limitation, all source code, databases, functionality, software, Web Site designs, audio, video, text, photographs, and graphics, the Qlane Content), including all trademarks, service marks, and logos contained therein (Marks), is the property of or is licensed to Qlane, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Qlane reserves all rights in and to the Web Site, the Qlane Services, and the Qlane Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Web Site and the Qlane Services; the license granted hereby does not include any resale or commercial use of the Web Site, the Qlane Services, or the Qlane Content. If you download or print a copy of the Qlane Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Web Site or features that prevent or restrict use or copying of any Qlane Content or enforce limitations on use of or access to the Web Site or the Qlane Content therein.

LINKS AND CONTENT

The Web Site and the Qlane Services may contain, or you may be sent through the Web Site or the Qlane Service to, links to other Web Sites (Third Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the Third-Party Content). Such Third-Party Websites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Qlane (including the Web Site and the Qlane Services), and Qlane (including the Web Site and the Qlane Services) are not responsible for any Third-Party Websites accessed through the Web Site or any Third-Party Content posted on, available through or installed from the Web Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third- Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Website or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you agree that Qlane (including the Web Site and the Qlane Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Web Site or through the use of the Qlane Services or as may otherwise relate to any applications that you use or install from the Web Site or through the Qlane Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and Qlane (including the Web Site and the Qlane Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.

SITE MANAGEMENT

Qlane reserves the right but does not have the obligation to:

Monitor the Web Site and the Qlane Services for violations of these Terms. Take appropriate legal action against anyone who, in Qlane's sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities. In Qlane's sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate these Terms or any applicable policy of Qlane, the Web Site, and/or the Qlane Services. In Qlane's sole and absolute discretion, remove from the Web Site or the Qlane Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Web Site’s or the Qlane Services' systems; and Otherwise manage the Web Site in a manner designed to protect the rights and property of Qlane and others and to facilitate the proper functioning of the Web Site and the Qlane Services.

PRIVACY

We care about the privacy of our users. Please review Qlane Privacy Policy. By using the Web Site or the Qlane Services, you are consenting to have your personal data transferred to and processed in the United States and in accordance with the terms of Qlane Privacy Policy.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Web Site or the Qlane Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Web Site and the Qlane or by notifying Qlane directly.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, QLANE RESERVES THE RIGHT TO, IN QLANE'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEB SITE AND THE QLANE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND QLANE MAY TERMINATE YOUR USE OR ACCESS TO THE WEB SITE AND THE QLANE SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN QLANE'S SOLE AND ABSOLUTE DISCRETION.

Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.

APPLICABLE LAWS

These Terms will be governed and construed according to the laws of the State of Delaware for terms, conditions, use, and policies contained in this Agreement, except for the Disputes Section, excluding conflict of laws principles. The Disputes section below, which shall be governed, interpreted and enforced by the Federal Arbitration Act. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms.

DISPUTES

IMPORTANT: READ THIS SECTION CAREFULLY BECAUSE IT LIMITS HOW YOU CAN SEEK RELIEF FROM QLANE AND REQUIRES YOU TO ARBITRATE ANY DISPUTES, ISSUES OR CLAIMS INDIVIDUALLY.

Notice of any dispute against Qlane must be made pursuant to this Disputes section within 1 year of its accrual or your claim will be barred and waived.

1. If there is a dispute between Users of the Web Site, or between Users and any third party (including any Merchants or Third Party Drivers), you understand and agree that Qlane (including the Web Site and the Qlane Services) is under no obligation to become involved. In the event that you have any such dispute between Users and any third party (including any Merchants and Third-Party Drivers), you hereby release Qlane (including the Web Site and the Qlane Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

2. Informal Resolution If a dispute should arise between Qlane and you, we want to reach a reasonable resolution. In order to achieve that, Qlane needs to understand any dispute or issue. Therefore, if a dispute or issue should arise, both Qlane and you agree to make a good faith effort to resolve it informally before proceeding with any further dispute process, arbitration, proceeding or otherwise. To start this informal process, written notice is sent to the other party including the Qlane Account holder’s name or the email address associated with the Qlane Account, a description of the dispute or issue, and the relief that is being sought. If to Qlane, email to info@qlane.app and also include your name. If to you, we will send to the Qlane Account holder at the email address associated with that Account.

You and Qlane both agree to negotiate in good faith to resolve the dispute or issue, including informal telephone calls between you and Qlane. If either party is represented by an attorney, their attorney may participate in the telephone calls, but both parties agree to also participate in each telephone call between the Parties to try and resolve the dispute or issue. If not resolved to either party’s satisfaction after 45 days from the receipt of the notice, both you and Qlane agree to proceed with further Disputes’ provisions stated below. Any applicable statute of limitations or time limitations are tolled during this 45-day informal resolution period, provided the Parties are participating.

The informal process stated above is a condition precedent and prerequisite to commencing any formal dispute process, arbitration, proceeding or otherwise.

3. Arbitration You and Qlane agree that all disputes, claims or disagreement regarding the performance or interpretation of this Agreement, payments to or from Qlane, or in any way relate to your access to or use of the Web Site, the Services, and/or termination of this Agreement that are not resolved as stated above, will be resolved by arbitration. Notwithstanding the foregoing, each party retains the right to bring an action to: (a) seek an injunction or other equitable relief in any applicable court in any jurisdiction to prevent actual or threatened infringement, violation or misappropriation of the party’s copyrights, trademarks, patents, trade secrets or intellectual property rights, or (b) resolve the dispute or issue through filing of a small claims action in the Small Claims division of any court subject to the maximum jurisdictional amounts, agree to accept the judgment rendered by such small claims court, and waive the right to appeal the judgment.

YOU AND QLANE BOTH AGREE THAT EACH OF YOU WAIVE YOUR RIGHT TO A JURY TRIAL TO THE MAXIMUM ALLOWED BY LAW. THIS MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, ISSUE OR CLAIM. RIGHTS TO DOCUMENTS AND INFORMATION, A HEARING, AND THE RIGHT TO APPEAL MAY BE LIMITED IN ARBITRATION.

Arbitration shall be with the American Arbitration Association (AAA), unless the Parties agree otherwise in writing. The AAA Commercial Arbitration Rules or the Consumer Arbitration Rules then in effect will to govern the arbitration. The requirements and the rules are located on AAA website at https://www.adr.org.

If the dispute or issue was not resolved by the informal resolution process, you or Qlane may initiate a claim in arbitration by providing a written Demand for Arbitration in the manner as provided in the applicable AAA rules and using the AAA Demand for Arbitration form.

The arbitration will be with one arbitrator, who may be either a retired judge or an attorney licensed to practice law in the state in which the claim is filed. The parties will attempt to agree on an arbitrator in accordance with AAA rules. If the Parties are unable to agree on an arbitrator within 21 days from receiving a list of eligible neutral arbitrators, then AAA shall appoint the arbitrator in accordance with its Rules.

The arbitration will be conducted in the county where you reside, unless both Qlane and you agree otherwise. Any claim for less than $25,000 and does not seek declaratory relief or an injunction will be submitted to arbitration solely on the documents provided by each party unless the arbitrator requests a hearing. Any claim for $25,000 or more or one that seeks declaratory relief or injunction(s), the arbitrator will determine the reasonable exchange of documents and information, and the right to a hearing pursuant to the applicable AAA rules and this Agreement. All arbitration proceedings will be confidential and not open to the public. All records relating to the arbitration will be permanently sealed, except as required to obtain a court confirmation of the Arbitrator’s Award.

The arbitrator will render an award on a claim within the time specified in the applicable AAA rules. The arbitrator’s decision will include essential findings of fact, the conclusions upon which the arbitrator award was based on, the amount of money damages awarded, and any other relief to the extent that is available under the applicable law, AAA rules, and this Agreement. The arbitrator has the authority to award monetary damages to an individual claim and to grant on an individual basis any non-monetary remedy or relief available to an individual to the extent permitted under the AAA rules and as set forth in this Agreement. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

Both parties will pay their own costs for arbitration, unless you demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation. In that event, Qlane will pay the portion of the filing fee, administrative, and/or arbitrator fees as the arbitrator determines necessary to prevent the arbitration from being cost prohibitive to you.

Attorney fees may only be awarded to the prevailing party in the arbitration if authorized under applicable substantive law governing the claim in arbitration.

Any party that the arbitrator deems has filed a frivolous claim under AAA rules, that party shall not recover any damages, attorney fees or costs, and will be required to pay or reimburse the other party for its filing fees, administrative fees, arbitrator fees, attorney fees and other costs incurred.

4. No Class Action TO THE MAXIMUM ALLOWED BY LAW, YOU AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR A CLASS ACTION ARBITRATION OF ANY CLAIM OR CLAIMS, OR ANY JOINT OR COLLECTIVE CLAIMS, INCLUDING A PRIVATE ATTORNEY GENERAL OR OTHER PUBLIC INJUNCTIVE RELIEF, UNLESS QLANE AND YOU AGREE OTHERWISE IN WRITING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, JOINT, OR COLLECTIVE PROCEEDING OR ARBITRATION FOR OR AGAINST QLANE. THE ARBITRATION MAY NOT AWARD ANY RELIEF FOR OR AGAINST ANYONE OR ANY ENTITY THAT IS NOT A PARTY TO THE INDIVIDUAL CLAIM. ANY AWARD OF THE ARBITRATOR WILL BE ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT INDIVIDUAL PARTY’S CLAIM.

If a court of competent jurisdiction deems the above clause is unenforceable with respect to a particular claim or a request for relief and the appeal of that decision has been exhausted or is otherwise final, the Parties agree that the particular claim or request for relief will be severed and stayed pending the completion of the arbitration of the remaining claims.

5. Batch Arbitration Claims For the purpose of administration efficiency and resolution of large numbers of arbitrations, if more than 100 arbitration claims are filed with AAA within a 30-day period, containing similar demands or claims, or from the same organization or law firm, AAA will administer such claims in batches of 100 claims. The final batch may consist of the remaining claims even if less than 100. AAA will apply a single filing fee and administrative fee for each batch, to be shared equally by each side. AAA will also appoint one arbitrator for each batch. You agree to the above proposed batching method, or some similar type of method proposed by AAA. Such agreement to a batching method to be applied by AAA to handle the large number of arbitrations against a single company shall not be interpreted to authorizing a class arbitration of any kind.

6. Right to Opt-Out of Arbitration You may reject this provision, in which case only a court may be used to resolve any dispute, issue, controversy or claim. To reject this provision, you must us by mail notice of opting out within 30 days after you create a Qlane account or we first provide you with the right to reject this provision. Your notice must include your name and address, the email address currently used to access your Qlane Account, and a clear statement that you want to opt-out of the Arbitration Agreement. The Opt Out must be mailed to Qlane, LLC, Attn: Legal Qlane, 1250 Borregas Avenue, #152, Sunnyvale, CA 94089. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the Terms of Use, or the Qlane Services, and will have no effect on any other or future agreements you may reach to arbitrate with us.

7. Amendments Qlane may change this Disputes section from time to time. If Qlane changes this Disputes section, you agree that your continued accessing or using of the Web Site or Services after such change is noticed will be deemed acceptance of those changes. If you do not accept the change, within 30 days of such notice, you must reject such changes made to Disputes section in writing to Qlane at info@Qlane.com or Qlane, LLC, 39899 Balentine Dr., Suite 200, Newark, CA 94560. Your written rejection must clearly state your intent to reject changes to this Disputes section and include your full name. By rejecting changes made, you agree to resolve any dispute between you and Qlane in accordance with Disputes provisions in the last prior Agreement accepted by you.

DISCLAIMERS

Qlane cannot control the nature of all of the content available on the Web Site or through the Qlane Services, or the products and services being sold by the Merchants or delivered by the Third-Party Drivers therein. By operating the Web Site and providing the Qlane Services, Qlane does not represent or imply that Qlane endorses any Merchants, Third-Party Drivers, Contributions, or any other content, services or products available on or linked to by the Web Site or through the Qlane Services, or that Qlane believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products, services or content you may encounter on the Web Site or through the Qlane Services or in connection with any Merchants, Third-Party Drivers, Contributions, or other third parties.

YOU AGREE THAT YOUR USE OF THE WEB SITE AND QLANE SERVICES WILL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QLANE, ITS OFFICERS, MANGERS, EMPLOYEES, MEMBERS, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND QLANE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. QLANE DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE, THAT THE DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSES. QLANE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR THE CONTENT OF ANY WEB SITE’S LINKED TO THIS WEB SITE. UNDER NO CIRCUMSTANCES WILL QLANE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE AND QLANE SERVICES, (C) ANY HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE OR THROUGH THE QLANE SERVICES. QLANE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QLANE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QLANE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFIT, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR ACCESS THE WEB SITE OR QLANE SERVICES, EVEN IF QLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF QLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILIY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QLANES LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QLANE FOR ORDER PLACED BY YOU THROUGH THE QLANE SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CLAIM OR ANY CAUSE OF ACTION INITIALLY ARISING OR $100.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HIS SETTLEMENT WITH THE DEBTOR:"

INDEMNITY

You agree to defend, indemnify and hold Qlane, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the "Qlane Indemnitees") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any party due to or arising out of your Contributions, your use of or access to the Web Site, or your use of or access to Qlane Services, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, Qlane reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an Qlane Indemnitee, and you agree to cooperate, at your expense, with Qlane's defense of such claims. Qlane will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it.

Last updated: June 2021