RALLY FOOD SERVICE TERMS OF SERVICE
Date of Last Revision: Nov 6, 2024
Welcome to Rally!
Acceptance of These FOOD SERVICE Terms of Service
Rally Charlotte, LLC (“Rally,” “we,” “us,” or “our”) provides our services (described below) (the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By submitting an Order Form for Services, or otherwise accepting the Services from Rally, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you may not submit the Order Form or otherwise receive the Services from Rally.
Service Description: The Service is designed to provide food and beverage options, and related food service, to patrons of Rally, as set forth in the applicable order form (“Order Form”). Rally will use commercially reasonable efforts, consistent with industry practices to provide the Services in a safe manner. Any other goods or services provided by or related to Rally, that does not include the Services, are not governed by these Terms of Service, and are instead governed by other agreements and policies.
Conditions of Access and Use OF THE SERVICES
Fees: You agree to pay Rally the amount that is specified in the Order Form in accordance with these Terms of Service. Your method of payment (e.g., credit card) will be charged either when you originally place an order for Services (via phone or otherwise), or on or after the date you submit the Order Form. If you dispute any charges you must let Rally know within thirty (30) days after the date that Rally charges you.
Payment Processing: Notwithstanding any amounts owed to Rally hereunder, RALLY DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (collectively, “Payment Processors”). These payment processing services are provided by the Payment Processors and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Rally assumes no liability or responsibility for any payments you make through the Service.
Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Rally. If you wish to cancel all or part of the Services and the Order Form, please contact Rally at least five (5) business days before the date of the reservation (as noted on the Order Form) at 980-221-0081.
Indemnification
You agree to defend, indemnify, and hold harmless Rally, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Rally Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms of Service, or your violation of any rights of another, except to the extent of Rally’s gross negligence or willful misconduct. Rally will provide notice to you of any such claim, suit, or proceeding. Notwithstanding the foregoing, (a) you will have no obligation to indemnify or hold harmless any Rally Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Rally Party and (b) Rally reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Rally’s defense of such matter. You may not settle or compromise any claim against the Rally Parties without Rally’s written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE RALLY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE RALLY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RALLY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RALLY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE; (C) YOUR OR ANY OF YOUR GUESTS’ ALLERGIES THAT ARE NOT EXPRESSLY COMMUNICATED TO RALLY ON THE ORDER FORM, OR (D) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE RALLY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID RALLY PURSUANT TO THE ORDER FORM, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
General
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Rally governing your access and use of the Service, and supersede any prior agreements between you and Rally with respect to the Service. These Terms of Service will be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Rally submit to the personal and exclusive jurisdiction of the state and federal courts located within Mecklenburg County, North Carolina. The failure of Rally to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within three (3) months after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Rally, but Rally may assign or transfer these Terms of Service, in whole or in part, without restriction. Rally will be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or service, in whole or in part, as a result of a cause beyond its reasonable control and without its fault or negligence, including, but not limited to, acts of God, acts of war, epidemics, fire, communication line failures, power failures, earthquakes, floods, blizzard, or other natural disasters. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail.
Questions? Concerns? Suggestions?
Please contact us at 980-221-0081 to pose any questions regarding these Terms of Service or the Service.
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