Terms of Service

We are pleased to welcome you to Canton Rodeo, operated by Pembroke Inc (“Canton Rodeo”). These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of Canton Rodeo’s online Platform, which includes our website, www.cantonrodeo.com (the “Website” or the “Platform”), through which you can place orders for food and beverages from our restaurants (the “Services”). In these Terms of Use, the words “you” and “your” refer to each customer, user, Platform guest or visitor and “we”, “us” and “our” refer to Canton Rodeo, its subsidiaries, successors in interest and assigns, and www.cantonrodeo.com.

Please read these terms of use carefully before using the Platform and make sure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Canton Rodeo and you regarding your use of the Platform and supersede any prior statements or representations. This Platform’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof. The Privacy Policy is available on the Website. You are not authorized to use the Platform if you do not agree to be legally bound by any or all these Terms and Conditions.

Consent to Terms and Conditions

By using the Platform and/or registering for an account, you agree that you have read and understood the Terms of Use and agree that you will comply with same for as long as you use the Platform.

Use of this Platform

Access to, distribution and/or use of this Platform is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Platform would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Platform and/or register for an account and/or any interactive functionality of the Platform, you are deemed to have confirmed your acceptance to these Terms of Use and the Platform’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Platform. By having accepted these Terms of Use, and/or entering and participating in the activities offered on this Platform, you affirm, represent and warrant that:(a) you are 18 years of age or older; (b) you are located in the United States; (c) all information you submit via the Platform shall be truthful and accurate (and you will maintain the accuracy of such information); (d) you will abide by these Terms of Use; and (e) your use of the Platform shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use

From time to time, these Terms of Use may change. Canton Rodeo reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Platform and changes will become effective once posted. Your continued access to or use of the Platform will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Ownership of the Platform and Services

This Platform and the Services provided by Canton Rodeo on the Platform and all intellectual property rights to the same (collectively, “Materials”) are owned or licensed by Canton Rodeo. Canton Rodeo hereby grants you permission to use the Platform as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Canton Rodeo’s intellectual property rights in the Materials.

You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Canton Rodeo (collectively, “Canton Rodeo intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Canton Rodeo’s consent.

Except as otherwise indicated on this Platform, copying, reproducing, uploading, downloading, transmitting or any other use of this Platform or of any of the Materials, in whole or part, without the express permission of Canton Rodeo, is prohibited. Any unauthorized access to, use or copying of this Platform and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Provision of the Services by Canton Rodeo

Canton Rodeo seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Canton Rodeo provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Canton Rodeo may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Canton Rodeo’s sole discretion. Canton Rodeo may disable your Account (as defined herein), with no notice to you if, in Canton Rodeo’s sole and subjective discretion, you are in violation of any of the Terms of Use.

You acknowledge and agree that if Canton Rodeo disables access to your Account, you may be prevented from accessing the Services, your Account details or any files or other content which is contained in your Account.

Setting Up Your Account

You can place orders through the Website as a guest or by registering and setting up an account (“Account”). Guest checkout and Accounts are provided through Toast, Inc. (“Toast”), the third-party platform that powers our digital ordering system. All information you provide in connection with setting up your Account must be truthful. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Platform under such access codes or passwords. The Services do not currently support connecting through social media accounts. You must be at least 18 years old to set up an Account. When you register, you will be asked to provide your name, a phone number and an email address. The information you provide to Canton Rodeo is subject to our Privacy Policy. Please see our Privacy Policy, available on the Website, for information concerning the collection and use of Personal Information from this Platform.

Termination or Cancellation of Your Account

You may terminate your Account with Canton Rodeo at any time, at your sole discretion, by contacting us at info@cantonrodeo.com. We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Canton Rodeo may refuse service to anyone, at any time, for any reason.

Ordering Through Canton Rodeo

By opening an Account and/or placing orders through the Platform, you are agreeing to our Terms of Use, including those governing your orders from and payments to Canton Rodeo. If you violate the Terms of Use, we may cancel your Account.

Canton Rodeo partners with several third-party software providers and platforms to manage and deliver its Services to you. For example, all payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Toast, a third-party platform used by Canton Rodeo to manage its digital ordering and payment systems. Please review carefully the Toast Guest Terms of Service, which can be found at https://pos.toasttab.com/terms-of-service, and the Toast Privacy Statement, which can be found at https://pos.toasttab.com/privacy. Canton Rodeo is not liable to you for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Toast terms. Orders placed through the Platform are currently available for pickup only. Delivery of Canton Rodeo orders may be available through third-party marketplaces such as Uber Eats, DoorDash and Grubhub. Orders placed through those marketplaces are placed on their platforms, not through our Platform, and are governed exclusively by the applicable marketplace’s terms and conditions of use and privacy policy. Canton Rodeo is not liable to you for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by those marketplace terms, including but not limited to the timeliness of delivery once your order has been picked up from Canton Rodeo.

To place an order through the Platform, you will need to provide valid credit card and billing information. Cash payments are accepted for purchases made in person at our restaurant locations but cannot be used for orders placed through the Platform. Your payment information is provided directly to Toast and is not stored by Canton Rodeo. All orders placed with us are final and will be charged upon confirmation of the order. All orders are subject to availability at your selected location. Images of our products that you see on the Platform are illustrations and examples only and are not meant to be identical to the food or packaging you receive from the location from which you order. Digital gift cards purchased through the Platform are issued and processed through Toast and are subject to Toast’s applicable terms and conditions.

Promotions/Rewards Programs

Canton Rodeo offers a loyalty rewards program administered through Toast. Members earn one (1) point for every $1 spent on qualifying purchases, and one hundred (100) points may be redeemed for a $10 reward. New members may also receive a signup reward, subject to a minimum purchase requirement. Rewards have no cash value, are not transferable, and may not be combined with other offers unless expressly stated. Canton Rodeo reserves the right to modify, suspend or terminate the rewards program, or any member’s participation in it, at any time, for any reason, and without notice. Any additional program terms presented at enrollment are incorporated into these Terms of Use.

Links

The Platform may contain links to other applications, Platforms and social media features (collectively, “Other Apps”) that are not controlled and/or maintained by Canton Rodeo. Access to and use of Other Apps is at your own risk and subject to any Terms of Use and Privacy Policies which govern such Other Apps. By providing such links, Canton Rodeo shall not be deemed to endorse, recommend, approve, or guarantee any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such Other Apps. Canton Rodeo is not responsible for the content contained on any Other App, or for the failure of any product or service offered, available for purchase, or advertised on any Other App or for any damages that may result therefrom. Copyrights in the materials or information on the linked Other Apps are owned by other organizations. Moreover, such Other Apps may have privacy policies or terms of use that differ from those of the Platform and/or may provide their users with less security than the Platform. Accordingly, you should review the privacy policies and terms of use on such Other Apps before using them.

Your Use of the Platform

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Platform. You also agree that you will not extract data from the Platform and/or use the Platform content or services for training a machine learning or artificial intelligence (AI) system and/or model without Canton Rodeo’s prior express permission.

We make no warranty or representations that our Platform and Services are compatible with your devices. In Canton Rodeo’s sole discretion, we may add, remove or modify functions of the Website at any time.

You are responsible for maintaining the confidentiality of your password and Account information, and you agree that you will restrict access to your device to avoid disclosure of such. You further agree that you will be responsible for all activity undertaken under your password and/or Account.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Platform and Services.

Limitation of Liability and Warranty and Use Disclaimer

Canton Rodeo endeavors to make sure that all information and data it originates on the Platform is accurate. However, Canton Rodeo is not responsible for any damage or loss related to the use of this Platform.

THIS PLATFORM, ALL CONTENT AND MATERIAL CONTAINED ON THIS PLATFORM, ALL SERVICES PROVIDED ON THIS PLATFORM AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE PLATFORM AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE PLATFORM OR THE MATERIALS AND CONTENT CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBISTE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. CANTON RODEO RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS WEBISTE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE PLATFORM OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER CANTON RODEO (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS PLATFORM, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

TO THE FULLEST EXTENT PERMITTED BY LAW, CANTON RODEO MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY PLATFORMS LINKED TO THIS PLATFORM; AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF CANTON RODEO’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE PLATFORM, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE PLATFORM AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE PLATFORM.

Canton Rodeo is not responsible for any damage or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Indemnity

Unless prohibited by law, you agree to indemnify Canton Rodeo, and each of its parent, subsidiary and affiliated entities (collectively, “Canton Rodeo Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Platform; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Canton Rodeo, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with Canton Rodeo electronically, via email or otherwise, you consent to receive electronic communications from Canton Rodeo. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Canton Rodeo satisfy any legal requirement that such communication be in writing. Canton Rodeo encourages you to retain your own copies of relevant information; however, upon your written request, Canton Rodeo will provide you with a copy of the information you provided to Canton Rodeo when creating your Account. Please see our Privacy Policy concerning providing information to Canton Rodeo, your consent to receiving information from Canton Rodeo, your ability to withdraw such consent, and Canton Rodeo’s obligations with respect to maintaining and/or returning any information you have provided to Canton Rodeo. To request a copy of information you provided to Canton Rodeo, please contact us at info@cantonrodeo.com.

With respect to all communications you make to Canton Rodeo directly and/or through the Platform, including but not limited to feedback, questions, comments, suggestions and the like (“Submissions”): (i) you shall have no right to confidentiality in your communications and Canton Rodeo shall have no obligation to protect your communications from disclosure; (ii) Canton Rodeo shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Canton Rodeo shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.

You grant Canton Rodeo a non-exclusive, perpetual, sublicensable, irrevocable, transferable, royalty-free worldwide license to use the Submissions for any purpose. You are responsible for the Submissions that you provide, and you, not Canton Rodeo, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. Additionally, you release Canton Rodeo (including but not limited to its officers, directors, agents, and employees) from any and all claims, demands, and/or damages (actual and/or consequential) arising from your Submissions.

Acquisition of Business

In the event that Canton Rodeo, or an affiliate of Canton Rodeo is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Canton Rodeo goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Platform, all data collected on the Platform (including Personal Information still within our possession, custody or control), and any of our rights and obligations under these Terms of Use and our Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Canton Rodeo may continue to use the Personal Information as set forth in our Privacy Policy. If that occurs, a notice will be posted to such effect on the Platform and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.

Copyright Infringement - Notice and Take-Down Policy

Canton Rodeo values intellectual property and respects the intellectual property rights of others and will remove materials on its Platform that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Platform, you may notify Canton Rodeo in writing as follows:

Address: Canton Rodeo, c/o Pembroke Inc, 205 Hudson Street, Suite 839, New York, NY 10013

Electronic Mail Address: info@cantonrodeo.com

In your notice, you must include the following:

i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;

ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;

iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Canton Rodeo to locate such materials;

iv. contact information (i.e., name, address, email address) sufficient to enable Canton Rodeo to contact you;

v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

U.S. Export Controls

Software from or related to this Platform (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Platform. No Software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.

SMS Messaging

Canton Rodeo offers its customers mobile alerts regarding marketing alerts (and other information such as cart and order updates) by SMS message (the "SMS Service"). If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “text message”) sent through an automatic dialing system. By providing your prior written consent and participating in the SMS Service, you are agreeing to these Terms of Use and to the Privacy Policy.

Signing Up and Opting-In to the SMS Service

Enrollment in the SMS Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the SMS Service starts, you will need to agree to these Terms of Use. Canton Rodeo reserves the right to stop offering the SMS Service at any time with or without notice.

By opting-in to the Service, you:

A. Authorize Canton Rodeo to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).

B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.

C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.

D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at info@cantonrodeo.com. To view and retain an electronic copy of these Terms of Use or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the SMS Service, your message frequency may vary. When you sign up to receive text messages, we may send you information and alerts about promotional offers and more. These instances include but are not limited to:

A. When you are welcomed into the SMS Service

B. Sale promotions

C. Event information

D. Product launch announcements

E. Cart reminders

F. Order updates

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.

Canton Rodeo text messages are intended to be supported on U.S. telecom carriers. The SMS Service may not be available on all wireless carriers. Supported wireless carriers may change without notice. Canton Rodeo and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

The SMS Services are provided on an “AS IS” basis. Data obtained from you in connection with any text message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

To Stop the SMS Service

To stop receiving text messages from Canton Rodeo, text the word STOP any time or reply STOP to any of the text messages you have received from Canton Rodeo. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Canton Rodeo and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Canton Rodeo through any other programs you have joined until you separately unsubscribe from those programs. These Terms of Use still will apply if you withdraw the consent mentioned above or opt out of the SMS Service.

Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you have an affirmative obligation and agree to update your Account profile to prevent us from inadvertently communicating with anyone who acquires any phone numbers previously attributed to you, and any new phone number(s) you attach to your Account may receive our standard marketing text messages unless you also unsubscribe via the above procedures.

Disputes and Governing Law

Use of this Platform and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Canton Rodeo of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Canton Rodeo’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Arbitration

Agreement to Arbitrate

Except as these Terms of Use otherwise provide, you and Canton Rodeo acknowledge and agree that any and all disputes and causes of action arising out of or connected with this Platform and/or Services (collectively, “Disputes”) shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration, except that each party retains the right to (i) to bring an individual action in a small claims court that has jurisdiction over such claims and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Applicable Rules

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court, subject to the limitations set forth herein. Except as otherwise provided in these Terms of Use, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.

The arbitration will be conducted under the then current and applicable rules of JAMS. The JAMS rules are available at www.jamsadr.com.

Arbitration Location and Arbitrator

The arbitration will be conducted in a location that is reasonably accessible to you. The arbitration will be conducted before a single neutral arbitrator that the parties mutually select or is otherwise appointed by JAMS.

Fees

If you initiate arbitration against Canton Rodeo, you will be required to pay the $250.00 consumer arbitration initiation fee, and your own attorney’s fees, if you retain counsel to represent you in the arbitration. All other administrative costs of the arbitration will be borne by Canton Rodeo, including any remaining JAMS Filing Fee, Case Management Fee and all professional fees for the arbitrator's services. If Canton Rodeo initiates the arbitration against you, Canton Rodeo will pay all costs associated with the arbitration.

Damages

Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Platform and Services, you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to the Platform and/or the Services.

Arbitrator’s Award

An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

Notwithstanding anything to the contrary set forth in these Terms of Use, Canton Rodeo may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Canton Rodeo in the event that Canton Rodeo believes that there is a violation, or a threatened violation, that has jurisdiction of any of Canton Rodeo’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Contact Us

If you have any questions concerning this Platform or any of the policies set forth in these Terms of Use, please contact us at info@cantonrodeo.com.