MAD Greens Terms and Conditions of Use

(Last updated February 19, 2021)
These Terms and Conditions of Use (the "Terms and Conditions") govern your access to, and use of, MAD Greens' websites (each, a "Site" or "Website"), mobile applications (the "App"), mobile text messaging, and other digital or online services (collectively, the "Services") operated by or on behalf of Salad Collective, LLC d/b/a MAD Greens ("MAD Greens", "us" or "Company".)

YOUR CONSENT
By using the Services, you are agreeing to these Terms and Conditions, including the MAD Greens App Terms and Conditions and the Privacy Policy which are incorporated herein by this reference. MAD Greens reserves the right to modify these terms and conditions at any time without notice. You should regularly review these Terms and Conditions, as your continued use of the Services after any changes constitutes your agreement to be bound by them. The Services are designed for adults, and by using these Services you represent and warrant that you are a legal adult and have the capacity to be legally bound in contract. Any person or entity who interacts with the Services through the use of crawlers, robots, browsers, data mining, or extraction tools, or other functionality, whether or not that functionality is installed by a third party, is deemed to be using the Services and to agree to be bound by these Terms and Conditions. 

CHILDREN
If you are under the age of 18, only use the Services with the involvement of a parent or guardian. If you are under the age of 13, please do not use the MAD Greens Services. The content is not intended for children under the age of 13.  

OWNERSHIP, COPYRIGHTS AND TRADEMARKS 
The Sites, the software and code that comprise and operate our Sites, and all of the text, information, documents, products and services, trademarks, logos, graphics and images (collectively, the "Materials") on our Sites are protected under copyright, trademark, service mark and/or other intellectual property laws. Unauthorized use of any Materials may violate intellectual property, privacy, and communication laws. The Company owns and reserves all rights in our Sites and in all Materials except where owned by a licensor or other third party. MAD Greens owns the copyright associated with each Site.
As a user of our Sites, you are prohibited from (a) making modifications to our Site or the content of our Sites; (b) using our site for any commercial purposes unrelated to or not specifically authorized by the Company; (c) destroying, deconstructing or disassembling any part of our Sites or the content; (d) removing any copyright, trademark registration, or other proprietary notices from the content; or (e) copying, exploiting or republishing any portion of the Sites or the content without the express consent of the Company. 
Nothing on our Sites may be construed as granting, directly or indirectly any license or right to use any trademarks, service marks or copyrights used on the Site without the prior express written permission of the Company or the trademark owner. 

ACCOUNTS AND PASSWORD-PROTECTED AREAS OF OUR SERVICES 
Certain Services may require an account and be password protected. In creating an account, you agree to provide only true and complete information, and to promptly update information to keep it current. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Sites or customer third-party websites linked from our Sites using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Sites and linked websites using a password assigned to you, even if the individual is not, in fact authorized by you. You agree to notify us promptly at [email protected] if you have reason to believe that your password may have been compromised or used without authorization

LINKS TO THIRD PARTY WEBSITES 
MAD Greens provides links to third party websites that are not under the control of MAD Greens, which may include, without limitation, pages associated with Facebook, Instagram, Twitter, Pinterest, YouTube, Google, Google Pay, Apple, Apple Pay, Stripe, PayPal, MSI an ezCater company, Olo, Punchh, Tattle, Big Zpoon and 42droids. You acknowledge that MAD Greens is providing these links to you for your convenience. These other websites may have additional or different terms and conditions and/or privacy policies. MAD Greens makes no representations or warranties about the content, completeness, or accuracy of these links or the sites linked to or from the Sites. Furthermore, MAD Greens does not implicitly endorse third-party sites linked to or from its Sites.

DIGITAL ORDERING
MAD Greens requires advanced payment for all digital orders. If you order our products using the Services, you are responsible for ensuring that your order is correct in all respects, including the products ordered, the designated location for pick up or delivery, the delivery address, if applicable, the payment information. Once an order is placed, you will not have the opportunity to cancel it. You will be charged for your order whether you receive it or not. If you elect to have your order delivered, you consent to our contracting with any third-party delivery company in our sole and absolute discretion to deliver all the items included in your order.
MAD Greens reserves the right to deny or cancel any order for any reason, including without limitation, if there are errors in pricing, unavailability of products, or suspected fraud, and in such event we will provide a refund for products ordered. Except as when initiated by MAD Greens, all amounts, fees, taxes paid by you are not refundable. 

DISCOUNTS AND PROMOTIONS
MAD Greens may from time to time offer discounts and/or promotional offer codes ("Offer Codes") that are also subject to additional terms and conditions. Unless otherwise stated, all Offer Codes may only be used one time by one person. By using an Offer Code, you agree to the express terms of that Offer Code, not to duplicate, sell, transfer or make available to the public, unless expressly permitted by us, that we may disable the Offer Code prior to your use without liability to you, that it is not redeemable for cash, that it may expire prior to your use. In the event of any conflict between these Terms and Conditions and those of any Offer Codes or contest rules, the latter shall prevail over these Terms and Conditions. 

MAD POINTS REWARDS PROGRAM
MAD Greens reserves the right to implement a MAD Points rewards program (the "Rewards Program") for customer rewards and promotions. Such Rewards Program Terms and Conditions can be found here and are subject to change without notice. The Rewards Program account and rewards or offers have no cash value and are not redeemable for cash.

APP
MAD Greens may publish an App and make that available to download from a digital application store, including the Apple App Store or Google Play Stores. The application store shall have no liability with respect to the App. MAD Greens is responsible for the Services, including all content in, maintenance and support of, and claims related to the App. Use of the App requires you to have access to a wireless network, which is not provided by MAD Greens, and you are responsible for all costs associated with the wireless network of your choice. 

GIFT CARDS
We offer physical gift cards for sale in our restaurants and on our Sites. The terms and conditions associated with these gift cards are on the back of the cards. 

USER SUBMITTED CONTENT 
By using our Sites, posting or providing any of your ideas, suggestions, documents and/or proposals ("User Content") to MAD Greens, to our Sites or sending User Content in any media or medium to us, you are granting the Company, its affiliates, successors and assigns, a non-exclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize that User Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post or send to us any User Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas. 
 We reserve the right to remove or block in whole or in part User Content in our sole discretion. We may also disclose any User Content and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of the Company or others, or to enforce these Terms of Use. You agree that our exercise of such discretion shall not render us the owners of User Content you post, and that you will retain ownership thereof.
 By posting User Content, you represent and warrant that (a) you own or otherwise control all of the rights to the User Content and have the right to grant the license set forth in these Terms and Conditions; (b) the User Content is accurate and appropriate, (c) you are at least eighteen years old or older if the state in which you have residence has an older age of majority, and (d) you have read, understood and agree to fully comply with these Terms and Conditions and applicable laws.
Although we do not claim ownership of your User Content submitted through our Sites or third-party links on our Sites, the comments, questions, and information you provide to us will be and remain our exclusive property. The Company is entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any data you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any data that you do not wish to assign to us.

TEXT MESSAGING 
If you choose to participate in promotion that involves the use of text messaging (either sending or receiving), MAD Greens will not charge you for the text messaging; however, applicable text messaging rates from your mobile service provider will apply. You can opt-out and be removed from any mobile text program, by contacting MAD Greens at [email protected], but that may limit the Services available to you. MAD Greens is not liable for any delays in the receipt of any SMS messages or undelivered messages. 

INDEMNIFICATION
You agree to indemnify and hold harmless MAD Greens, its parents, subsidiaries, affiliates, officers, employees, contractors, agents, business partners, and licensors from all losses, costs, liabilities and expenses (including attorneys' fees) relating to or arising out of your User Content, your misuse of the Services, your violation of these Terms and Conditions, your violation of any applicable laws, rules or regulations. MAD Greens reserves the right to assume the exclusive defense and control of any matter for which you are required to provide indemnification, and you agree to fully cooperate in that defense. This indemnification section shall survive any termination of or withdrawal of your consent to these Terms and Conditions.

NOTICES AND CONTACT INFORMATION
Notice provided by us to the latest e-mail you have provided to us shall constitute valid notice to you whether it reaches you or not, so please keep you contact information current. You may provide notices to us at Salad Collective, LLC, 112 N. Rubey Drive, Suite 220, Golden, CO 80403. You may also contact us by email at [email protected], or online at www.feedback.madgreens.com.

DISCLAIMERS 
OUR SITES, THEIR CONTENTS, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS PARENTS AND SUBSIDIARIES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO OUR SITES, THEIR CONTENTS, AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THESE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS PARENTS AND SUBSIDIARIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THESE SITES; (D) THAT THE INFORMATION ON THESE SITES, INCLUDING MENUS AND PRICING INFORMATION, IS ACCURATE, COMPLETE OR CURRENT; OR (E) THAT THESE SITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE COMPANY, ITS PARENTS OR SUBSIDIARIES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SITES, ANY CONTENT PUBLISHED ON OUR SITES, OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY, ONE OF ITS PARENTS OR SUBSIDIARIES, HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY THE COMPANY, ITS PARENTS AND SUBSIDIARIES, (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TWO DOLLARS ($2.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO ALL OR PART OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

WAIVER AND SEVERABILITY
Any failure to enforce any provision of these Terms and Conditions or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.

CHOICE OF LAW AND FORUM FOR DISPUTES 
You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern this Policy. To the extent that this Policy conflicts with applicable state or United States federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. You agree that any claim or dispute of any sort that might arise between you and MAD Greens, its officers, directors, employees, agents or affiliates related to this Policy must be brought in Denver, Colorado, U.S.A., subject to applicable jurisdictional requirements in any such action or proceeding. You irrevocably waive any objection to such venue.  

Copyright 2021 Salad Collective, LLC. All rights reserved.