Last Updated: March 3, 2026

These Terms of Use are a legally binding contract between you and Forever Alpha LLC dba YourMenu. ("YourMenu," "we," "our," and/or "us") regarding your use of our website at https://order.yourmenu.com, including all sub-platforms (collectively, the "Platform").

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PLATFORM, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (DEFINED BELOW) (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the PLATFORM. YOUR USE OF THE PLATFORM, mobile apps, APIs and services (collective the "Site") AND FOREVER ALPHA LLC'S PROVISION OF THE PLATFORM TO YOU, CONSTITUTES AN AGREEMENT BY FOREVER ALPHA LLC AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15.10, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND YOURMENU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. YourMenu is not a Restaurant or Retailer. YourMenu is a Technology Platform for businesses.

YourMenu is not a restaurant or food preparation entity. YourMenu is a platform that provides services to these types of businesses, such as online ordering, websites, and other technology management that helps these businesses more efficiently and more effectively reach consumers and provide individual consumers, like you, with better products, goods, and services.

The merchants that use our products or services operate independently of YourMenu, (collectively "Customers") and are required to comply with federal, state and local laws, rules, regulations and standards pertaining to the preparation, sale and marketing of food. YourMenu is not liable or responsible for such Customers' food preparation, product or service or quality, safety, or efficacy and does not verify their compliance with any applicable laws. Nor, does YourMenu provide any guarantee regarding the services provided by any of those Customers. YourMenu does not independently verify and is not liable for any statements or representations made by any Customers, whether or not they are featured on our Site or use our products or services. YourMenu does not and cannot guarantee or verify the delivery of any of our Customers products, goods, or services. Should you be concerned about any of Customers products, goods, services, or the delivery of these, you should contact that Customer directly.

3. Eligibility.

You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform or any other service provided by YourMenu; and (c) your use of the Site is in compliance with any and all applicable laws and regulations. If you are not 21 years of age or older you may not use the Platform to obtain any products, such as alcohol, tobacco, or other age-restricted products.

4. Licenses

4.1 Limited License.

Subject to your complete and ongoing compliance with these Terms, YourMenu grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform. All rights not expressly granted to you are reserved by YourMenu.

4.2 License Restrictions.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Platform; (b) make modifications to the Site; or (c) interfere with or circumvent any feature of the Platform, including any security or access control mechanism. If you are prohibited under applicable law from using the Platform, you may not use it.

4.3 Information You Submit.

Do not submit any information or other materials that you consider confidential or proprietary through the Platform. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Platform ("Feedback"), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant YourMenu an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free transferable, sublicensable right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services. Our policies concerning personal data that you submit to use our Site and obtain our services is governed by our Privacy Policy [insert hyperlink here]. If you object to the terms of this Privacy Policy do not submit your personal data to us and do not use our Site or services.

5. Ownership; Proprietary Rights.

The Platform is owned and operated by YourMenu. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform ("Materials") provided by YourMenu are protected by intellectual property and other laws. All Materials included in the Platform are the property of YourMenu or its third-party licensors. Except as expressly authorized by YourMenu, you may not make use of the Materials. YourMenu reserves all rights to the Materials not granted expressly in these Terms.

6. Digital Millennium Copyright Act.

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).

7. Linked Websites.

The Platform may contain links to third-party websites. Linked websites are not under YourMenu's control, and YourMenu is not responsible for their content. If you have questions about the terms governing your use of those third-party sites, including regarding those third-party sites' personal data privacy and data security practices, please contact the third-party company directly or review applicable terms posted on their websites.

8. Text Message Communications from YourMenu and Electronic Communications From Merchants.

When you create an account with YourMenu we will ask for your consent to communicate with you via text messages. When you provide your phone number through the signup flow for our services, you will receive a code to confirm your control of that phone number ("two-factor authentication"). This confirmation will opt the phone number into receiving transactional messages only from YourMenu. If you no longer wish to receive these text messages, text "STOP". After you send the message "STOP", you will receive a reply message confirming that you have been unsubscribed. Please note that by replying "STOP," you will be unsubscribed from receiving text messages for all of YourMenu's services, including two-factor authentication, which may prevent you from access to certain services provided by YourMenu. If you would like to re-subscribe to receive notifications from YourMenu, you can reply to the original SMS with the word "START" or contact support@yourmenu.com for assistance.

Standard message and data rates may apply. Message frequency varies. Text HELP at any time for help. You may opt-out of text messages by replying STOP. You may have to separately opt-out of notifications related to a specific service or product offered by YourMenu. You acknowledge and agree that you may continue to receive text messages for a short time while your opt-out request is processed.

Customers that you transact with that use YourMenu's services may also send you marketing and promotional communications, and valid consent will be obtained independently where legally required. These Customers control and are strictly responsible for the content in all communications with you, and YourMenu does not take any responsibility or accept any liability in connection with those communications. These Customers are also responsible for ensuring that their communications with you are only sent where the Customer has obtained your consent. Communications that you receive via text may be from the specific Customers you transacted with or from other affiliated businesses. Your consent to receive marketing SMS messages is not a condition of purchase. For more information please refer to the privacy policy for the Customer.

If you opt out of marketing text messages from a single Customer you will only be opted out of marketing messages from that specific business.

9. Prohibited Conduct.

BY USING THE PLATFORM YOU AGREE NOT TO:

a. use the Platform for any illegal purpose or in violation of any local, state, national, or international law;

b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

c. interfere with security-related features of the Platform, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Platform except to the extent that the activity is expressly permitted by applicable law;

d. interfere with the operation of the Platform or any user's enjoyment of the Platform, including by uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code or interfering with or disrupting any network, equipment, or server connected to or used to provide the Platform;

e. perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation;

f. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or

g. attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.

h. harvest or collect information about users of the YourMenu Site;

i. use any robot, spider, bot, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the YourMenu Site, without YourMenu's express prior written consent;

j. frame or mirror any portion of the YourMenu Site, or otherwise incorporate any portion of the YourMenu Site into any product or service, unless you obtain YourMenu's express, prior, written consent to do so;

k. reverse engineer, decompile, or disassemble any portion of the YourMenu Site, except where such restriction is expressly prohibited by applicable law; or

l. reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the YourMenu Site except as expressly authorized in these Terms of Use, without YourMenu's express prior written consent.

10. Modification of these Terms.

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If we make a material change to these Terms we will inform you of that change. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

11. Modification of the Platform.

YourMenu reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. YourMenu will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.

12. Term.

These Terms are effective beginning when you accept the Terms or first access, or use the Platform, and ending when terminated as described in this Section 11. If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, YourMenu may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Platform; (b) you will no longer be authorized to access the Platform; and (c) Sections 2, 4.3, 5, 6, 12, 13, 14, and 16 will survive.

13. Indemnity.

To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify YourMenu and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "YourMenu Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. Disclaimers;

No Warranties

14.1 THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. FOREVER ALPHA LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FOREVER ALPHA LLC DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FOREVER ALPHA LLC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR FOREVER ALPHA LLC ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE FOREVER ALPHA LLC ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATFORM OR YOUR USE OF THE PLATFORM. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA.

14.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YourMenu does not disclaim any warranty or other right that YourMenu is prohibited from disclaiming under applicable law.

15. Limitation of Liability

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FOREVER ALPHA LLC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY FOREVER ALPHA LLC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

YOURMENU DOES NOT CONTROL PRICING, FULFILLMENT, QUALITY, OR ALLERGENS OF FOOD OR PRODUCTS PROVIDED TO YOU BY OUR CUSTOMERS.

15.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE FOREVER ALPHA LLC ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 OR THE AMOUNT YOU PAID YOURMENU DURING THE PRIOR SIX MONTHS.

15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Miscellaneous

16.1 General Terms.

These Terms, together with the Privacy Policy available at https://order.yourmenu.com/legal/privacy (the "Privacy Policy"), and any Additional Terms (defined below), are the entire and exclusive understanding and agreement between you and YourMenu regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent, including in the event of a merger or acquisition of some or all of YourMenu. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.2 Governing Law.

These Terms are governed by the laws of the State of California without regard to conflict of law principles that would result in the application of the laws of another jurisdiction. You and YourMenu submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

16.3 Privacy Policy.

Please read the Privacy Policy https://order.yourmenu.com/legal/privacy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16.4 Additional Terms.

Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Site that we may post on or link to from the Platform or that you agree to in connection with certain technology or services made available to you by or on behalf of YourMenu (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.5 Consent to Electronic Communications.

By using the Platform, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.6 Contact Information.

The Platform is offered by Forever Alpha LLC, located at 3532 Worthington Blvd, 201 Urbana, MD 21704. You may contact us by sending correspondence to that address or by emailing us at support@yourmenu.com.

16.7 Notice to California Residents.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.

16.8 No Support.

We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.

16.9 International Use.

The Platform is intended for visitors located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.

17.10. Dispute Resolution and Arbitration.

17.10.1 Generally.

Except as described in Section 17.10.2 (Exceptions) and 17.10.3 (Opt-Out), You and YourMenu agree that every dispute arising in connection with these Terms, your use of the YourMenu Site, or communications from YourMenu will be resolved through binding arbitration, to the maximum extent permitted by law. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND YOURMENU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.10.2 Exceptions.

Although the parties are agreeing to arbitrate most disputes between themselves, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

17.10.3 Opt-Out.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17.10 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to YourMenu, Attention: Legal Department - Arbitration Opt-Out, 3532 Worthington Blvd, 201 Urbana, MD 21704 that specifies: your full legal name, the email address associated with your YourMenu account, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once YourMenu receives your Opt-Out Notice, this Section 17.10 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

17.10.4 Arbitrator.

This arbitration agreement, and any arbitration between the parties, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting YourMenu.

17.10.5 Commencing Arbitration.

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). YourMenu's address for Notice is: 3532 Worthington Blvd, 201 Urbana, MD 21704. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or YourMenu may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, YourMenu will reimburse you for its payment of the filing fee, unless your claim is for more than US$10,000 or if YourMenu has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA Rules.

17.10.6 Arbitration Proceedings.

Any arbitration hearing will take place in Santa Clara County, California unless the parties agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in Santa Clara County, California. During the arbitration, the amount of any settlement offer made by you or YourMenu must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

17.10.7 Arbitration Relief.

Except as provided in Section 15.10.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by YourMenu before an arbitrator was selected, YourMenu will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

17.10.8 No Class Actions.

YOU AND YOURMENU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOU OR YOURMENU'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and YourMenu agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, to the maximum extent permitted by law.

17.10.9 Modifications to this Arbitration Provision.

If YourMenu makes any substantive change to this arbitration provision, you may reject the change by sending YourMenu written notice within 30 days of the change to YourMenu's address for Notice of Arbitration, in which case your account with YourMenu will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

17.10.10 Enforceability.

If Section 17.10.8 (No Class Actions) or the entirety of this Section 17.10 (Dispute Resolution and Arbitration) is found to be unenforceable, or if YourMenu receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 (Governing Law) will govern any action arising out of or related to these Terms.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

19. Modification

YourMenu reserves the right to update these Terms, and, if a change to these terms is material, will provide notice to you of those changes.