ABOUT THIS AGREEMENT, OUR TROJAN DINING APP, AND YOUR RIGHTS

This Trojan Dining Terms of Service (the “Agreement”) describes the terms and conditions under which Golden Age Technologies LLC (“Golden Age” or “we” or “us” or “our”) will provide you (“you” or “your” or “Customer” or “Additional User”) use of the Trojan Dining Trojan Dining Application, and related software (collectively, the “Trojan Dining App”). 

The terms and conditions in the “GENERAL TERMS AND CONDITIONS” section below are applicable to the Trojan Dining App unless otherwise indicated. 

Use of the Trojan Dining App is governed by the Trojan Dining End User License Agreement (“EULA”). 

We may change our prices, fees, the Trojan Dining App and/or the terms and conditions of this Agreement in the future. The Trojan Dining App is currently provided at no cost. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any material changes to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s) deleting the Trojan Dining App. However, if you continue to use the Trojan Dining App after the end of the notice period (the “Effective Date”) of the change, we will consider that you have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose. We may provide such notice using the email address you have provided to us, using the Trojan Dining App, or other communication permitted under applicable law.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT INCLUDES: VARIOUS LIMITATIONS ON AND EXCLUSIONS OF OUR LIABILITY TO YOU (SEE SECTIONS 7 AND 8); YOUR INDEMNITY OF US (SEE SECTION 9); AND BINDING DISPUTE RESOLUTION PROVISIONS THAT GOVERN HOW DISPUTES WILL BE RESOLVED VIA ARBITRATION AND WAIVE YOUR RIGHT TO CLASS ACTIONS (SEE SECTION 10)

GENERAL TERMS AND CONDITIONS

1. ACCEPTANCE OF THIS AGREEMENT

By using the Trojan Dining App, you are agreeing to and accepting all the terms and conditions in this Agreement, as well as the terms and conditions in the EULA for use of the Trojan Dining App and the Trojan Dining Privacy Statement, each of which are incorporated in this Agreement by this reference.

2. CHANGES TO TROJAN DINING APP

Subject to applicable law, we may change our Trojan Dining App, prices, fees, and/or the terms and conditions of this Agreement in the future. We also may rearrange, delete, add to or otherwise change features or offerings contained in the Trojan Dining App. When feasible or when required under applicable law, we will give you thirty (30) days prior notice of any material adverse impact to our Trojan Dining App under this Agreement. If you find the change unacceptable, you must delete the Trojan Dining App from all of your devices. However, if you continue to use the Trojan Dining App after the thirty (30) day notice period, we will consider that you have accepted the changes. We may provide such notice, as described in section 11 of this Agreement (“Notice Method”), using the email address you have provided to us, using the Trojan Dining App, or other communication permitted under applicable law. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.

3. MAINTENANCE AND OWNERSHIP OF EQUIPMENT

GOLDEN AGE HAS NO RESPONSIBILITY FOR THE OPERATION OR SUPPORT, MAINTENANCE OR REPAIR OF ANY EQUIPMENT, SOFTWARE OR SERVICES THAT YOU ELECT TO USE IN CONNECTION WITH THE TROJAN DINING APP (the “Customer Equipment”), EXCEPT AS PROVIDED IN THE Trojan Dining Trojan Dining Application End User LICENSE Agreement WITH RESPECT TO THE TROJAN DINING APP.  We have the unrestricted right, but not the obligation, to upgrade or change the software that enables the Trojan Dining App at any time that we determine it necessary.

4. USE OF TROJAN DINING APP

You will not use or permit another to use the Trojan Dining App, directly or indirectly, for any unlawful purpose, including, but not limited to, in violation of any posted Golden Age policy applicable to the Trojan Dining App. 

You acknowledge and agree that you shall be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Trojan Dining App. You agree to indemnify, defend and hold harmless Golden Age and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) arising out of the misuse of the Trojan Dining App or the breach of this Agreement or violation of any of the applicable Golden Age policies or agreements by you or any Additional User.

5. ASSIGNABILITY

This Agreement and the Trojan Dining App furnished hereunder may not be assigned by you. We may freely assign our rights and obligations under this Agreement in our sole discretion, without notice to you.

6. TERMINATION OF THIS AGREEMENT

a. Term. This Agreement will be in effect from the time the Trojan Dining App is activated until (i) it is terminated as provided for by this Agreement or (ii) it is replaced by a revised Agreement.

b. Termination by You. You have the right to cancel your Trojan Dining App by properly deleting the Trojan Dining App from your mobile device.

c. Suspension and Termination by Golden Age. Golden Age reserves the right, subject to applicable law, to act immediately and without notice to terminate or suspend the Trojan Dining App at Golden Age’s sole discretion, with or without cause. After termination, data transfer may continue until you properly delete the Trojan Dining App.

d. Your Obligations upon Termination. You agree that upon termination of this Agreement and/or the Trojan Dining App you will immediately cease all use of the Trojan Dining App.

e. Termination of Service Subscriptions. If you fail to pay the full amount for any add-on paid services due and payable to Golden Age or a third party, then Golden Age, at its sole discretion in accordance with applicable law, may suspend or disconnect any or all the Trojan Dining App you receive. 

7. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TROJAN DINING APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TROJAN DINING APP PROVIDES NO GUARANTY OF ACCURACY REGARDING MENUS BEING PRESENTED AT ANY DINING FACILITY OR THE CONTENTS OF ANY FOOD ITEMS ON SUCH MENUS.  NEITHER GOLDEN AGE NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT THE TROJAN DINING APP WILL DELIVER SPECIFIC RESULTS OR MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE, OR OPERATE AS REQUIRED, WITHOUT DELAY, OR WITHOUT ERROR. NEITHER GOLDEN AGE NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS WARRANT THAT ANY COMMUNICATIONS WILL BE TRANSMITTED IN UNCORRUPTED FORM OR WILL WORK PROPERLY WHEN USED WITH A THIRD-PARTY DEVICE. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

8. LIMITATION OF GOLDEN AGE’S LIABILITY

a. Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of Golden Age and its affiliates, suppliers, employees, agents or contractors, including underlying third-party service providers (and their respective officers, employees, agents, or contractors) which, but for that provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.

b. Customer Equipment. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY GOLDEN AGE, NEITHER GOLDEN AGE NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO ANY CUSTOMER EQUIPMENT. 

c. Other Equipment. BY ACCEPTING THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ALL CLAIMS AGAINST GOLDEN AGE FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE TROJAN DINING APP AND ANY OTHER SERVICES, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE TROJAN DINING APP IN ACCORDANCE WITH SECTION 6.

d. Software. When you use the Trojan Dining App, you may require access to the Internet. Golden Age makes no representation or warranty that the Trojan Dining App does not contain a virus or other harmful features. It is your sole responsibility to take appropriate precautions to protect any Customer Equipment from damage to software, files, and data as a result of any such virus or other harmful feature. We may, but are not required to, terminate all or any portion of the installation or operation of the Trojan Dining App if a virus or other harmful feature or software is found to be present on your Customer Equipment. We are not required to provide you with any assistance in removal of viruses. If we decide, in our sole discretion, to install or run virus check software on your Customer Equipment, we make no representation or warranty that the virus check software will detect or correct any or all viruses. We may, but are not required to, provide automatic software updates from time to time. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GOLDEN AGE NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT. In addition, as part of the installation process for the Trojan Dining App files on your Customer Equipment may be modified. Golden Age does not represent, warrant or covenant that these modifications will not disrupt the normal operations of any Customer Equipment including without limitation your computer(s), or cause the loss of files. Golden Age does not represent, warrant, or covenant that the installation of the special software or applications will not cause the loss of files or disrupt the normal operations of any Customer Equipment, including but not limited to your computer(s).  NEITHER GOLDEN AGE NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA.

e. Disruption of Service. The Trojan Dining App is not fail-safe and is not designed or intended for use in situations requiring fail-safe performance or in which an error or interruption in the Trojan Dining App could lead to injury to business, persons, property or environment (“High Risk Activities”). You expressly assume the risks of any damages resulting from High Risk Activities. We shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Trojan Dining App, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you or your property; failure of any internet connection; riot or insurrection; war; explosion; malicious mischief; fire, flood, lightening, earthquake, wind, ice, extreme weather conditions or other acts of God; failure or reduction of power; or any court order, law, act or order of government restricting or prohibiting the operation or delivery of the Trojan Dining App. If any credits are provided by Golden Age, they are provided in our sole discretion and in no event shall constitute or be construed as a course of conduct by Golden Age.

f. Third Parties. Notwithstanding anything to the contrary in this Agreement, you acknowledge and understand that we may use third parties to provide components of the Trojan Dining App, including without limitation their services, equipment, infrastructure or content. Golden Age is not responsible for the performance (or non-performance) of third-party services, equipment, infrastructure or content, whether or not they constitute components of the Trojan Dining App. Golden Age shall not be bound by any undertaking, representation or warranty made by an agent or employee of Golden Age or our underlying third-party providers and suppliers in connection with the installation, maintenance or provision of the Trojan Dining App, if that undertaking, representation or warranty is inconsistent with the terms of this Agreement. Golden Age is not responsible for any services, equipment, infrastructure and content that are not provided by us, and we shall have no liability with respect to such services, equipment, infrastructure and content. You should address questions or concerns relating to such services, equipment, infrastructure and content to the creators of such services, equipment, infrastructure and content. While the Trojan Dining App may be compatible with third party products, we do not endorse or warrant any third-party products, services or content that are distributed or advertised over the Trojan Dining App. You or your Additional Users connection to a third party product authorizes Golden Age to transfer information to that third party to operate the service(s).

g. Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER GOLDEN AGE NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER, ADDITIONAL USER, OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS: (I) INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (A) YOUR RELIANCE ON OR USE OF THE TROJAN DINING APP OR (B) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE TROJAN DINING APP (INCLUDING BUT NOT LIMITED TO ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION OR FAILURE OF PERFORMANCE OF THE SERVICE, THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF INFORMATION OR DATA OR DAMAGE TO YOUR HVAC SYSTEM); OR (II) ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE TROJAN DINING APP BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. To the maximum extent permitted by applicable law, in no event shall Golden Age’s (INCLUDING GOLDEN AGE’S AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS) total liability to you for all DIRECT damages (other than as may be required by applicable law in cases involving personal injury) exceed the total price paid for the Trojan Dining App. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the exclusions or limitations set out in this AGREEMENT may not apply to you, and you may have additional rights.

h. Customer’s Sole Remedies. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement. If the above limitations, the exclusion or limitation of implied warranties, or the limitation or exclusion of incidental or consequential damages are not permitted by law, the liability of Golden Age and its employee, affiliates, suppliers, agents and contractors is limited to the maximum extent permitted by law.

i. Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.

j. Exclusion of Damages. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the exclusions or limitations set out in this Agreement may not apply to you, and you may have additional rights.

9. INDEMNIFICATION AND LIABILITY OF CUSTOMER

YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS GOLDEN AGE AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF THE FOLLOWING BY YOU AND ANY OF YOUR ADDITIONAL USERS (I) MISUSE OF THE TROJAN DINING APP; (II) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY COPYRIGHT, PATENT TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM MISUSE OF THE TROJAN DINING APP OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (III) BREACH OF ANY PROVISION OF THIS AGREEMENT; (IV) ACCOUNT ACCESS OR ACTIVITY DUE TO FAILURE TO PROTECT LOG-ON CREDENTIALS; AND (V) ANY CAUSE OF ACTION BY ANY OF YOUR ADDITIONAL USERS, INCLUDING ANY AND ALL ALLEGATIONS, SUITS, CLAIMS AND PROCEEDINGS (INCLUDING REASONABLE ATTORNEYS’ AND PROFESSIONAL FEES) (COLLECTIVELY, “CLAIMS”) AND ALL RELATED DAMAGES INCURRED BY YOU OR GOLDEN AGE AS A RESULT OF OR ARISING FROM YOUR ADDITIONAL USER’S BREACH OR ALLEGED BREACH. IT IS UNDERSTOOD AND AGREED THAT YOU THE CUSTOMER ASSUMES FULL LIABILITY FOR A BREACH BY ANY OF YOUR ADDITIONAL USERS OF THIS AGREEMENT.

10. GENERAL

a. Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this Agreement, and they replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. If Golden Age fails to insist upon or enforce strict performance of any provision of this Agreement, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

b. Additional Representations and Warranties. In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:

i. Age: You are at least the age of majority in your jurisdiction of residence.

ii. Customer Information: During the term of this Agreement, any information you have provided or will provide to Golden Age is or will be accurate, complete and current. You agree to notify us promptly, in accordance with the terms of this Agreement, if there is any change in the information that you have provided to us. If you fail to provide and maintain accurate information, you will breach this Agreement.

c. Privacy. Please see our Trojan Dining Privacy Statement for more information on how the data we collect from you and how we use and share that data. We will collect, use and disclose your personal information as set out in that Privacy Statement and you hereby consent to us doing so.

d. Information Provided to Third Parties. Golden Age is not responsible for any information provided by you or any Additional Users to third parties. You assume all privacy, security and other risks associated with providing personally identifiable information to third parties via the Trojan Dining App, whether provided by you or your Additional Users. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.

e. Revocable License. The Products and Trojan Dining App are protected by trademark, copyright, patent and/or other intellectual property laws and international treaty provisions. You are granted a revocable license to use the Trojan Dining App in accordance with this Agreement. You acknowledge and understand that you are not granted any other license to use the software used to provide the Trojan Dining App. You shall not take any action nor allow anyone else to take any action that will reverse compile, disassemble, or reverse engineer or otherwise attempt to derive the source code from the binary code of the software. Golden Age retains the non-revocable license to use or incorporate feedback.

f. Protection of Golden Age’s Information and Marks. Any information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. Any websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of Golden Age and its affiliates are and shall remain the exclusive property of Golden Age. Nothing in this Agreement shall grant you the right or license to use any of the marks.

g. Export Laws. You expressly agree to comply with all applicable export and re-export laws, including but not limited to the Export Administration Act, the Arms Export Control Act, and their implementing regulations. You further expressly agree not to use the Trojan Dining App in any way that violates any provision of these export and re-export laws or their implementing regulations.

h. Retention of Rights. Nothing contained in this Agreement shall be construed to limit Golden Age’s rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, Golden Age and its suppliers reserve the right to delete all your data, files, electronic messages or other Customer information that is stored on Golden Age’s or its suppliers’ servers or systems. We shall have no liability whatsoever as the result of the loss of any such data.

i. Dispute Resolution. The terms of this section entitled “Dispute Resolution” will apply to all disputes that may arise out of, are connected with or relate to this Agreement or the Trojan Dining App, subject only to the following two exceptions (1) if Golden Age reasonably believes that you or any of your Additional Users have in any manner acted or failed to act in any manner that may cause harm to Golden Age or any third party, Golden Age may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court but subject to the informal resolution below. The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of Missouri. Furthermore, in no event will the terms of this section limit Golden Age’s ability to investigate complaints or reported violations of this Agreement or to take any action Golden Age deems necessary and appropriate to mitigate actions against Golden Age, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

i. Informal Resolution. If you have any dispute with Golden Age or any related third party, arising out of, relating to, or connected with the Trojan Dining App, you agree to contact Golden Age at the address noted below; provide a brief, written description of the dispute and your contact information, and give Golden Age thirty (30) days within which to resolve the dispute to your satisfaction. If Golden Age does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below or in small claims court as described above.

ii. Class Action Waiver. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT.; ARBITRATION CAN THUS DECIDE ONLY YOUR INDIVIDUAL CLAIMS; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

iii. Arbitration Agreement. Any claims by Golden Age, or claims by you that are not resolved by the informal resolution procedure or in a small claims court as provided above, arising out of, relating to, or connected with this Agreement or the Trojan Dining App must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) before a sole arbitrator in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (“FAA”) (9 USC §1, et. seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for you), or at such other location as may be mutually agreed by the you and Golden Age. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your dispute(s): (1) the arbitrator, and not any federal, state, provincial or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals; (3) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that you may have entered into in connection with the Trojan Dining App; (4) the arbitrator shall apply Missouri law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against you or Golden Age; and (6) with the exception of subpart (3) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (3) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Golden Age shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org.

11. CHARGES AND BILLINGS FOR PAID SERVICE SUBSCRIPTIONS

If you sign up for additional add-on Trojan Dining App services directly with Golden Age, not a third party or contractor, additional terms and conditions apply and may be found within the specific portals or applications of that paid service, or by separate agreement between you and Golden Age. The additional terms, in combination with these Terms of Service, will constitute the entire Terms of Service Agreement for the Trojan Dining App, including any paid service subscriptions.

If you sign up for a paid service with a third party or contractor, terms of that relationship are between you and the third party and not with Golden Age. You acknowledge that you may incur charges with third-party service providers or contractors. These may include charges resulting from accessing the Internet, purchasing or subscribing to other offerings via the Internet or purchasing equipment for use with or recommended by the Service. You are solely responsible for all charges payable to third parties, including all applicable taxes.

12. NOTICE METHOD

You agree to accept all communications from us regarding use of the Trojan Dining App at the address and/or email address you provide during registration. Please promptly update any changes to your account registration information. Golden Age is entitled to rely on the email address and mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your email or mail address. From time to time we would like to send you information about Golden Age products and Trojan Dining App. If you register for a Service, you are granting Golden Age permission to communicate with you by email.

You agree to be bound by any affirmation, assent or agreement you transmit through the Trojan Dining App you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

TO CONTACT US:

Golden Age Technologies LLC
12427 Ridgefield Drive
St. Louis, MO 63131
contact@goldenagetechnologies.llc
Attention: Trojan Dining Product Team

Trojan Dining - Privacy Policy

Updated February 15, 2020

Please read this entire privacy statement (“Privacy Statement”) carefully before using our Trojan Dining App (the “Trojan Dining App”) because it will help you understand what information we collect, how we collect it, what we use it for, and when we disclose it to third parties.

This Privacy Statement is the legal agreement between you and Golden Age Technologies LLC (“Golden Age” or “we” or “us” or “our”) regarding you or your Additional User’s use of the Trojan Dining App. Golden Age Technologies LLC is registered in the USA as a limited liability company in the State of Missouri and has its registered office at 12427 Ridgefield Drive, St. Louis, MO 63131.

Your use of the Trojan Dining App is also subject to terms and conditions of the Trojan Dining Terms of Service, available here and the Trojan Dining End User License Agreement available here, each of which are incorporated in this Agreement by this reference.

By signing up for, using or accessing the Trojan Dining App, you are agreeing to this Privacy Statement, as well as consenting to data collection and processing and data transfers to the United States and/or other countries for storage, processing and use by Golden Age. If you do not agree with this Privacy Statement, you may not use the Trojan Dining App or submit any Personal Information (defined below) to us in connection with a Trojan Dining App.

This Privacy Statement applies to your use of the Trojan Dining App, which is authorized only in the United States of America.

SUMMARY

Although you should read through the Privacy Statement for complete information on how we collect, use, share, and secure information, the following provides a summary of some of the most important aspects of our privacy practices:

• We may use your Personal Information (defined below) to provide you with the Trojan Dining App, to improve the Trojan Dining App, to make note of your preferences in order to provide you with the best user experience possible, and to market to you by providing information on general announcements, new products, capabilities and/or services, offers and promotions regarding partner product and services that may interest you, and upcoming events. To opt out of receiving non-mandatory communications such as marketing communications, please follow the instructions below.

• We may share your Personal Information as required or permitted by law. We may also share your Personal Information if we determine, in our sole judgment, that the release of your information may protect the rights, property, or safety of you or another person. We may also share your Personal Information with our partners, service providers, third parties, subsidiaries and affiliated companies to provide you with the Trojan Dining App, to any successive owner of the Trojan Dining App, and to service providers who provide Trojan Dining App on our behalf.

• We take measures to secure your Personal Information, but we cannot promise, and you should not expect, that your Personal Information will remain secure in all circumstances.

WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

We may collect Personal Information, Non-Personal Information, Demographic Information, Location-Based Information, Analytical Information, and Other Information You Provide.

We may collect “Personal Information” about you in the circumstances described in this Privacy Statement. By Personal Information, we mean information that can be associated with you or can be used to identify you, such as your name, address, zip code or postal code, telephone number, Internet Protocol (IP) address, mobile OS, router configuration, and email address. We may also collect demographic information, such as your age, gender, and certain preferences, and if we link that information to you, we will treat this information as Personal Information in accordance with this Privacy Statement.

To enable us to provide the Trojan Dining App or Trojan Dining App support, we may ask you to provide certain Personal Information when you access the Trojan Dining App. If you allow or authorize another party to access your account, the other user may control and view your Personal Information, devices and content. Note that your invited users may add other users who all, collectively, will be associated with your account. All such other users, wether authorized by you or not, are referred to herein as “Additional Users”.  Golden Age is not responsible for the actions of your Additional Users.

We may also collect other Personal Information when you provide it to us voluntarily, such as by filling out a form or survey; by registering an account and e-mail address with us; by choosing to allow location-based automation from your mobile device; by e-mailing us; or by posting information on the Trojan Dining App. If you choose not to submit Personal Information or location-based automation information, we may not be able to provide you with the full Trojan Dining App capabilities. We may also collect other information with your consent or as permitted or required by law.

If location-based services are enabled in your Trojan Dining account, you will be authorizing the sharing of your location data from your connected device and from the devices of your Additional Users. This data will be processed and pooled with other product data to enhance your Trojan Dining App.

INFORMATION COLLECTED THROUGH COOKIES.

We may also use tracking software, such as cookies, web beacons, pixel tags, and similar technologies to automatically collect information about your device hardware and software, and your use of the Trojan Dining App. This information may include details about your visits to the Trojan Dining App, the resources you access, date and time stamps, IP addresses, application activity logs and error logs, and information about your use of our Trojan Dining App. We use these technologies to collect information about the actions you take with the Trojan Dining App. We use this information to operate the Trojan Dining App, to provide general statistics regarding use of the Trojan Dining App, and to target ads to you and measure their effectiveness. Although cookies are not required for some parts of the Trojan Dining App, not all of the Trojan Dining App may work properly if you disable cookies entirely.

WHY DO WE COLLECT THIS INFORMATION AND HOW DO WE USE IT?

We collect and use your information to provide Trojan Dining App to you, and to operate and improve the Trojan Dining App. These uses include providing you with the Trojan Dining App; processing payments and collecting amounts owing to us if applicable; providing you with more effective customer service; providing technical support; making the Trojan Dining App easier to use; offering you partner product and services; and performing research and analysis aimed at improving our products, services and/or technologies. We may send certain mandatory service communications such as welcome letters, alerts, and security announcements by e-mail, through the Trojan Dining App, or by text message. You may not opt out of receiving these mandatory communications. We may also provide you with information on current activities, general announcements, upcoming products and services, changes to our products or the Trojan Dining App, and upcoming events. STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR INTERNET AND/OR MOBILE PHONE CARRIER. These communications may be sent by e-mail, text message, or within the Trojan Dining App. We may also use your information to conduct research, analysis, or studies for our own purposes. 

We may also use your information for other purposes with your consent or as permitted or required by law.

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We take measures to protect your Personal Information from unauthorized access, use, or disclosure. While we will use such efforts, we cannot ensure the security of your Personal Information. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, WE ASSUME NO LIABILITY FOR ANY DISCLOSURE OF DATA DUE TO ERRORS IN TRANSMISSION, AUTHORIZED OR UNAUTHORIZED THIRD PARTY ACCESS OR OTHER ACTS OF THIRD PARTIES, OR ACTS OR OMISSIONS BEYOND OUR CONTROL.

HOW MAY WE SHARE YOUR INFORMATION WITH THIRD PARTIES?

We share your Personal Information with companies, organizations and individuals outside of Golden Age as described below.

• Affiliates and Third Parties. We may share your Personal Information with Golden Age’s affiliates and partners in order for these companies to contact you about their products, services or other offerings that may be of interest to you. Our Trojan DiningApp or our e-mails may link to third parties’ websites or apps. It is also possible that the websites or e-mails of third parties may link to the Trojan Dining App. By accessing the Trojan Dining App, registering for an account or service with us, or otherwise providing us with your Personal Information, you consent to this transfer of your Personal Information as provided in this Privacy Statement. This Privacy Statement does not govern unaffiliated third-party websites or any other website that does not link to this Privacy Statement. If you sign up for additional products or services through us that are provided by third parties, or in which third parties are involved, we may share your Personal Information with those third parties as necessary to provide those products or services to you. We are not responsible for the content or the privacy practices employed by third parties. We encourage you to read the privacy policies of third parties before transmitting any Personal Information to them. We do not knowingly allow third parties to collect Personal Information about you through the Trojan Dining App, though we may share information we have collected as provided for in this Privacy Statement.

• Service Providers. We may share your Personal Information with affiliated and unaffiliated companies that perform tasks on our behalf related to our business, as necessary to provide you with the Trojan Dining App, or information you have requested or require. Such tasks include processing payments, locational services, analyzing Trojan Dining App usage data, customer service, electronic and postal mail service, contests/surveys/sweepstakes administration, marketing services, social commerce and media services (e.g., Facebook, ratings, reviews, forums), and calculating, managing and reporting sales tax. In our efforts to provide the best quality service and experience to you, we may hire third-party service providers (including our affiliates, which are companies controlled by, under common control with, or controlling Golden Age) to receive your Personal Information as necessary to perform their role, and we instruct them not to use your Personal Information for any other purposes. Our service providers will be permitted to obtain or have access to only the Personal Information they need to deliver the Trojan Dining App. They are required to maintain the confidentiality of the information, take measures to protect it, and are prohibited from using it for any purpose other than for delivering the Trojan Dining App in accordance with our instructions and policies. Some of our servers and service providers, including our affiliates, may be located outside of the United States of America and we may share your information with them for the purposes described above, including to provide technical support. The laws and privacy protections, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country. If you are using the Trojan Dining App in a region or country with laws governing data collection and use that differ from United States law, you consent to the transfer of your personal data to the United States and other countries where we, or our service providers, operate. Your information will be subject to the laws of the country in which our service providers are located, which laws may permit law enforcement, government and national security authorities to have access to your information in certain circumstances.

• As Required or Appropriate by Law. We will use and disclose your Personal Information as necessary or appropriate, including without limitation:

  • Under applicable law, including laws outside your country of residence, to comply with legal processes and to respond to requests from public and government authorities, including public and government authorities outside your country of residence;

  • To enforce our terms and conditions, including investigations of potential violations thereof;

  • To detect, prevent or otherwise address fraud, security or technical issues;

  • To protect our operations or those of any of our affiliates; to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and to allow us to pursue available remedies or limit the damages that we may sustain.

• Business Transfers. As we continue to develop our business, we might sell or buy brands, stores, subsidiaries or business units. We may share and/or transfer your Personal Information with a third party in such transactions (including without limitation, any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets). Customer Information generally is one of the transferred business assets, but remains subject to any preexisting applicable Privacy Statement.

• Based on Your Consent. We may share or disclose your Personal Information at your direction. We may share aggregated data that has been anonymized (so that you are not identified) with third parties – like publishers, advertisers or connected websites – and may make this data publicly available. For example, we may share information publicly to show trends about the general use of our Trojan Dining App or products.

ASSIGNMENT

We may freely assign our rights and obligations under this Agreement in our sole discretion, without notice to you. This Agreement may not be assigned or transferred by you without the prior written consent of Golden Age.

PRIVACY STATEMENT UPDATES

As we continue to improve our Trojan Dining App and expand our Trojan Dining App offerings, we may change this Privacy Statement from time to time. If there are changes or additions to this Privacy Statement, we will post those changes on the Trojan Dining App or by contacting you. Each version of this Privacy Statement will be identified at the top of the page by its effective date. Continued use of the Trojan Dining App after such changes to this Privacy Statement, will indicate your consent to the revisions.

DO NOT TRACK SIGNALS

Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time, we do not modify your experience based upon whether such a signal is broadcast.

CHILDREN

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, the Trojan Dining App does not permit children under 13 years of age to become users, and we do not intentionally collect information from children. By using our Trojan Dining App, you represent that you are 13 years of age or older.

CALIFORNIA RESIDENTS

Under California Civil Code sections 1798.83, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the address below.

The California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et. seq. (“CCPA”), requires that we provide California residents with a privacy notice that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that is publicly available, deidentified or aggregate information. For purposes of this “California Residents” section, we will refer to this information as “Personal Information.”

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration. 

(i)    Right to Know About Personal Information Collected, Disclosed, or Sold

            Your Right

• If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you. This right includes the right to request any or all of the following:

• Specific pieces of Personal Information that we have collected about you;

• Categories of Personal Information we have collected about you;

• Categories of sources from which the Personal Information was collected;

• Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;

• Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and

• The business or commercial purpose for collecting or, if applicable, selling Personal Information.

            How to Submit a Request to Know

You may submit a request to know in writing at the address set forth below. 

            Our Process for Verifying a Request to Know

If we determine that your request is subject to an exemption, we will notify you of our determination. If we determine that your request is not subject to an exemption, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us. We will verify your identity as follows:

Request to Know Categories of Personal Information: We will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities. 

Request to Know Specific Pieces of Personal Information: We will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested. 

            Collection of Personal Information

The below table presents the categories of Personal Information that we have collected, the categories of sources from which that information was collected, and the categories of third parties with whom we shared that Personal Information for the 12 months preceding the “Last revised” date of this Privacy Notice. 

The CCPA defines “business purposes” to mean:

1. Auditing related to a current interaction with the consumer and concurrent transaction, including, but not limited to, counting ad impressions to unique visitors; 

2. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

3. Debugging to identify and repair errors that impair existing intended functionality;

4. Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction; 

5. Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services; 

6. Undertaking internal research for technological development and demonstration; and 

7. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device.

The CCPA defines “commercial purposes” to mean “to advance a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.”

For purposes of the below chart, we will refer to the business purposes by their above numbers and use the number 8 to reference the definition of commercial purposes.

(ii)    Right to Request Deletion of Personal Information

            Your Right

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected or maintain. However, a business is not required to comply with a request to delete if it is necessary for the business to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

How to Submit a Request to Delete

You may submit a request to delete by contacting us in writing at the address below.   

If you submit a request to delete online, you will be asked to confirm separately that you want your Personal Information deleted.

Our Process for Verifying a Request

If we determine that your request is subject to an exemption, we will notify you of our determination. If we determine that your request is not subject to an exemption, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us. We will verify your identity as follows:

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized deletion.

We will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

We will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable the purpose of verifying identities.  In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

If we are unable to verify your identity to the applicable standard, we will treat your request to delete as a request to opt-out of the sale of the personal information that you provided as part of processing the request to delete. See the following section for a description of the right to opt-out of the sale of personal information.

(iii)      Notice of Right to Opt-Out of Sale of Personal Information

            Your Right

If you are a California resident, you have the right to direct a business that sells (or may in the future sell) your Personal Information to stop selling your Personal Information and to refrain from doing so in the future.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

How to Submit a Request to Opt-Out

You may submit a request to opt-out of sales in writing to the address set forth below.

How We Process a Request to Opt-Out

The CCPA does not require that we verify the identity of individuals who submit requests to opt-out of sales. However, we may deny the request if we have a good-faith, reasonable, and documented belief that the request is fraudulent. If we deny the request on this basis, we will notify the requesting party and provide an explanation why we believe the request is fraudulent.

(iv)      Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section California Residents. As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

Authorized Agents

California residents may use an authorized agent to submit a request to know, delete, or opt-out of sales on your behalf.

If you use an authorized agent to submit a request to know or request to delete, we may require that (1) the authorized agent provide proof of your written permission and (2) you verify your identity directly with us. These requirements do not apply if you have provided the authorized agent with a power of attorney pursuant to California Probate Code sections 4000 to 4465.

If you use an authorized agent to submit a request to opt-out of sales, you will need to provide that authorized agent with written permission to do so and submit written proof to us that the agent has been authorized to act on your behalf.

CANADIAN RESIDENTS

The file containing your Personal Information will be electronically maintained on our servers or the servers of our service providers, who may be located outside of Canada. Our authorized employees, agents and mandataries who require access to your Personal Information to perform their job functions, will have access to this information. To request access to, or correction of, your Personal Information, or if you have any questions or concerns about how we handle your Personal Information, please write to us at the address below.

HOW DO WE COMMUNICATE WITH YOU?

You may “opt-out” of receiving certain electronic communications (e.g., emails or texts) or mailings by following the instructions in those communications or mailings, but you may not opt out of the mandatory communications related to your use of the Trojan Dining App and monitoring may continue until you properly delete the Trojan Dining App. If we need to contact you concerning any event that involves your information, we may do so by e-mail, telephone, text, or mail.

Golden Age Technologies LLC
12427 Ridgefield Drive
St. Louis, MO 63131
contact@goldenagetechnologies.llc
Attention: Trojan Dining Product Team

Trojan Dining - EULA

Updated January 1, 2019

This End User License Agreement (“EULA”) is a contract between you and Golden Age Technologies LLC, a Missouri limited liability company, its Affiliates as applicable (“Golden Age” or “we” or “us” or “our”) and applies to the use of the Trojan Dining Application, along with any use by your authorized agents, employees, or users that you have granted access to or control of the Trojan Dining App (the “Additional Users”). Use of the Trojan Dining App is governed by our Trojan Dining Terms of Service (“Trojan Dining Terms”) and this EULA. 

By using the Trojan Dining App (“Software”), you agree that you have read, agree with and accept all the terms and conditions in this EULA, in our Trojan Dining Terms of Service and in our Privacy Statement (“Trojan Dining Privacy Statement”), each of which are incorporated in this EULA by this reference. You may not modify this EULA by making any typed, handwritten, or any other changes to it for any purpose. You acknowledge that you are accepting this EULA on behalf of all persons who use the Software, including your Additional Users, and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this EULA and any applicable Golden Age policies including, but not limited to, acceptable use and privacy policies.

You acknowledge and agree that this EULA is between you and Golden Age, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that Golden Age is solely responsible for the Software, except in situations where you have enabled third party control of your Trojan Dining App.

THIS EULA CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. IT INCLUDES: VARIOUS LIMITATIONS ON AND EXCLUSIONS OF OUR LIABILITY TO YOU; YOUR INDEMNITY OF US; AND DISPUTE RESOLUTION PROVISIONS THAT GOVERN HOW DISPUTES WILL BE RESOLVED, INCLUDING ARBITRATION AND A CLASS ACTION WAIVER.

BY CLICKING ACCEPT OR BY USING THE SOFTWARE, YOU ARE SIGNIFYING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS EULA. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF AN AUTHORIZED USER, ADDITIONAL USER, A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT INDIVIDUAL, ENTITY AND ITS AFFILIATES TO THIS EULA, IN WHICH CASE THE TERMS “YOU” OR “YOUR” IN THIS EULA WILL REFER TO THAT INDIVIDUAL OR ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY PART OF THIS EULA, YOU MUST NOT ACCEPT THIS EULA AND MAY NOT USE THE SOFTWARE. THIS EULA CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND GOLDEN AGE.

SCOPE OF LICENSE

The license granted to you for this Software by Golden Age is a non-transferable, non-exclusive license to use the Software on a device that you own, access, or control, and as permitted by the usage rules set forth for your device (for example, the then-current Apple App Store Terms of Use or the Google Play Terms of Service). All rights not expressly granted to you by this EULA are hereby reserved by Golden Age.

ELIGIBILITY

You must be 18 years old and a resident of the United States of America or Canada to use the Software. You agree that you may only use the Software in a manner consistent with this EULA.

RESTRICTED USE

You may not rent, lease, lend, sell, redistribute, sublicense, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software. Any attempt to do so, including any alteration of any proprietary notices, is a violation of the rights of Golden Age and its licensors. If you breach this restriction, you may be subject to prosecution and damages. Information provided is for informational purposes only. The use of this Software for various purposes should not replace appropriate user judgment, as users will have the best understanding of the context in which the Software is being used.

UPDATES

The Software may automatically download and install updates from Golden Age from time to time. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, new or enhanced functions, and completely new versions. You agree to receive such updates (and permit Golden Age to deliver these to you) as part of your use of the Software. If you do not want the Software to be automatically updated, you may be able to set your device settings to prohibit automatic updates.

INTELLECTUAL PROPERTY RIGHTS

The Software and all information, documents, and materials available on or through the Software are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of Golden Age and its Affiliates are and shall remain the exclusive property of Golden Age. Nothing in this EULA shall grant you the right or license to use any of the marks. Golden Age has the non-revocable worldwide license to use or incorporate feedback received into Trojan Dining.

In the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, neither Apple (if you downloaded the Software to an Apple iOS device) nor Google (if you downloaded the Software to a device with the Android operating system), will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

You understand that devices used to access the Trojan Dining App or alerts may rely on wireless networks such as, but not limited to, 4G LTE, CDMA, GSM (“Wireless Networks”) and that actual signal availability may depend on a combination of the third party wireless network carriers and availability of and actions of roaming partners, and that factors outside of Golden Age’s control, such as weather, buildings, topography, usage, or maintenance activities of wireless network providers may limit or interrupt the Software or alerts. Golden Age is not responsible for interruption or limitation of the Trojan Dining App related to issues with Wireless Networks.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GOLDEN AGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GOLDEN AGE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR TROJAN DINING APP PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GOLDEN AGE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

If you are using the Software on an Apple iOS device, in the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you, but to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Golden Age’s sole responsibility.

To the maximum extent permitted by applicable law, in no event shall Golden Age’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the price paid for the Trojan Dining App. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all the exclusions or limitations set out in this EULA may not apply to you, and you may have additional rights.

INDEMNIFICATION

YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS GOLDEN AGE AND ITS EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS AND CONTRACTORS AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF THE FOLLOWING USE OF THE SOFTWARE BY YOU AND/OR ANY OF YOUR ADDITIONAL USERS (I) MISUSE OF THE SOFTWARE OR TROJAN INING APP; (II) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY COPYRIGHT, PATENT TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM MISUSE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; (III) BREACH OF ANY PROVISION OF THIS EULA OR ANY OF THE APPLICABLE TROJAN DINING TERMS OR POLICIES BY YOU OUR ANY OTHER USER OR AUTHORIZED USER; (IV) ACCOUNT ACCESS OR ACTIVITY DUE TO FAILURE TO PROTECT LOG-ON CREDENTIALS; AND (V) ANY CAUSE OF ACTION BY ANY OF YOUR ADDITIONAL USERS, INCLUDING ANY AND ALL ALLEGATIONS, SUITS, CLAIMS AND PROCEEDINGS (INCLUDING REASONABLE ATTORNEYS’ AND PROFESSIONAL FEES) (COLLECTIVELY, “CLAIMS”) AND ALL RELATED DAMAGES INCURRED BY YOU OR GOLDEN AGE AS A RESULT OF OR ARISING FROM YOUR ADDITIONAL USER’S BREACH OR ALLEGED BREACH. IT IS UNDERSTOOD AND AGREED THAT YOU THE CUSTOMER ASSUMES FULL LIABILITY FOR A BREACH BY ANY OF YOUR ADDITIONAL USERS OF THIS EULA. IT IS UNDERSTOOD AND AGREED THAT YOU ASSUME FULL LIABILITY FOR A BREACH BY ANY OF YOUR AUTHORIZED USERS OF THIS AGREEMENT AND GOLDEN AGE SHALL HAVE NO LIABILITY FOR ANY MISUSE OR ACTION BY ANY AUTHORIZED USER OR ANY OF YOUR AFFILIATES, SUPPLIERS OR AGENTS.

PRODUCT CLAIMS

You acknowledge and agree that Golden Age, and not Apple (if you downloaded the Software to an Apple iOS device) or Google (if you downloaded the Software to a device with the Android operating system), is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You must notify Golden Age if you have, or are aware that any third party has, any such claims. Apple and Google have no responsibility to address any such claims. The limitations of Golden Age’s liability under this EULA are subject to what is permitted by applicable law.

LEGAL COMPLIANCE

You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

PRIVACY

By using the Trojan Dining App (“Software”), you agree that you have read, agree with and accept the terms of our Trojan Dining Privacy Statement, which is incorporated into this EULA. We will collect, use and disclose your personal information and the personal information of your Additional Users as set out in that Privacy Statement, and you and the Additional Users or third parties you have granted access or control to hereby consent to us doing so.

TERMINATION

The license is effective until properly terminated by you, the owner, purchaser and/or controller of the Trojan Dining App, or Golden Age. Your rights under this license will terminate automatically without notice from the Golden Age if you fail to comply with any term(s) of this EULA or the Trojan Dining Terms of Service. Upon termination of the license, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

All representations, warranties, indemnifications, and limitations of liability contained in this EULA shall survive the termination of this EULA; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.

THIRD PARTY TERMS AND BENEFICIARIES

You must comply with all applicable third party terms of agreement when using the Software. If you are using the Software on an Apple iOS device or on a Google Android device, you agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries, are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

MISCELLANEOUS

You agree that your rights and obligations under this EULA are not assignable. We may freely assign our rights and obligations under this EULA in our sole discretion, without notice to you. This EULA shall bind and inure to the benefit of the parties and their successors and permitted assigns. Both parties are acting as independent contractors with respect to the activities hereunder.

STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR INTERNET AND/OR MOBILE PHONE CARRIER.

This EULA and any other documents incorporated by reference constitute the entire agreement and understanding between the parties with respect to the subject matter of this EULA, and they replace any and all prior written or verbal agreements. If any portion of this EULA is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. If Golden Age fails to insist upon or enforce strict performance of any provision of this EULA, it shall not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this EULA. The language of this EULA shall be construed as a whole, according to its fair meaning and intent, and not strictly for or against either party, regardless of who drafted or was principally responsible for drafting this or any specific term or conditions hereof.

DISPUTE RESOLUTION

The terms of this section entitled “Dispute Resolution” will apply to all disputes that may arise out of, are connected with or relate to this EULA or the Software, subject only to the following two exceptions: (1) if Golden Age reasonably believes that you or any of your Additional Users have in any manner acted or failed to act in any manner that may cause harm to Golden Age or any third party, Golden Age may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court but subject to the informal resolution below. The validity, interpretation and performance of this EULA shall be governed by and construed in accordance with the laws of Missouri. Furthermore, in no event will the terms of this section limit Golden Age’s ability to investigate complaints or reported violations of this EULA or to take any action Golden Age deems necessary and appropriate to mitigate actions against Golden Age, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.

1. Informal Resolution. If you have any dispute with Golden Age or any related third party, arising out of, relating to, or connected with the Software, you agree to contact Golden Age, at the address noted below; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give Golden Age thirty (30) days within which to resolve the dispute to your satisfaction. If Golden Age does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below or in small claims court as described above.

2. Class Action Waiver. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS EULA; ARBITRATION CAN THUS DECIDE ONLY YOUR INDIVIDUAL CLAIMS; THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

3. Arbitration Agreement. Any claims by Golden Age, or claims by you that are not resolved by the informal resolution procedure or in small claims court as provided above, arising out of, relating to, or connected with this EULA or this Software must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). This EULA and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 USC §1, et. seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for you), or at such other location as may be mutually agreed by the you and Golden Age. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your dispute(s): (1) the arbitrator, and not any federal, state, provincial or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this EULA including any claim that all or any part of this EULA is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals;(3) the arbitrator’s decision shall be controlled by the terms and conditions of this EULA and any of the other agreements referenced herein that you may have entered into in connection with the Trojan Dining App; (4) the arbitrator shall apply Missouri law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (5) to the extent permitted by law, the arbitrator shall not have the power to award punitive, incidental or consequential damages against you or Golden Age; and (6) with the exception of subpart (3) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (3) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Golden Age shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org.

MAINTENANCE AND SUPPORT

Please contact us at the information below for customer support. Golden Age is solely responsible for providing maintenance and support for the Software. Third party operating system providers such as Apple and Google have no obligation to provide maintenance or support Trojan Dining App for the Software.

CONTACT INFORMATION

If you have questions, complaints or claims with respect to the Software, you can contact us at:

Golden Age Technologies LLC
12427 Ridgefield Drive
St. Louis, MO 63131
contact@goldenagetechnologies.llc
Attention: Trojan Dining Product Team