Terms and Conditions
Our Terms and Conditions
Our Terms and Conditions
This page contains the terms and conditions (the “Agreement”) for the mobile application My Town Pickers in conjunction with the My Town Pickers in-seat delivery service. In order to use the My Town Pickers service and this application, including any third party software made available to you in conjunction with this application (collectively referred to below as the “Service”) you must agree to be bound by this Agreement. If you cannot or do not wish to abide by this Agreement, please exit and do not proceed with use of this product. As used in this Agreement, “My Town Pickers,” “we,” “us,” and “our” shall mean My Town Pickers and its subsidiaries and affiliates.
The concession and merchandise items available on our Service are provided by concessionaires and vendors within participating venues. These concessionaires and vendors (collectively referred to below as the “Vendors”) operate independently and have entered into agreements with us to provide the food and delivery services available to you on the Service. The Vendors are required to comply with federal, state and local laws, rules, regulations, and standards pertaining to the preparation, sale and marketing of food, including food preparation and safety and menu disclosure; My Town Pickers is not responsible for the Vendors’ food preparation or safety and does not verify any Vendors’ compliance with applicable laws. In addition, My Town Pickers does not guarantee the quality of what the Vendors sell, nor does it guarantee the services provided by the Vendor. In addition, My Town Pickers does not independently verify representations made by Vendors regarding their food, including without limitation any menu- or Vendor-level descriptors or disclosures.
You may only use the My Town Pickers mobile application credit card payment to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account and if you are able to form a binding contract with us. In addition, if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the option of payment through the mobile application with a credit card, and your parent or legal guardian must read and agree to this Agreement prior to your using this feature.. Notwithstanding the foregoing, you are prohibited from paying via credit card for the Service if you are under the age of 13.
The Service reserves the right to modify the price of any food, drinks, merchandise, or any other products offered via the Service. The Service will bill your credit card at the time the order is placed and before the Service is delivered and accepted by you. If there is an issue with your order, you may request a refund which may or may not be provided by the Service. The Service and any other applicable products offered via the Service are subject to transmission limitations of the Internet and wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
In order to place purchases on the mobile application and pay by credit card, you may be required to provide complete and accurate payment card information, including, without limitation, your first name, mobile phone number, and credit or debit card information. The Privacy Policy of this Service explains how such information collected via the Service may be collected and used by the Service. Your ability to purchase food, drinks, merchandise, and other items offered via the Service is subject to limits established by your credit or debit card issuer. The Service will bill your credit card at the time the order is placed and before it is offered via the Service is delivered and accepted by you. If there is an issue with your order, you may request a refund which may or may not be provided by the Service. You must pay all amounts accrued in your account, including sales tax and delivery and handling charges, if any, when due. The Service may in their sole discretion decline service to you. Neither the Service, nor any ballpark, arena, stadium, nor any other form of entertainment venue entity, is responsible, and must not be held liable, for any breaches in transaction security by any third party. By purchasing any food, drinks, merchandise, or any other products offered via the Service, you acknowledge and agree that your credit card is being charged by the payment processor of the Service.
For certain purchases,, the Service is required to collect sales tax. The amount of tax charged and whether any sales tax will be collected on a given purchase depends on a number of factors including whether the seller is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable transaction taxes not collected by the Service. The amount of sales tax, if any, will be shown either prior to the completion of any purchase or reflected in the confirmation of your purchase sent to the email address you provided.
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you acknowledge that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages.
To provide you transactional information regarding your order or to notify you that your order is ready for delivery, the Service may contact you via text message to the mobile phone number provided during your purchase. Standard text message and data rates may apply. Charges will be billed to your wireless bill, or be deducted from pre-paid balance. Check with your carrier.
Unless prohibited by law, in the event of any error in your order or the amount you were charged, you are entitled to a credit, provided it is brought to our attention within 60 days of your order date. If you do not raise the issue within 60 days of your order date, you waive the ability to receive a credit for any error.
THE My Town Pickers SERVICE, THE MATERIALS AND ALL OTHER CONTENT ON THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SERVICE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. My Town Pickers DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SERVICE WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SERVICE, THE MATERIALS AND/OR OTHER CONTENT ON THE SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. My Town Pickers DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE MOBILE APPLICATION AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT My Town Pickers) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SERVICE, THE MATERIALS AND/OR OTHER CONTENT ON THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
IN NO EVENT SHALL My Town Pickers BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF My Town Pickers HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN A WARRANTY, CONTRACT, OR NEGLIGENCE ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE MOBILE APPLICATION OR ANY OTHER ASPECT OF THE SERVICE. My Town Pickers ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE MOBILE APPLICATION. My Town Pickers ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SERVICE, AS WELL AS ANY THIRD PARTY SERVICES OR ADDITIONAL SERVICES LINKED TO THIS SERVICE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL My Town Pickers’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR NEGLIGENCE EXCEED (A) THE AMOUNT PAID BY YOU TO My Town Pickers, IF ANY, OR (B) $100 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AND My Town Pickers AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND My Town Pickers AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.
You hereby agree to indemnify and hold the Service harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Service and/or the food, drinks, alcohol, or other items purchased via this Service; or (B) any alleged breach of this Agreement by you.
The Service may change, suspend or discontinue any aspect of this Service at any time, including the availability of any food, drink, alcohol, or other item or content. The Service may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Service without notice or liability at any time in the Service’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Service, for any reason or purpose, including, but not limited to, conduct that the Service believes violates this Agreement or other policies or guidelines posted via the Service or conduct which the Service believes is harmful to other customers, to the Service’s business, or to other information providers. In addition, this Agreement and your account may be immediately terminated at any time by My Town Pickers in its sole discretion. In addition and without prejudice to any other remedy available to the Service, the Service may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by the Service in this Agreement.
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the "Terms of Use" tab. If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Service after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Service. This Agreement will govern any disputes arising before the effective date of the Updated Terms.
This Agreement will be governed by the laws of the State of Alabama applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Alabama will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The Service will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
If you have a dispute with My Town Pickers arising out of your use of the Services. you agree to contact us first and attempt to work out any such dispute amicably. For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and My Town Pickers agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND My Town Pickers ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Service in their sole discretion may amend this Agreement, and your use of this the Service after such amendment is posted within this application will constitute acceptance of it by you. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING THIS SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT.
If you do not agree to the terms in this Agreement, you must not use this Service. The Service may change the terms of this Agreement at any time, and your use of this Service after such changes are posted will mean that you accept them.