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Terms of Use

Effective: September 13, 2023

1. Contractual Relationship

To Go Green, LLC (“To Go Green,” “we,” “us,” or “our”) owns and operates togogreen.eco (the “Site”) and a network of NSF-certified, reusable, returnable containers (“Containers”) shared among To Go Green’s restaurant partners (collectively, the “Restaurants”). For the purposes of these Terms of Use, the Site and the Containers shall be collectively referred to as “the Services.” These Terms of Use (the “Agreement”) are a contract between you (“You,” “you,” or “your”) and us governing your access to and use of the Services. By accessing and/or using any of the Services, you agree to all the terms and conditions of the Agreement. If you do not agree to the Agreement, you may not use or access any of the Services. For the purposes of the Agreement, “you” represents any individual who accesses or uses the Services, regardless of whether or not such individual registered for an Account (as defined below).

IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH TO GO GREEN THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TO GO GREEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST TO GO GREEN, WHETHER NOW PENDING OR FILED IN THE FUTURE. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. About To Go Green

To Go Green connects diners with foodservice establishments to enable diners to schedule food orders for pickup in Containers, which are the sole property of To Go Green. To Go Green actively distributes, tracks, and enforces returns of Containers. You may order both food and non-alcoholic beverage items through the Site for pickup from the Restaurants.

To Go Green is not a restaurant or food preparation entity. The Restaurants operate independently of To Go Green and are solely responsible for complying with all laws, regulations, guidelines, and standards governing (a) the preparation, marketing, and sale of food and non-alcoholic beverage items in their respective jurisdictions and (b) the use, intake, refilling, distribution, sanitation, and storage of Containers in their respective jurisdictions. To Go Green is not liable or responsible for the Restaurants’ food preparation, food safety, or Container management procedures and does not verify or monitor their compliance with all applicable laws. To Go Green does not make any claim or guarantee about the quality of goods prepared, marketed, or sold by the Restaurants. Accordingly, To Go Green is not responsible for any food-borne illnesses or injuries you sustain from food packaged in Containers by the Restaurants or any other goods packaged in your order by the Restaurants. To Go Green does not independently verify and is not liable or responsible for any representations made by the Restaurants regarding their food or beverages, including, without limitation, menu item descriptions, photos, or images displayed on the Site reflecting the food and/or beverages prepared, marketed, or sold by the Restaurants.

3. Your Use of the Site

You may only create and hold one account on the Site (an “Account”) for your personal use. You may create and hold a separate account for corporate purposes only if you are an organization, business, or company, or are acting on behalf of one; are authorized by such entity to bind it to this Agreement; and agree to bind yourself to this Agreement on behalf of such entity. To use the Site, you must either (a) be at least 18 years of age, or the year of majority in your jurisdiction, or (b) have explicit permission from, and be directly supervised by, your parent or guardian, who must read and agree to the Agreement prior to your use of the Site, if you are under the age of majority in your jurisdiction. Without limiting the foregoing, you are not permitted to use or otherwise access the Site if you are under the age of 13.

By accessing and/or using the Site and the features therein, you agree that you are legally capable of entering into a binding legal contract with To Go Green, and you also agree to (a) provide only true, accurate, current, and complete payment and contact information (collectively, “Personal Information”) and (b) maintain and promptly update your Personal Information to keep it true, accurate, current, and complete. If you provide any Personal Information that is untrue, inaccurate, not current, or incomplete, including, without limitation, an expired or invalid payment method, or if To Go Green has reasonable grounds to believe any Personal Information you provide is untrue, inaccurate, not current, or incomplete, To Go Green reserves the right to block your access to and use of the Site and/or nullify this Agreement with you. In the event your Account is deleted for any or no reason, you may relinquish any current, pending, or future Account credits, promotions, or any other unredeemed offers of value without receiving any prior notice.

To make purchases on the Site, you must create an Account or be logged into your existing Account. If you have not created an Account or are not logged into your existing Account, you may not make any purchases on the Site. You are solely responsible for keeping your Account, including, without limitation, your password and, if applicable, third-party (e.g., Facebook, Google, etc.) login credentials, confidential and secure at all times. Additionally, you are responsible for any and all actions performed under or in connection with your Account, including, without limitation, purchases made under your Account. You agree to (a) immediately notify To Go Green of any suspected or known unauthorized use of your Account or password, or any suspected or known security breaches, including, without limitation, loss, theft, or unauthorized disclosure of your password or payment information, and (b) promptly log out of your Account at the end of each session on the Site. To Go Green is not liable for any loss, injury, or damage originating from or connected to your failure to comply with either (a) and/or (b) or any acts or omissions by you or another user of your Account and/or password.

4. Your Use of Containers

When you place an order on the Site, you may receive Containers. You must return such Container(s) to any of the Restaurants within 3 weeks of receiving your Container(s). If you do not return your Container(s) (including both the base container and any detachable lids, if applicable) within the aforementioned 3-week period (the “Check-Out Period”), you grant To Go Green the right to charge the credit card, or other authorized payment method you register with your Account or provide at the time of purchase, $5.00, plus any applicable taxes, per unreturned Container. You agree to refer to the Site for further guidelines and requirements regarding Container returns and comply with any and all such requirements and instructions.

You agree to treat Containers with due care and maintain such care during the entire Check-Out Period. Before using Containers, you must inspect Containers for any defects, including, without limitation, signs of damage or excessive abrasion, and immediately report such defects to To Go Green. If you fail to notify us, we may deem that you damaged the Container(s) during the Check-Out Period, and you authorize us to charge the credit card, or other authorized payment method you register with your Account or provide at the time of purchase, $5.00, plus any applicable taxes, per damaged Container. If you notice your Container(s) has a defect that could in any way impede your safe use of the Container(s), you may not eat out of the Container(s) and must immediately notify To Go Green. To Go Green is not liable for any injuries, damages, or losses you sustain that arise from your failure to comply with the aforementioned steps and procedures.

You may not use Containers for any purpose other than to transport, reheat, and/or eat food packaged by the restaurant that provided Containers. Prohibited uses of Containers include, without limitation, storing your own prepared meals in Containers or repurposing Containers in any way for your use. If you provide another person with Container(s) you receive, you assume full responsibility and risk for any damage to or loss of Container(s) while in such person’s possession and are solely responsible for the timely return of Container(s) in such person’s possession. While you are not required to wash Containers, each Container you return must be free from food particles and in the same condition as you received it, normal wear and tear excepted.

You may not perform any acts that may damage Containers, including, without limitation, dismantling, defacing, deforming, destroying, writing on, drawing on, vandalizing, or modifying Containers, including any parts, pieces, or components of Containers. During the Check-Out Period, you are responsible for damage to or loss of any and all Containers due to theft, disappearance for known or unknown reasons, or any cause other than ordinary wear and tear. You must immediately notify To Go Green of any damaged, lost, or stolen Container(s).

5. Payment and Refund Policy

Performing certain actions on the Site, including, without limitation, placing orders from Restaurants, will require you to make certain payments. When paid by you, these payments are final and non-refundable, unless otherwise determined by To Go Green. To Go Green, in its sole discretion, may offer credits or refunds on a case-by-case basis, including, for example, in the event of an error with your order or in the amounts you were charged.

For all amounts due and payable to us, To Go Green will charge, and you authorize To Go Green to charge, the credit card, or other valid payment method, registered with your Account or used at the time of purchase on the Site. If you attempt to pay any amount of a transaction with a credit card, To Go Green reserves the right to seek pre-authorization on your credit card prior to your purchase to verify the credit card is valid and has sufficient funds and/or credit available to cover your intended purchase.

In the event that the charges are not paid to us within thirty (30) days of the date such charges are due (the “Payment Due Date”), other collection procedures will be employed. You agree to pay all of our costs of collection, including, without limitation, reasonable attorneys’ fees, if you do not pay amounts owed by or before the Payment Due Date. Furthermore, you grant To Go Green the right, but not the obligation, to charge the credit card, or other valid payment method, you provide with your Account at any time after any Payment Due Date, unless prohibited by law.

You authorize To Go Green to charge the credit card, or other valid payment method, registered with your Account or used at the time of purchase for all Container-related fees you incur, including, without limitation, amounts due in connection with any overdue, damaged, stolen, or lost Containers, and we may, at our sole discretion, place an authorization hold on your credit card, or other valid payment method, registered with your Account or used at the time of purchase to cover any such amounts. If you dispute any charge on your Account, then you must contact To Go Green within ten (10) business days of your receipt of your statement containing the disputed charge.

To Go Green reserves the right to establish, remove, and/or revise any prices, fees, taxes, and/or surcharges for any or all services or goods obtained through use of the Services at any time. You understand that the prices for menu items displayed on the Site may differ from the prices offered or published by the Restaurants for the same menu items, whether offered by the Restaurants directly or on third-party websites. You also understand that such prices may not be the lowest prices at which the menu items are sold. For certain purchases, the subtotals displayed at checkout may be higher or lower than the total payment amount due. Regardless of the cause, To Go Green reserves the right to charge the final price after checkout is complete, including, without limitation, all applicable transaction taxes.

To Go Green may, in its sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged.

6. Our Materials and License to You

With the exception of Your Content (defined below), the Site and everything on it, including, without limitation, text, photos, graphics, and software (collectively, the "Materials"), is owned by or licensed to To Go Green. The Site and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Site and Materials, and except for the intellectual property of other companies that are displayed on the Site and Materials, all trademarks, service marks, logos, trade dress, and trade names are proprietary to To Go Green, including, without limitation, To Go Green and togogreen.eco. Please be advised that To Go Green enforces its intellectual property rights to the fullest extent of the law.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Site and/or the Materials. Any other use of the Site and/or the Materials is strictly prohibited. Nothing contained on the Site and/or the Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third-party proprietary content on the Site without the explicit written permission of To Go Green or the pertinent third-party owner, as applicable. Any rights not expressly granted herein are reserved by To Go Green and To Go Green’s licensors.

You may not lease, sell, reproduce, modify, manipulate, transmit, download, conceal, remove, deconstruct, or reverse engineer any part or whole of the Site and/or the Materials for any purpose, including, without limitation, creating a product and/or service competitive to the Site and its related features. If you do any of the aforementioned acts, To Go Green will not be responsible for any damage to your computer system or loss of data that arises from such download.

7. Your Content and Conduct

I. Your Conduct

By accessing any of the Services, you agree:

  • to comply with this Agreement and all applicable laws, rules, and regulations in connection with your use of the Services, including, without limitation, laws regarding online conduct and submission of Your Content (as defined below);
  • not to use or submit content to the Site or the features contained therein if you are under the age of 13;
  • not to use the Site for any purpose not expressly permitted by this Agreement or in a manner that falsely implies our endorsement or partnership, or otherwise misleads others as to your affiliation with us;
  • not to access the Site or the features contained therein using a third party's Account/registration without the express consent of the Account-holder and not to attempt to impersonate another user or individual;
  • not to attempt, through any means, to circumvent technological measures implemented by To Go Green to protect the Site, or otherwise gain unauthorized access to any part of the Site and/or any service, other Account, computer system, and/or network connected to any To Go Green server;
  • not to otherwise use the Site in any manner that could damage, disable, overburden, and/or impair any To Go Green server, or the network(s) connected to any To Go Green server, and/or interfere with any other party's use of and enjoyment of the Site;
  • not to advertise to, or solicit, any user, restaurant, or other business to buy or sell any products or services, or use any information obtained from the Site in order to contact, solicit, or advertise or sell to any user, restaurant, or other business, in each case, unless specifically authorized in writing by To Go Green;
  • not to deep-link or frame to the Site and/or access the Site manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Site and/or any Materials and/or other content on the Site, unless specifically authorized in writing by To Go Green;
  • not to conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Site;
  • not to create or compile, directly or indirectly, any collection, compilation, database, or directory from the Site or Materials;
  • not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Site;
  • not to copy, publish, or redistribute any coupon or discount code or act in bad faith in an attempt to manipulate or gain an unintended commercial benefit from incentive offers;
  • not to harass, annoy, intimidate, threaten or engage in any racist, sexist, or other inappropriate behavior toward any To Go Green employees, contractors, or agents engaged in providing any portion of the Services and not to engage in any other inappropriate behavior while using or accessing the Services;
  • not to engage in any criminal or tortious activity, including, without limitation, fraud, spamming (e.g., by email or instant message), sending of viruses or other harmful files, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any of the Materials or from any portion of the Site;
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites (including, without limitation, those of the Restaurants); and
  • not to use the Site for any illegal purposes or in any way that violates any and all applicable laws, rules, and regulations.

You agree to comply with the above conduct requirements and agree to not assist or permit any person in engaging in any conduct that does not comply with the above conduct. If To Go Green has reasonable grounds to believe that you have breached any of the above conduct requirements, To Go Green reserves the right to suspend and/or permanently terminate your Account at our sole discretion. Further, you agree that the consequences of commercial use or re-publication of Your Content (defined below) or Materials from the Site or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that To Go Green will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.

II. Your Content

To Go Green may provide you with interactive opportunities (i) on the Site, including, without limitation, features such as user ratings and reviews, saved favorites, liked items, bookmarked restaurants, user profiles and pictures, as well as (ii) through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to To Go Green through the Site or otherwise in connection with your use of the Services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third-party login (“Your Content”). Your Content includes, without limitation, textual, visual, or audio content and information, whether transmitted via the Site, SMS or MMS message, or otherwise.

III. Use of Your Content

You grant To Go Green an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use Your Content in connection with To Go Green’s or its partners’ businesses, products, and/or services and in all forms of media now known or hereafter invented (collectively, the “Uses”) without prior notice to and/or approval from you. Furthermore, you grant To Go Green a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been a To Go Green diner, to attribute Your Content to you in connection with any of the Uses in connection with our or our partners’ businesses, without prior notice to, approval by, or compensation to you. Further, you hereby grant To Go Green a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to incorporate and use any of your suggestions, input, or other feedback relating to any of the Services (collectively, the “Feedback”) for any purpose without notice to, approval by, or compensation to you.

When transmitted to certain parts of the Site, including, without limitation, certain Interactive Areas, third-party content may be posted in public areas on our Site, including, without limitation, in a compilation format, and as such will be visible and accessible to the public. You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. To Go Green and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for the action of any and all third parties with respect to Your Content, or for any damages you allege to incur as a result of or relating to any third-party content.

IV. Conduct within Interactive Areas

By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Site. We expect your cooperation in upholding our standards. You are responsible for all of Your Content. You agree that Your Content will not:

  • be unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable;
  • have a commercial, political, or religious purpose;
  • be false, misleading, and/or not written in good faith;
  • infringe any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
  • be illegal and/or promote illegal activity;
  • contain confidential information belonging to a third party;
  • contain unauthorized advertising and/or solicits users to a business other than those on the Site; and/or
  • be intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or Materials on the Site or other associated websites.

We do our best to encourage civility and discourage disruptive communication on the Site. We also do our best to discourage communications that incite others to violate our standards. To Go Green may monitor any and all use of the Site, including, without limitation, interactions between our users; however, we are under no obligation to do so. We may manage the Site in a manner intended to protect our property and rights and to facilitate the proper functioning of the Site. If any of Your Content or conduct on our Site violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Site; or is inappropriate in our judgment; we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in part or in full, any of Your Content, (ii) to terminate or suspend access to any Interactive Areas or any other part of the Site, and/or (iii) to terminate or suspend your Account; in each case, with or without notice. To Go Green will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content.

V. Ratings and Reviews

The Site and other Interactive Areas may allow you to rate (each, a “Rating”) and post reviews (each, a “Review”) of the Restaurants and other businesses. Such Ratings and Reviews are considered Your Content and are governed by the terms and conditions of this Agreement, including without limitation, your agreement regarding your use of Interactive Areas and the Site’s standards of conduct. Ratings and Reviews are not endorsed by To Go Green, and do not represent the views of To Go Green or of any affiliate or partner of To Go Green. To Go Green does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other aspects of Your Content. Therefore, all Ratings and Reviews must comply with the following criteria, in addition to and without limiting other requirements applicable to Your Content as set forth in these Terms: (1) before posting a Rating or Review, you must have had recent first-hand experience with the restaurant within the week prior to your Review; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the Restaurants’ products, services, or conduct; (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials, and/or the Site may be removed or excluded by us without notice to you.

8. Communications and Text Messages

When you use the Site, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us or on our behalf electronically, such as e-mails, texts, or other notices and messages, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.

By voluntarily providing To Go Green with your cell phone number, you agree that To Go Green may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. When you provide To Go Green with your phone number, you warrant that you are the current subscriber or authorized user of the relevant Account. You understand and agree that such messages may be sent using automated technology. You may unsubscribe from receiving text messages from To Go Green at any time. To revoke your consent to receiving SMS or MMS messages from To Go Green, you agree to follow the unsubscribe procedures described below.

When placing orders on the Site, you may receive one (or more) order status message from To Go Green about each order. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message. To resubscribe, text “START” to the same number from the phone number associated with your Account. If you need assistance, text “HELP”.

You may also receive messages from To Go Green following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. To resubscribe, text "START" to the number sending the feedback messages using the phone number associated with your Account. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from To Go Green or the Restaurant(s) regarding your order or its fulfillment unless you also text "STOP" to the number sending the order-related messages, and even in such event, you may still receive individual texts from the Restaurant to enable successful fulfillment of your order.

You may also receive text messages in response to certain Customer Care requests. To unsubscribe from Customer Care messages, just reply to the message by texting “STOP” to the number sending the message.

If you unsubscribe from receiving text messages from To Go Green through the process described above, you may continue to receive text messages for a brief period while To Go Green processes your request(s). If you change or deactivate the phone number you provided to To Go Green, you have an affirmative obligation to immediately update your Account information and the phone number(s) attached to your Account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your Account may receive To Go Green’s standard SMS or MMS messages unless you also unsubscribe via the above procedures.

Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. If you require assistance, please email us at hello@togogreen.eco.

9. Disclaimer

THE CONTAINERS, THE SITE, THE MATERIALS, AND ALL OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TO GO GREEN DISCLAIMS, WITH RESPECT TO THE CONTAINERS, THE SITE, THE MATERIALS, AND ALL OTHER CONTENT ON THE SITE, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO GO GREEN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THE MATERIALS, AND/OR THE OTHER CONTENT ON THE SITE WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITE, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO GO GREEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY OR QUALITY OF THE FOOD OR OTHER PRODUCTS YOU ORDER ON THE SITE AND/OR THE TIMING OF A PICKUP ORDER YOU PLACE ON THE SITE. YOU (AND NOT TO GO GREEN) ASSUME THE ENTIRE COST OF USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

TO GO GREEN SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TO GO GREEN’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. TO GO GREEN IS NOT RESPONSIBLE FOR ANY DELAYS, ORDER FULFILLMENT FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

TO GO GREEN RELIES UPON THE RESTAURANTS AND OTHER THIRD-PARTY FOODSERVICE PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. TO GO GREEN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SITE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.

TO GO GREEN IS NOT RESPONSIBLE FOR ANY FOOD OR SERVICE PROVIDED BY ANY OF THE RESTAURANTS AND TO GO GREEN DOES NOT EVALUATE OR VERIFY ANY OF THE RESTAURANTS’ OFFERINGS, PRACTICES, OR COMPLIANCE WITH APPLICABLE LAW(S).

10. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TO GO GREEN BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF TO GO GREEN HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE SITE, THE CONTAINERS, OR SERVICES PROVIDED ON OR THROUGH THE SITE OR BY TO GO GREEN.

TO GO GREEN 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 SITE. TO GO GREEN 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 SITE, AS WELL AS ANY THIRD-PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE SITE, 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.

TO GO GREEN IS NOT RESPONSIBLE FOR THE WASHING, CLEANLINESS, OR HYGIENE OF THE CONTAINERS. THE RESTAURANTS ARE RESPONSIBLE FOR CLEANING THE CONTAINERS AND MAKING THEM AVAILABLE TO CUSTOMERS IN ACCORDANCE WITH APPLICABLE LAW(S). YOU AGREE THAT TO GO GREEN IS NOT LIABLE FOR ANY ISSUES REGARDING CONTAINER HYGIENE. YOU ALSO AGREE THAT TO GO GREEN IS NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES REGARDING THE FOOD, DRINKS, OR OTHER GOODS OR SERVICES PROVIDED BY THE RESTAURANTS.

IN NO EVENT SHALL TO GO GREEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER ACTION OF ANY TYPE, EXCEED IN THE AGGREGATE (A) THE AMOUNT PAID BY YOU TO TO GO GREEN OR THE RESTAURANTS, IF ANY, IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.

YOU AND TO GO GREEN 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 TO GO GREEN AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES, DO NOT AGREE WITH ANY PROVISIONS OF THIS AGREEMENT, AND/OR INCUR ANY DAMAGE ARISING FROM YOUR USE OF ANY OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, WHICH YOU MAY DO AT ANY TIME.

11. Third-Party Links

The Site may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and that may be subject to additional terms and conditions ("Third-Party Websites"). If you click on a link to a Third-Party Website, To Go Green will not warn you that you have left the Site or that you are subject to the terms and conditions of another website or third-party service provider. To Go Green does not review, monitor, operate, and/or control the Third-Party Websites, and To Go Green makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content, products, or services available on or through and/or the functioning of the Third-Party Websites. By providing access to Third-Party Websites, To Go Green is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third-Party Websites, including, without limitation, providing information, materials, and/or other content to the Third-Party Websites, is entirely at your own risk. To Go Green reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.

12. Additional Terms

Your use of the Site is subject to any and all additional terms, policies, rules, or guidelines applicable to To Go Green’s services or certain features of the Site that we may post or link to on the Site (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Site, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. All such Additional Terms are hereby incorporated into this Agreement by reference.

13. Copyright Policy

To Go Green respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site or a website through which To Go Green’s services may be accessed in a way that constitutes copyright infringement, please provide To Go Green (at the email address set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  • Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Site;
  • Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  • A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner or its agent, or is not otherwise permitted under the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification by email (from the email address associated with your Account, if applicable) to us at hello@togogreen.eco with the subject line “Attention: Copyright Agent.”

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying To Go Green and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with To Go Green’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, To Go Green has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. To Go Green may also, in its sole discretion, limit access to the Site, the Services, and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Termination and Violations of the Agreement

Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, To Go Green reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Site and/or services offered on or through the Site (or any part thereof), including, without limitation, the Site’s features, appearance, and functional elements and related services. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable), and ceasing use of the Site and services provided herein.

Upon termination of this Agreement for any or no reason: (1) you must return and report the return of all checked-out Containers and pay all amounts due to To Go Green; (2) your access rights will terminate, and you must immediately cease all use of the Services after completing (1); and (3) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including, without limitation, the following sections: (i) “Your Content and Conduct;” (ii) “Disclaimer;” (iii) “Limitation of Liability;” (iv) “Termination and Violations of the Agreement;” (v) “Dispute Resolution;” (vi) “Indemnification;” and (vii) “Waiver and Severability.”

To Go Green reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Site from a particular Account, device, and/or IP address.

You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

15. Indemnification

You agree to indemnify and hold harmless To Go Green and its officers, directors, employees, agents, and affiliates (each, an "Indemnified Party") from and against any losses, liabilities, claims, actions, costs, damages, penalties, fines, and expenses, including, without limitation, attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of or in connection with: (i) To Go Green’s use of Your Content; (ii) your unauthorized use of the Services; (iii) your breach of this Agreement; (iv) your actual or alleged violation of any law, rule, or regulation; (v) any third party’s access to or use of the Services using your Account; or (vi) any dispute or issue between you and any third party, including, without limitation, any of the Restaurants.

16. Changes to the Agreement

We may change the Agreement from time to time and without prior notice to you. If we make a material change to the Agreement, it will be effective as soon as we post it, and the most current version of the Agreement will always be posted under the "Terms of Use" link available on our Site ("Updated Terms"). In addition to posting the Updated Terms, we may notify you of the Updated Terms, such as by sending an email to you or providing a notice through the Site. You agree that you will review the Agreement periodically and check the “Effective” date in this Agreement to stay aware of any changes. By continuing to access and/or use the Services 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 and/or accessing the Services. Any disputes under the Agreement will be governed by the version of the Agreement in effect at the time of the first event that gave rise to the dispute.

17. Governing Law

You acknowledge and agree that your access to and/or use of the Containers, the Site, the Materials, and other content on the Site is subject to all applicable international, federal, state, and local laws and regulations. Except for the “Dispute Resolution” section below, the terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, without regard to its choice or conflict of laws principles. The Federal Arbitration Act will govern the interpretation and enforcement of the “Dispute Resolution” section.

Also, regardless of any statute or law to the contrary (and to the fullest extent permitted by law), you must provide notice to To Go Green, pursuant to the procedures in the “Dispute Resolution” section below, of any claim within one year of its accrual, or your claim will be waived and barred.

18. Venue

You and To Go Green agree that to the extent any dispute, claim, or controversy is permitted to proceed in court (except for small claims court), it shall be brought and heard exclusively in the state and federal courts of Washington, DC.

The foregoing Governing Law and Venue provisions do not apply to the “Dispute Resolution” section, and we refer you to that section for the applicable provisions for such disputes.

19. Dispute Resolution

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY. IT LIMITS THE WAYS YOU CAN SEEK RELIEF FROM TO GO GREEN AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS MORE CIRCUMSCRIBED DISCOVERY AND APPELLATE REVIEW THAN THERE IS IN COURT.

I. Informal Dispute Resolution Procedure.

There might be instances when a Dispute (as defined below) arises between you and To Go Green. In those instances, To Go Green is committed to working with you to reach a reasonable resolution; however, we can only do this if we know about and understand each other’s concerns. Therefore, for any Dispute that arises between you and To Go Green, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This includes first sending a written description of the Dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute, along with the email address associated with your Account, to the following email address: hello@togogreen.eco. Your written description must be on an individual basis and provide at least the following information: your name; a detailed description of the nature and basis of the Dispute, including any transaction details; and the specific relief sought and how it was calculated. Your written description must be personally signed by you. For any Dispute that To Go Green raises, we will send our written description of the Dispute to the email address associated with your Account.

You and To Go Green then agree to negotiate in good faith about the Dispute. This might include an informal telephonic dispute resolution conference between you and To Go Green if such a conference is requested by To Go Green. If such an informal telephonic dispute resolution conference takes place, it shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of the complete written description of the Dispute, you and To Go Green agree to the further dispute resolution provisions below.

To reiterate, this informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure. A party may raise non-compliance with this Informal Dispute Resolution Procedure in court and/or in connection with the arbitration.

II. Mutual Arbitration Agreement.

You and To Go Green agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement or payments by or to To Go Green, or that in any way relate to your use of the Containers, the Site, the Materials, and/or other content on the Site, your relationship with To Go Green, or any other dispute with To Go Green (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) (each, a “Dispute”) shall be submitted exclusively to binding arbitration. Dispute shall have the broadest possiblemeaning. This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior Agreement, as well as claims that may arise after the termination of this Agreement. This Mutual Arbitration Agreement is intended to be broadly interpreted.

Notwithstanding the foregoing, issues related to the scope, validity, and enforceability of this Arbitration Agreement are for a court to decide. Also, each party retains the right to (1) elect (at any time prior to the appointment of an arbitrator) to have any claims heard in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, provided the proceeding remains in small claims court and is not removed or appealed to a court of general jurisdiction, and (2) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other confidential or proprietary information or intellectual property rights.

ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE DISPUTE. RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY BE LIMITED IN ARBITRATION. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND TO GO GREEN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

III. Class Action and Collective Relief Waiver

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT AS SET OUT IN SECTION VII BELOW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OR AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF. UNLESS BOTH YOU AND TO GO GREEN OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS (EXCEPT AS SET OUT IN SECTION VII BELOW), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS, JOINT, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.

THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS “DISPUTE RESOLUTION” SECTION, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR TO GO GREEN IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF OR A REQUEST FOR PUBLIC INJUNCTIVE RELIEF AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.

IV. Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” section, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules"). The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer an arbitration consistent with this “Dispute Resolution” section as written, the parties will select an alternative arbitration provider that will administer the arbitration consistent with this “Dispute Resolution” section as written. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this “Dispute Resolution” section as written.

V. Arbitration Process

If after sixty (60) days the Informal Dispute Resolution Procedure above is unsuccessful in resolving the parties’ dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf. If you initiate arbitration, you shall certify that you have complied with the Informal Dispute Resolution Procedure above and personally sign your Demand for Arbitration. The arbitration will be conducted by a single arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within seven (7) days of receiving the AAA’s list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

VI. Arbitration Location and Procedure

Unless you and To Go Green otherwise agree, the arbitration will be conducted in Washington, DC. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and To Go Green submit to the arbitrator, unless a party requests a hearing and the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Unless otherwise prohibited by law or agreed by the parties, all arbitration proceedings and all related records will be confidential and closed to the public and any parties other than you and To Go Green, except as necessary to obtain court confirmation of the arbitration award.

VII. Batch Arbitration

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against To Go Green, the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate a single, different arbitrator for each batch (unless the parties agree otherwise); and (iii) provide for a single filing set of fees (for example, if AAA is the arbitration provider, one filing fee, case management fee, and arbitrator compensation fee) due per side per batch. You agree to cooperate in good faith with To Go Green and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitrations” provision shall in no way be interpreted as authorizing class arbitration of any kind. To Go Green expressly reserves its right to raise unique defenses as to each claimant in connection with this process.

VIII. Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator's award of damages and/or other relief must be consistent with section III above and also must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.

Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after the arbitration award is entered. If the arbitrator finds that either the substance of a claim or the relief sought in a Demand for Arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the arbitrator may award attorneys’ fees, costs and expenses in favor of a party.

IX. Fees

Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable AAA Rules (as modified by section VII above). If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, To Go Green will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you.

X. Changes

To Go Green reserves the right to change this "Dispute Resolution" section. If To Go Green changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Services after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing To Go Green written notice of such rejection by email from the email address associated with your Account to: hello@togogreen.eco, within 30 days of the date such change became effective, as indicated in the "Effective" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and To Go Green in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).

20. Waiver and Severability

Any waiver by To Go Green of any term of this Agreement must be in writing. Except as otherwise provided in this Agreement (see “Dispute Resolution” section III), if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.

21. Entire Agreement

This Agreement, together with any amendments and any additional agreements you may enter into with To Go Green in connection with the Site and the services hereunder, shall constitute the entire agreement between you and To Go Green concerning the Site, any orders placed through the Site, and the services hereunder.

22. Contact

If you have any questions regarding this Agreement or the Site, please contact us by email at hello@togogreen.eco.

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