Terms & Conditions

Gomater, Inc. Terms and Conditions

Effective: 2/15/2025

PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY.
These Consumer Terms and Conditions (“Agreement,” “Terms and Conditions,” or “Terms”) constitute a legal agreement between you and Gomater (referred to as "Gomater," "we," "us," or "our"). By using our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.

1. Application of this Agreement

This Agreement governs your access to and use of the Technology and Services (each as defined below) and is between you and Gomater, Inc. “Gomater,” “we,” “us,” and “our” refer to Gomater, Inc., a North Carolina corporation, and its subsidiaries and affiliated companies.

These Terms and Conditions constitute a legal agreement between you and Gomater, Inc. with respect to orders placed within the United States. Certain provisions of this Agreement may apply based on the state in which you have selected a delivery or pickup address.

For the purposes of this Agreement:

• “United States Consumer” means your primary residence is in the United States.
• “United States Order” means you have selected a delivery or pickup address in the United States.

By accessing or using the Technology or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

2. Acceptance of this Agreement

Gomater operates an online marketplace and connection platform that (a) facilitates the exchange of locally sourced goods among consumers, farmers, and independent third-party couriers who provide delivery services (“Gomates”); and (b) provides users with access to information, services, and technology through the Gomater platform. Gomater’s technology allows consumers to place orders for fresh farm products from local producers, either for delivery or pickup. If a delivery order is placed, Gomater uses its technology to notify Gomates of an available delivery opportunity and facilitate the completion of the delivery. If a pickup order is placed, Gomater communicates with the consumer regarding the availability of their order. Gomater is not a retailer, farmer, grocer, or food producer.

By accessing any of our websites, using the Gomater mobile application, or utilizing any other technology provided by Gomater (collectively, the “Technology”), you agree to these Terms and Conditions. You, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:

(a) You have read, understand, and agree to be bound by this Agreement and any future amendments or modifications.
(b) You are of legal age in your jurisdiction to enter into a binding contract with Gomater.
(c) You have the authority to enter into this Agreement personally and, if applicable, on behalf of any organization for which you have created an account or been named as a User.

The specific services and information available to you may vary based on the delivery or pickup address you have selected. Certain features may only be accessible through the latest version of the Gomater mobile application. “User” refers to any individual or entity that accesses or uses Gomater’s services, with or without an account, including organizations that register accounts through their employees, agents, or representatives.

If you do not agree to these Terms, you may not access or use the Services.

3. Modifications

Gomater reserves the right to modify these Terms and Conditions or its policies related to the Technology or Services at any time, with such modifications becoming effective upon posting an updated version at [Gomater’s website] or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the address you have provided or by another appropriate means.

We encourage you to review this Agreement regularly, as your continued use of the Services after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Technology and Services immediately.

4. Additional Terms and Policies

By using or accessing the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Gomater’s Privacy Policy, which is incorporated into this Agreement by reference.

You also agree to abide by the Code of Conduct and any additional Gomater terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

5. Rules and Prohibitions

Without limiting other rules and prohibitions in this Agreement, by using or accessing the Services (whether or not you have created an account or are logged into an account), you agree that:

(a) You will only use or access the Services for lawful purposes and you will not use or attempt to use the Services under false pretenses or for sending or storing any unlawful material or for deceptive or fraudulent purposes.

(b) You will only use or access the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only use or access the Services using means explicitly authorized by Gomater. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services if you are using the Technology or Services with an incompatible or unauthorized device.

(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use or attempt to use the Services, or any content accessible through the Services (including content accessible without being logged into your account), for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless Gomater has given you prior permission to do so in writing.

(g) You will not use or attempt to use the Services or content accessible through the Services without Gomater's prior written consent in connection with the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or providing archived or cached data sets containing content accessible through the Services to another person or entity.

(h) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.

(i) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

(j) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(k) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.

(l) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed through the Services (including content accessible without being logged into your account) to a third party.

(m) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any Gomater services.

(n) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any Gomater server.

(o) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Gomater may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.

(p) You will not use, access, or collect content, data, information, or materials published or available on the Services—including, but not limited to, text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations—using automated means unless Gomater has given you prior permission to do so in writing.

(q) You will not deep-link to our websites or access our websites manually or with any robot, spider, script, web crawler, extraction software, automated process, service, tool, and/or device to scrape, copy, index, frame, or monitor any portion of our Services or websites or any content on or available through our Services or websites, and you will not attempt any of the foregoing.

(r) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services (including content accessible without being logged into your account), and you will not attempt any of the foregoing.

(s) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, Gomater, Gomater employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.

(t) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that Gomater deems inappropriate when using the Services.

(u) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(v) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.

(w) Your participation in using and access to the Services is for your sole, personal, or internal business use.

(x) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered and you will return any order mistakenly delivered to you if requested by Gomater, a Merchant, or a Contractor.

(y) You will not, in connection with your use of the Services and/or the Gomater platform: (i) ask a Contractor to purchase or deliver any goods or perform any services not ordered through the Gomater platform; or (ii) give or offer to give any goods to a Contractor related to your Gomater order.

In the event that we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account or take other appropriate action at our sole discretion.

6. Farmers and Delivery Contractors Are Independent

(a) You understand and agree that Gomater provides the Services to connect you with independent Farmers who offer the products and services available through the platform, and independent third-party Delivery Contractors who handle delivery and other services. You acknowledge and agree that Gomater is not a farmer, retailer, grocer, food preparation business, or delivery service, and does not bear any responsibility or liability for the actions or omissions of any Farmer or Delivery Contractor. Farmers are the suppliers of the products offered through the platform. Gomater does not engage in the delivery business, does not provide delivery services, and is not a common carrier. The platform facilitates the transmission of orders from Users to Farmers, including orders for delivery by Delivery Contractors. Any delivery, pickup, or preparation times shown on the platform are estimates and should not be interpreted as a promise, commitment, or guarantee from Gomater. Gomater does not evaluate or guarantee the suitability, legality, or capabilities of any Farmer or Delivery Contractor. You agree that Gomater is not responsible for the production, preparation, handling, or safety of food or other products sold or delivered by Farmers, or the accuracy of product listings, descriptions, photographs, images, or any information related to the goods sold. Gomater does not verify whether Farmers comply with applicable laws or regulations. You also acknowledge that the information displayed on the platform may not have been directly provided by the Farmer. Gomater has no responsibility for the actions or omissions of any Farmer or Delivery Contractor. By purchasing goods, you agree that the goods will be produced by the Farmer you selected, and that title to the goods passes from the Farmer to you at the Farmer’s location. For delivery orders, Delivery Contractors will follow your instructions to deliver the products to your designated address. Neither the Delivery Contractor nor Gomater holds or acquires any ownership interest in the goods you order. You agree not to create any encumbrance, lien, charge, or other interest in or over the goods until title has transferred to you.

(b) Notwithstanding Section 6(a):

(i) Farm-to-Door Orders: For orders placed in the United States through the Services with Gomater, the Farmer listed on the platform is the Merchant and is the retailer of the goods sold. Farmers listed on the platform are independent vendors, and Gomater acts solely as an intermediary between the Users and Farmers.

(ii) Subscription Orders: For subscription orders, the Farmer or Supplier listed in the Subscription Service is responsible for fulfilling the product, and Gomater acts solely as a facilitator for the service and delivery logistics.

7. User Account

You may be required to register for an account to use certain features of the Gomater Services. During the registration process and at all other times when you use the Services, you must provide accurate, current, and complete information and update it as needed to ensure it remains accurate, current, and complete. You are the sole authorized User of any account you create through the Gomater Services. You are fully responsible for all activities that occur under your account, password, or device. You agree to monitor your account to prevent unauthorized use by minors, and you will accept full responsibility for any unauthorized use of your password or account. You may not permit others to use your account, and you may not assign or transfer your account to any other individual or entity.

If you suspect that your account, password, or device has been compromised, you agree to notify Gomater immediately. Gomater will not be liable for any losses, damages, or other consequences resulting from the unauthorized use of your account; however, if you are a consumer in a jurisdiction where applicable law does not exclude such liability, Gomater will remain responsible for any damages arising from its own actions or those of its representatives.

If you provide false, inaccurate, outdated, or incomplete information, or if Gomater reasonably believes that the information you provide is false, inaccurate, outdated, or incomplete, Gomater reserves the right to suspend or terminate your account and refuse any future use of the Services (or any portion thereof). Additionally, you agree not to create an account or use the Services if you have been previously removed or banned from the platform.

8. User Content

(a) User Content. Gomater may provide you with interactive opportunities through the Services, including, for example, the ability to post content, provide feedback, rate or review farms, farmers, or other entities, or otherwise submit text, photos, images, audio, and video content (collectively, "User Content"). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or transmitted through the Services by you or someone on your behalf or through your User account does not: (i) violate any third-party rights, including copyright, trademark, patent, trade secret, privacy, publicity, or any other intellectual property or proprietary rights; (ii) contain false, misleading, deceptive, defamatory, offensive, abusive, or illegal material; (iii) contain explicit content or materials related to illegal activity; (iv) create privacy or security risks or solicit personal information; (v) solicit money, provide professional advice, or harm, harass, abuse, stalk, or threaten others; (vi) reflect negatively on Gomater, including its goodwill, reputation, and public image; or (vii) tamper with or make unauthorized modifications to the Services or platform. You grant Gomater (including its service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with Gomater’s business and services. This license also includes the right for other Users to access and use your User Content as permitted through the functionality of the Services. The license granted to Gomater hereunder shall survive the termination of the Services or your account.

Gomater reserves the right, in its sole discretion, to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy if your User Content violates this Agreement or any community guidelines. Gomater may also monitor, delete, or choose not to display your User Content for any reason at its sole discretion. Gomater may access, read, preserve, and disclose any information as required to satisfy applicable laws, regulations, or legal processes, enforce this Agreement, or protect the rights, property, or safety of Gomater, its Users, or the public.

(b) Feedback. You agree that any submission of ideas, suggestions, and proposals to Gomater through feedback mechanisms, forums, or similar pages ("Feedback," considered User Content) is at your own risk and that Gomater has no obligations (including confidentiality obligations) regarding such Feedback. You represent and warrant that you have the necessary rights to submit Feedback, and you grant Gomater (including its service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.

(c) Ratings and Reviews. If you rate or post reviews of farms, farmers, or other businesses, which may include text, photos, images, audio, or video (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Gomater and do not represent the views of Gomater. Gomater shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. By submitting Ratings or Reviews, you agree to base them on your first-hand experience with the farm, farmer, or business, and comply with all relevant laws and regulations, including advertising standards. You also agree that Gomater may, at its discretion, decide not to publish, display, or make available your Rating or Review, or remove it if it violates this Agreement or any community guidelines.

9. Communications with Gomater

By creating a Gomater account or using the Platform or Services, you agree to:
(a) accept and receive communications from or on behalf of Gomater, Farmers, delivery personnel, partners, and/or third parties providing services to you or Gomater, including via email, text message, direct message, chat, and calls, to the contact information you provide to Gomater when registering an account or using the Platform or Services; and
(b) receive communications via push notifications or in-app messages in the Gomater mobile application.

Further, you understand and agree that you may receive communications (e.g., calls, text messages, etc.) that are generated by an automatic telephone dialing system, and/or which will deliver prerecorded or automated messages, sent by or on behalf of Gomater and Farmers (e.g., Farmers facilitating the delivery of your order), including but not limited to communications concerning orders you place through your account on the Services. For clarification, you acknowledge and agree that you will receive communications from delivery personnel who are facilitating your receipt of the benefit of the Services (including multimedia messaging service (“MMS”) messages to confirm the delivery of your order). Message and data rates may apply and message frequency may vary. The communications in this Section 9 may include, without limitation, commercial or marketing messages (see Section 20 for information about consumer marketing text messages), transactional or relationship messages (e.g., messages about the availability of our services (e.g., interruptions in service), security and/or fraud (e.g., password reset messages), safety, responses to communications initiated by you, updates to policies/legal agreements (e.g., privacy policies, terms of service)), newsletters, and messages relating to research, political advocacy, or customer support (those initiated by you and by us). You acknowledge that receiving commercial or marketing messages or calls is not a requirement or condition for you to use the Services. For purposes of clarity, any message (including text message) or call you may receive from us, a Farmer, or a delivery person regarding an order is a transactional message, not a commercial, marketing, or promotional message or call. If there are changes to your contact information (e.g., email address, phone number), you agree to update your account to help prevent or limit Gomater inadvertently communicating with someone else.

Opt-Out Options for Communications:

• For email communications that permit opting out (e.g., commercial/marketing messages), there is an opt-out mechanism in the messages.
• For transactional or relationship email messages, the only opt-out option is to delete your account.
• For phone calls, you can submit a request to be added to Gomater’s internal do not call list by making the request during the call or contacting Gomater Support at [Support Phone Number].
• To opt out of all communications, the only option is to delete your account.

Review the Gomater Privacy Policy for more information about Gomater’s privacy practices, contact information, and opt-out options.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Gomater or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

10. Electronic Records

By creating a Gomater account or using the Platform or Services, you consent to the use of electronic records. You also agree that all terms and conditions, agreements, notices, disclosures, and other communications that Gomater provides to you electronically satisfy any legal requirement for such communications to be in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.

To view and retain a copy of this Agreement, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access, and (b) either a printer or storage space on such device.

11. Intellectual Property Ownership

Gomater alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Platform and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Platform or the Services, or any intellectual property rights owned by Gomater. Gomater names, Gomater logos, and the product names associated with the Platform and Services are trademarks of Gomater or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform or the Services.

12. Payment Terms

(a) Prices and Charges. You understand that: (i) the prices for menu or other items displayed through the Services may differ from the prices offered or published by Farmers for the same menu or other items and/or from prices available at third-party websites, and such prices may not be the lowest prices at which the menu or other items are sold and may change at any time without notice; (ii) Gomater has no obligation to itemize its costs, profits, or margins when publishing such prices; and (iii) pricing may change at any time, in the discretion of Gomater or the Farmer (depending on which party sets the given price). For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in-store totals. In those situations, Gomater reserves the right to temporarily authorize or place a hold on your payment method for an amount that may be greater than the amount shown at checkout and to charge your payment method the final price after checkout. You are liable for all transaction taxes (other than taxes based on Gomater’s income), including sales tax, use tax, goods and services tax, and other transaction taxes if applicable, on the Services provided under this Agreement. If transaction taxes are applicable, Gomater reserves the right to charge you additional amounts on account of such taxes.

(b) Strikethrough Pricing. Gomater may use strikethrough pricing for certain items (for example, when presenting a discount or promotional price for items). Gomater does not represent that the strikethrough price was the regular or former price of items for any particular period of time and the time period may vary widely depending on the items. The strikethrough price may also be an introductory price that was offered for a short period of time. Unless otherwise specified, the strikethrough price represents a non-member discount to the extent the Farmer has a membership program.

(c) Refunds. Charges paid by you for completed and delivered orders, or for orders confirmed by a Farmer, are final and non-refundable. Gomater has no obligation to provide refunds or credits but may grant them gratuitously at Gomater’s sole discretion in each case. You may be required to provide identification information and/or a signature upon pick-up and/or receipt of certain orders; if you fail to provide the required identification information or signature for such an order, you agree and acknowledge that Gomater will not honor any claim that your order was not delivered and you may be subject to a non-refundable Undeliverable Item Fee.

(d) Promotional Offers and Credits. Gomater, at its sole discretion, may make promotional offers with different features and different pricing to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Gomater; (iii) are subject to the specific terms that Gomater establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer. Gomater reserves the right to withhold or deduct credits or benefits obtained through a promotion, or to charge additional amounts that would have applied to the transaction had the promotion not applied, in the event that Gomater determines or believes on reasonable grounds that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

(e) Fees for Services. Gomater may change the fees that Gomater charges you as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, Expanded Range Fees, and Surge Fees. Gomater may offer different pricing to customers based on a variety of factors, including but not limited to geographic areas or usage. Gomater may also charge you additional fees as required by law. Gomater may charge Farmers fees on orders that you place through the Services, including commissions and other fees, and may change those Farmer fees as we deem necessary or appropriate for our business. None of the Service Fee, Delivery Fee, Small Order Fee, Surge Fee, or any other fee charged to you by Gomater is for any right to access, install, or use any Platform.

(f) Gift Cards. Gift cards are governed by Gomater’s Gift Card Terms and Conditions, which are incorporated herein by reference. Gift cards may be redeemable towards eligible orders placed on Gomater’s platform. Gift cards are not redeemable for cash except when required by applicable law. Once a gift card is redeemed, the amount of the gift card is converted into credits linked to your account, and such credits may be used towards eligible orders. While credits from gift cards do not expire, you will lose access to such credits if your account is deactivated or deleted.

(g) Invoice or Other Taxable Supply Information. A tax invoice (or alternative taxable supply information if and when permitted to be issued under applicable tax law instead of a tax invoice) for Gomater fees will be made available by Gomater to you when legally required to do so, or otherwise at Gomater’s sole discretion, upon you having submitted a request for a tax invoice (or tax information) at our Customer Support page. You agree that invoices (or alternative taxable supply information) will only be made in electronic form.

(h) Checkout Merchants. Gomater provides certain checkout-related services to third-party merchants outside of the Gomater platform to facilitate the completion of transactions with such merchants (“Checkout Merchants”). If you are completing a transaction directly with a Checkout Merchant outside of the Gomater platform, we may share certain information about you, including loyalty or rewards information, subscription status, and/or payment card, payment method, billing, and contact information, with the Checkout Merchant for the purpose of facilitating the transaction. The processing of such information by the Checkout Merchant is subject to the Checkout Merchant’s privacy policy, terms of service, and/or other applicable terms. Gomater is not a party to any such transaction and is not liable or responsible for the Checkout Merchant’s processing of your information.

13. Binding Arbitration and Class Action Waiver

(a) Arbitration and Limitation of Liability: Any dispute, claim, or controversy arising out of or relating to this Agreement, the services provided by Gomater, or any other interactions between the parties shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and shall take place in Catawba County, North Carolina, unless the parties mutually agree otherwise. The arbitrator shall have no authority to award punitive, incidental, special, consequential, or indirect damages, including lost profits, and may only award actual damages based on the transaction in dispute. The decision of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, Gomater, its owners, employees, affiliates, or agents shall not be liable for any damages arising out of or related to the use of its services, regardless of the cause of action. In no event shall Gomater’s total liability exceed the amount paid by the customer for the specific transaction that gave rise to the dispute. Each party shall bear its own arbitration costs and fees, except as provided by applicable law or determined by the arbitrator.

(b) Class Action Waiver: By using Gomater’s services, you agree that any claims, disputes, or controversies will be resolved solely on an individual basis. You waive any right to initiate, participate in, or be a member of any class, collective, or representative action, whether in arbitration or otherwise. The arbitrator shall not have the authority to consolidate claims or to preside over any form of class, collective, or representative action.

(c) Survival: This arbitration agreement and class action waiver shall survive the termination or expiration of this Agreement and remain in effect regardless of the resolution of any dispute.

14. Third-Party Interactions

(a) Third-Party Websites, Applications, and Advertisements: The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites and Advertisements”). When you click or tap on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, Gomater will not warn you that you have left Gomater's website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Advertisements are not under the control of Gomater. Gomater is not responsible for any Third-Party Websites and Advertisements. Gomater provides links to these Third-Party Websites and Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites and Advertisements or their products or services. You use all links in Third-Party Websites and Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

(b) App Stores: You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application license, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and Gomater and not with the App Store. Gomater, not the App Store, is solely responsible for the Technology and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement). In order to use the Technology and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Technology or the Services. You agree to comply with, and your license to use the Technology and the Services is conditioned upon your compliance with, all applicable third-party terms or agreements (for example, the App Store’s terms and policies) when using the Technology or the Services. You represent and warrant that you are not located in a country that is subject to a United States Government embargo or similar laws of other countries where applicable, or that has been designated by the United States or Canadian Government as a “terrorist-supporting” country, and you represent and warrant that you are not listed on any United States or Canadian Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Gomater and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services; (e) any harm or injury resulting from consuming food ordered through the platform; or (f) any harm or damages caused by an independent contractor engaged in connection with your use of the platform.

In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and/or attorneys’ fees incurred by the Indemnified Party. Gomater reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Gomater in asserting any available defenses.

This Section does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Technology or Services.

You agree that the provisions of this Section will survive any termination of your account, this Agreement, or your access to the Technology and/or Services.

16. Disclaimer of Warranties

UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 16 MAY NOT APPLY TO YOU. SECTION 16 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. GOMATER WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE THEY WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. GOMATER MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS.

GOMATER DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GOMATER SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

GOMATER MAKES NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY, SAFETY, OR RELIABILITY OF FOOD OR OTHER ITEMS ORDERED THROUGH THE PLATFORM AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR CONSUMPTION OF SUCH ITEMS. YOU USE THE SERVICES AT YOUR OWN RISK, INCLUDING THE RISK OF ANY HARM OR INJURY THAT MAY RESULT FROM CONSUMING FOOD OR PRODUCTS PURCHASED THROUGH GOMATER.

17. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, Gomater is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems, including those caused by network interruptions, server downtime, or delays in processing transactions due to technical issues.

18. Breach and Limitation of Liability

This Section 18 applies to the fullest extent permitted by applicable law.

(a) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gomater's AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO Gomater IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

(b) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gomater SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, AND ECONOMIC ADVANTAGE). THIS DISCLAIMER SHALL NOT APPLY TO LIABILITY ARISING FROM Gomater's FRAUD, FRAUDULENT MISREPRESENTATION, OR NEGLIGENCE.

19. Termination

If you violate this Agreement, Gomater may respond based on factors including, but not limited to, the severity of the violation and whether a pattern of harmful behavior exists.

At its sole discretion, Gomater may modify or discontinue the platform or services, or may modify, suspend, or terminate your access to the platform or the services, for any reason, with or without notice to you, and without liability to you or any third party. Where required by law, we will provide you with written notice of the suspension or termination of your access to the platform or services, including the reasons for such action. In addition to suspending or terminating your access, Gomater reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive relief. Even after your right to use the platform or the services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive termination will survive the termination of this Agreement.

20. Consumer Marketing Emails (United States Consumers Only)

This Section 20 applies to United States Consumers who request, agree, sign up, or otherwise consent to receive consumer marketing emails (“Opt In”).

You authorize us to send consumer marketing emails, including promotional offers, discounts, and messages related to goods and services offered by Gomater. You do not have to Opt In as a condition of purchase or signing up for, accessing, using, or continuing to use Gomater.

If you wish to stop receiving consumer marketing emails, simply click the "unsubscribe" link in any of our emails. You may also contact customer support at help@gomater.com for assistance.

Message frequency may vary. See our Privacy Policy for how we handle your information.

21. General

(a) No Joint Venture or Partnership
No joint venture, partnership, employment, or agency relationship exists between you and Gomater or any third-party provider as a result of this Agreement or use of the Services.

(b) Choice of Law
This Agreement is governed by the laws of:
(i) for United States Orders
 

(c) Severability
If any provision of this Agreement is found to be invalid or unenforceable, the invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

(d) Consumer Complaints
If you have a complaint about the Services, please visit our Customer Support page. For United States Consumers who are residents of the State of California, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

(e) Notice
You are responsible for providing Gomater with your most current email address. If the last email address you provided is not valid or cannot deliver notices, Gomater’s dispatch of the email will still constitute effective notice. All agreements, notices, and communications provided by Gomater electronically (via email or within the Services) satisfy legal requirements for written communication. You may give notice to Gomater by visiting our Customer Support page.

(f) Transfer and Assignment
This Agreement may not be transferred or assigned by you, but may be assigned by Gomater without restriction. Any attempted transfer or assignment in violation hereof shall be void. This Agreement binds and benefits each party and their successors and permitted assigns.

(g) Currency
Unless otherwise indicated, all prices and amounts displayed through the Services are in U.S. dollars or the applicable local currency based on where the service is provided.

(h) Use Only Where Legally Allowed
You shall not access or use any portion of the Services if you are not legally allowed to do so in your location.

(i) Subcontracting
Gomater may subcontract any of its obligations under this Agreement without your prior written consent.

(j) Variation of Services
We may vary, modify, or discontinue any or all of our services, temporarily or permanently, at our discretion.

(k) Language Versions
The official language of these Terms is English. Any discrepancies between language versions will be resolved by interpreting the official English version.

(l) Entire Agreement
This Agreement is the final, complete, and exclusive agreement between the parties with respect to the subject matter and supersedes all prior discussions. Nothing in this Agreement will supersede, amend, or modify the terms of any separate agreement(s) between you and Gomater related to your work as an employee or independent contractor.

United States:

Gomater, Inc.

4111-e Rose Lake Dr #7996,

Charlotte, North Carolina 28217 US