User Terms and Conditions

These User Terms and Conditions (these “Terms”) set forth the terms upon which Saucey, Inc. (“Saucey,” “we,” “our” and “us”) offers you (“you” or “User”) access to the website located at www.saucey.com, Saucey’s mobile application (the “App”), and any related products or services (collectively, the “Services”).

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A DISCLAIMER OF WARRANTIES AND LIMITS ON LIABILITY.  SEE SECTIONS 12 AND 13.

BY DOWNLOADING, ACCESSING, OR USING THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO PURCHASE ANY AGE-RESTRICTED PRODUCTS ON THE APP.

By downloading, accessing, or using the Services, you represent that you have read and agree to be bound by these Terms.

1. Other Terms; Changes to these Terms.  We may display other terms to you depending on how you interact with us or the Services. Those terms are in addition to these Terms, and unless otherwise noted, subject to and incorporate these Terms by reference. Saucey may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your Saucey account.

2. The Services and Your Access.  Saucey helps you browse and shop with sellers that display their inventory for sale on the App (“Sellers”).  By using the Services, you can browse Sellers’ inventory and make purchases from Sellers by utilizing the Services.  

   1. Eligibility.  You must be permitted to agree to these Terms under the laws of your place of residence including having sufficient legal capacity.  As a condition of access and at the time of each purchase, you may be required to complete age-verification steps, and you consent to Saucey and its Sellers verifying your age and identity through third-party verification services and by requiring valid government-issued identification.

   2. Eligibility for the Purchase of Age-Restricted Products.  To make a purchase of any of Sellers’ products that carry a legal minimum age for purchase, you must be of that legal minimum age for purchase and comply with any and all requests made on the App, or in connection with the Services, to provide verification that you are of the legal minimum age for purchase.

   3. Geographic Restrictions. You agree that you will not access the Services from any territory where the content or use of the Services is illegal. You are solely responsible for complying with all applicable local, state, and federal laws and regulations.

   4. License, Prohibitions and Restrictions. Subject to the terms and conditions of these Terms, Saucey grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable right to access and use of the Services and the App solely for your lawful, personal, non-commercial use.  You may download and install the App on a mobile device that you own or control. Saucey reserves all rights not expressly granted. You agree not to:

      1. duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the Terms;

      2. submit false, inaccurate, misleading, or deceptive information to Saucey or in connection with your use of the Services;

      3. upload or transmit viruses or malicious code or take any action that would interfere with, disable, overburden or impair the proper working, security, integrity, operation or enjoyment of the Services;

      4. compromise, interfere with or circumvent any security, authentication or access features;

      5. modify, translate, reverse engineer, disassemble, reconstruct, decompile, copy or create derivative works of the Services;

      6. use any robot, spider, crawler, scraper, data gathering or extraction tools, automatic devices or processes, AI tools, including but not limited to, agentic AI or automated or manual means to access, interact with, copy or extract any of the Services for any purpose, without Saucey’s prior express written consent; and

      7. bypass any robot exclusion headers or other means Saucey may employ to monitor or restrict or limit access to the Services.  

   5. Account Information. You agree to provide truthful and accurate information about yourself when creating your account, including your name, age, contact information, and valid payment information, and to keep this information up-to-date and current.  You will not provide any false, inaccurate, or misleading information in connection with your account.

   6. Updating Information. You can correct or change certain information in our records, such as your address and contact information. Generally, you may change this information at any time and as often as necessary by visiting your account page on the Services or App and following the onscreen instructions to update your information.

   7. Account Use. Only you may use your account. You must keep your account details and password confidential. You are responsible for all activity that occurs under your account, including charges (if any) resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying us. You shall not access the Services using the account information of someone other than you without the express consent of the account holder.

   8. Closing or Suspending Your Account.  You can close your account at any time and for any reason by contacting us at [email protected]. If you have any problems with these Terms or with the Services, your sole and exclusive remedy is to cease using the Services.  We may terminate or suspend your account or access to all or part of the Services, at any time and without notice, for any reason or for no reason. Saucey shall not be liable for any loss or damage arising from your failure to comply with the Terms or applicable laws.

3. User Generated Content.

   1. User Generated Content. When you use the Services, you provide us with content such as comments, product reviews, your name or user name (“UGC”). All UGC must comply with these Terms and applicable laws, rules and regulations, including, without limitation, laws concerning endorsements and advertising.  

   2. Your Feedback. We welcome feedback, but note that we may use ideas, comments or suggestions without any obligation or compensation to you. You agree that you will have no right to payment or revenue in connection with any feedback you provide.  

   3. Product Reviews. If you provide comments or reviews about products you have purchased, you agree that those comments and reviews will be truthful, accurate, and based on your actual experience with the product, and will comply with all applicable laws, rules, regulations, and regulatory guidance. You agree that you will have no right to payment or revenue in connection with any product reviews you provide.

   4. Review of UGC. We may take action against UGC that violates these Terms or where permitted or required by law, such as removing, restricting or limiting access or distribution of any UGC. Saucey reserves its rights to remove UGC at any time in its sole discretion, but Saucey will not be responsible or liable to any third party for the content or accuracy of any UGC.  

   5. License to UGC.  You hereby grant Saucey a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, right and license to store, copy, modify, adapt, translate, create derivative works from, publish, publicly perform, broadcast, display, make available, and distribute your UGC and related content, in any media, without limitation.  You represent and warrant that you have all necessary rights to the UGC you provide to grant this license to Saucey.  You waive any moral rights you have in any UGC.  

4. Third-Party Offerings.  The Services may integrate with or provide access to services, features or offerings provided by third parties (“Third-Party Offerings”).  You acknowledge and agree that we are not responsible for such Third-Party Offerings or any content or materials contained in those Third-Party Offerings. Our integration or provision of such Third-Party Offering does not constitute or imply endorsement, association, or recommendation by us. You acknowledge and agree that any opinions, advice, statements, services, offers, or other information or content expressed in such Third-Party Offerings are those of the respective author(s) and not of us.  We have no control over the information provided by the respective authors of Third-Party Offerings and do not (and cannot) monitor the information rendered from Third-Party Offerings. You should use caution when interacting with other Users or Sellers. We encourage you not to share, post, or otherwise disclose confidential or sensitive information to other Users on the Services.

5. Sellers and Saucey’s Role.  

   1. Sellers.  Saucey provides the Services and App for merchants of certain products. The Sellers, not Saucey, are the seller of record for such products (“Products”).  If you make a purchase using the Services or App, you are purchasing those items from the Seller, not Saucey, and your payment method will be charged by a third-party payment processor who will transfer and deliver certain funds to the Sellers and/or to Saucey for any fees, service charges, or other charges associated with the use of the App. As a provider of the Services, Saucey does not own, control or manage Sellers listing products for sale on the App.  You agree that Saucey is not responsible or liable for the actions, inactions, Products or content of any Sellers.  

   2. No Liability for Products. You agree that neither Saucey, nor its parents or any of its affiliates, nor any of their respective employees, directors, officers, members, shareholders, agents or representatives shall be liable to you or any third party for any claims relating to the purchase, sale, delivery, consumption, use, or misuse of any Products available via the Services or App.

   3. Pricing and Availability. Prices and availability of products on the Services are subject to change without notice. We do not warrant that product descriptions, product images, prices, availability, specifications, or other content of the Services is accurate, complete, reliable, current, or error-free. Certain weights, measures, and related descriptions are approximate and are provided for convenience purposes only. Sellers, not Saucey, are responsible for all Product information, Product pricing and stock levels.  Displayed pricing may not include delivery fees, service fees, or other charges, the cost of which varies.

   4. Seller Acceptance and Fulfillment. All orders placed through the Services are subject to acceptance and fulfillment by a Seller. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order, or a confirmation of an offer to sell. Verification of information may be required prior to the acceptance of an order.

   5. Verification at Delivery. By completing an order for products with a legal minimum age for purchase through the use of the Services, you agree that you are 21 years of age or older and that you will comply with all laws pertaining to acceptance of the delivery of a product with a legal minimum age for purchase, including, as necessary or as requested, verifying your age and identity upon the delivery of such products.

   6. Failed Deliveries. In the event a delivery cannot be completed for reasons attributable to the inability of the User to provide requested identification to verify they are above the legal minimum age for purchase, the delivery service (“Delivery Service”) will not complete delivery of the Products. Additionally, if the Delivery Service requires verification of identity or age in order to complete a delivery and the necessary individual(s) are not present to allow for the completion of the delivery, Products may be removed from the order and returned to the Seller. Fees, including but not limited to those associated with order restocking and costs attributable to the unsuccessful attempt by the Delivery Service to complete delivery, may be charged to User’s payment method, with certain funds associated with the purchased items returned to the Seller.

   7. Refused Deliveries. In addition to the foregoing, the Delivery Service will refuse to complete certain deliveries for products with a legal minimum age of purchase, and will not leave any Products, if the recipient appears to be under 21 years of age, cannot produce requested valid government-issued identification, or appears to be intoxicated. Any such refusal will be treated as a failed delivery.

   8. Delivery Service Rights. The Delivery Service reserves the right to refuse to deliver Products for any reason.

6. Special Terms About Alcoholic Beverages.  

   1. Age and Use Representations. All orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor Saucey sell alcohol to persons under the age of 21. By using the Services you represent and warrant to us that you are not below the legal age required to buy alcoholic beverages and products and YOU ARE PURCHASING SOLELY FOR (i) SELF CONSUMPTION OR (ii) GIFTING TO A PERSON IN THE U.S. WHO IS AT LEAST 21 YEARS OLD. YOU ALSO REPRESENT AND WARRANT THAT THE STATE IN WHICH YOU ARE ORDERING AND THE STATE TO WHICH YOU ARE ASKING US TO DELIVER PERMIT THE SALE AND DELIVERY. Saucey and/or its Sellers may block, restrict, or cancel orders for delivery to any state, county, or municipality in which the sale, shipment, or delivery of the applicable products is prohibited or restricted by law.

   2. Indemnification for Misrepresentations. We will rely upon the foregoing representations, and those made in due course of purchasing alcoholic beverages via the App, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.

   3. Title and Ownership. Title to, and ownership of, all alcoholic beverages passes from the retailer to the purchaser at the store, in the State the alcoholic beverage is purchased, and it is the purchaser’s sole responsibility to arrange for delivery from that retailer to the destination chosen by the purchaser. By arranging for transportation or delivery of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us or the retailer arrange the delivery on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality, and any other State that apply to you and the purchase, delivery, and transportation of alcoholic beverages. Sales tax will be applied based on the seller’s location.

   4. IF YOU DO NOT WISH US TO MAKE THE REPRESENTATIONS AND WARRANTIES IN THIS SECTION, THEN DO NOT MAKE YOUR PURCHASE.

   5. Other Age-Restricted and Regulated Products. To the extent Saucey offers other products with a legal minimum age for purchase, the age and use representations, verification-at-delivery requirements, and indemnification obligations set forth in this Section 6 and in Section 5 apply equally to those products to the extent applicable. By ordering any such product, you represent and warrant that you meet the minimum legal age required to purchase it and that the sale and delivery of the product are permitted in the state and locality of the order and delivery.

7. Privacy Policy. You can learn about our privacy practices by reading our Privacy Policy, available at: https://saucey.com/privacy-policy. By accessing or using the Services, you agree that any information and content you provide will be handled in accordance with our Privacy Policy.

8. Intellectual Property Rights.

   1. Trademarks. All Saucey logos, titles, characters, and graphics are service marks, trademarks and/or trade dress of Saucey and may not be used by you for any reason other than as expressly permitted by Saucey. All other trademarks, not owned by Saucey, that appear on the Services are the property of their respective owners and you shall not obtain any ownership rights in such marks, logos, or names by your use of the Services.

   2. Proprietary Rights. You acknowledge and agree that the Services contain proprietary information and content that is intellectual property, which is protected by the law and may not be used except as provided for by Saucey. You acknowledge that monetary compensation for the consequences of unauthorized commercial use or republication of content or information from the Services may not be sufficient or appropriate and in that event, Saucey will be entitled to temporary and permanent injunctive relief to prohibit such use.

   3. Copyright Infringement Policy. Saucey abides by and respects copyright law and expects the same from its Users. We reserve the right to terminate Users who are infringing or are alleged to be infringing on the rights of copyright holders, at our sole discretion, and without liability to you. In appropriate circumstances, Saucey will also terminate a User’s account if the user is determined to be a repeat infringer. If you believe that any content has been used in such a way that violates or infringes on your intellectual property rights, you may notify us by contacting our designated agent at support@saucey.com.

9. Availability and Changes.  The Services or content on the App may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. We are not liable for any disruption or loss you may suffer as a result. We may change, suspend, or discontinue any aspect of the Services and/or the App at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

10. Agentic Terms.  This section applies if you use, allow, enable, or cause the deployment of any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of, or using a person's device, without direct supervision (“Agent”) to access, use, or interact with the Services.

    1. No Agent may access, use, or interact with the Services unless authorized to do so by Saucey in writing. At all times, the Agent must identify itself and operate in strict accordance with the requirements in this Section. No Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any of the Services.

    2. At Saucey’s discretion, we may limit via any means whether and how any Agent accesses, uses, and interacts with the Services.

    3. In the event Saucey approves use of an Agent interacting with the Services, then such approval is subject to all of the following.  All Agents must: (i) identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, including, by way of example and not limitation: (A) mimicking human behavior and interaction patterns, or (B) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond accurately to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with any of the Services or any security, authentication or other safeguarding measures of the Services; and (v) not scrape, crawl, collect, retain, or use data from any of the Services for any purpose other than strictly automating activities delegated to the Agent by the User that would otherwise be permitted under these Terms if performed manually by a User, and in no event for the purpose of training, developing, improving, or fine-tuning any machine learning or artificial intelligence system, tool, model or technology.

11. Governing Law and Venue. This Section 11 applies to any claims, disputes or controversies not subject to the terms of the Dispute Resolution provision (Section 12). Such claims, disputes or controversies shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Such claims, disputes or controversies shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, in each case located in the City of Wilmington and in the County of New Castle. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  Notwithstanding the foregoing choice of Delaware law, the sale, shipment, and delivery of alcoholic beverages and other regulated products remain subject to the mandatory alcoholic beverage control and other regulatory laws of the state and locality in which the sale and delivery occur.

12. DISPUTE RESOLUTION; BINDING ARBITRATION.  Any controversy or claim arising out of or relating to the use of the Services and/or the App, including those related to account, mailing list, promotion, purchase, or attempted purchase (collectively, “Transaction”) shall be settled by individual arbitration (without class action) administered by the American Arbitration Association or an arbitration forum mutually acceptable by you and us. For the avoidance of doubt, this arbitration provision does not apply to any action taken by us to enforce our intellectual property rights or to seek injunctive relief.  The arbitration clause does not apply to Services or App visitors that did not otherwise complete a Transaction. This arbitration clause shall inure to the benefit of our service providers, vendors, contractors, or assignees. This Section 12, including the numbered paragraphs below, is referred to as the “Arbitration Agreement.” Arbitration proceedings are confidential, unless all parties agree otherwise in writing. You hereby waive any right to join or consolidate claims in arbitration by or against other users with respect to other accounts, bring mass, class action, or consolidated claims in arbitration or in a court of competent jurisdiction, or arbitrate or litigate any claim as a representative or user of a class or in a private attorney general capacity. Claims for public injunctive relief shall be heard in a court of competent jurisdiction and not in arbitration.

    Informal Dispute Resolution: If a dispute arises between you and us with respect to Transactions, both parties agree that they will first, as a prerequisite to any litigation or arbitration, make a good faith effort to resolve the dispute informally for 60 days after the responding party’s receipt of a written description of the dispute from the claimant party. The written description must be on an individual basis and provide your name, a description of the nature and basis of the claim, and the specific relief sought. Any relevant limitations period, filing fees, or other deadlines will be tolled during the 60 days. This provision applies to all participants in a Transaction.

1. Dispute Resolution by Arbitration: Any and all claims, controversies, or disputes arising out of, or related in any way to Transactions shall be subject to binding arbitration pursuant to the Federal Arbitration Act. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. Sections 1-16. This Arbitration Agreement applies to, without limitation, (1) all issues concerning the Transaction in connection with which this Arbitration Agreement has been executed; (2) initial claims, counterclaims, cross-claims, and third-party claims, whether arising in law or equity, and whether based upon federal, state, or local law; contract; tort; fraud or other intentional tort; constitution, common law, or statute; (3) any issue as to whether any such claims, controversies, or disputes related to or arising out of the Transaction are subject to arbitration; and (4) any claims, controversies, or disputes that would otherwise be subject to class actions (collectively, (1)-(4) are referred to as “Claims”).  This means that all Claims that are the subject of class actions will also be subject to binding arbitration under the FAA and this Arbitration Agreement. THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT HAVE JURISDICTION TO ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.

2. Consent to Arbitration; Scope: You and we understand and agree that you and we are choosing arbitration rather than litigation to resolve disputes.  You and we understand that you and we have the right to litigate disputes but that you and we prefer to do so through arbitration. In arbitration, you may choose to have a hearing and be represented by counsel. THEREFORE, YOU UNDERSTAND THAT BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU VOLUNTARILY AND KNOWINGLY:

   1. WAIVE ANY RIGHTS TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES;

   2. WAIVE YOUR RIGHT TO HAVE A COURT, OTHER THAN A SMALL CLAIMS COURT, RESOLVE ANY CLAIM OR DISPUTE ALLEGED AGAINST US OR RELATED THIRD PARTIES; AND

   3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT FILED AGAINST US AND/OR RELATED THIRD PARTIES.

3. Opt-Out Right: You may elect to opt out of this Arbitration Agreement by sending or delivering written notice to the address below and advising that you wish to opt out of this Arbitration Agreement. This written notice must be received by us by the end of the 30th calendar day after you agree to this Arbitration Agreement as part of the Transaction.

   Saucey, Inc.

   401 N. Main St.

   Winston-Salem, NC 27104

4. Procedure for Arbitration: Arbitration may be heard, at the claimant’s election, by:

   • The American Arbitration Association: https://www.adr.org – (877) 495-4185– [email protected]

   • or, any other arbitration forum as you and we may agree.  

   You may initiate an arbitration by contacting the arbitration forum of your choice at the contact points provided above. If you require assistance in a language other than English, or special services to accommodate a disability, please select an arbitration forum that can accommodate your needs.

   1. The arbitration shall be conducted by a single neutral, qualified and competent arbitrator selected by you and us under the rules of the arbitration forum selected. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation, and shall honor all claims of privilege recognized by law. The arbitration shall take place in a location determined by the arbitrator in the federal district of your residence.  

   2. If you file for arbitration under this Arbitration Agreement, the only fee you may be required to pay is the individual filing fee, which is approximately equivalent to current court filing fees.  We will bear all other arbitration fees, except for your attorneys’ fees and costs.  If we file for arbitration under this Arbitration Agreement, we will be required to pay all fees associated with the arbitration, except for your attorneys’ fees and costs. However, if circumstances relating to the dispute (including, among other things, the size and nature of the dispute, the nature of the services that we have provided you, and your ability to pay) would make it unfair or burdensome for you to pay the arbitration filing fees, we will advance the initial filing, administration, and hearing fees required by the arbitrator, who will ultimately decide who will be responsible for paying those amounts.

   3. You can participate in arbitration without representation. However, if you choose to be represented, you may only be represented by a licensed attorney. Because arbitration is a final, legally binding process that may impact your legal rights, you may want to consider consulting an attorney. Each party, you and we, shall bear our own costs and expenses, including attorneys’ fees, which we incur with respect to the arbitration.  

   4. In addition to the requirements set forth in the arbitration forum’s rules, you agree that upon initiating an arbitration, you will provide us with your name, Transaction date, mailing address, telephone number, email address, a factual description of every disputed Transaction for which you seek compensation (date, amount, and transaction type) and/or event (date, location, and individuals involved), explanation of the basis of your Claim, and itemized calculation of all alleged damages, and, if represented by counsel, a signed statement authorizing us to share information regarding your Transaction and the Claim with them. You agree and understand that failure to provide this information may result in dismissal of your Claim, though you have the right to refile once you provide the information described in the previous sentence.

5. Interpretation of this Arbitration Agreement: Any dispute as to the arbitrability of a claim shall be decided by the arbitrator. Any dispute as to the validity of the portion of this Arbitration Agreement that prohibits class arbitration shall be a matter for resolution by a court and not by the arbitrator. In the event that the court deems the portion of this Arbitration Agreement that prohibits class arbitration to be unenforceable, then the court shall retain jurisdiction over the dispute and this Arbitration Agreement shall be null and void.

6. Awards: The arbitrator shall issue the award in accordance with the rules of the arbitration forum.  Unless you and we agree otherwise, the award shall provide the concise written reasons for the decision and shall apply any identified, pertinent contract terms, statutes and legal precedents.  Subject to the jurisdictional limitations set forth in Section 1 of this Arbitration Agreement, the arbitrator may grant any remedy, relief or outcome that you or we could have received in court. Errors of law or legal reasoning by the Arbitrator shall exceed the Arbitrator’s jurisdiction, and the arbitrator shall not have the power to commit errors of law or legal reasoning. Any award based on errors of law or legal reasoning shall not be confirmed by a court of competent jurisdiction, and shall be reviewable, vacated, corrected, or remanded to the Arbitration forum on application to a court of competent jurisdiction regarding any such error.

7. Enforcement of Award: Subject to Section 6 of this Arbitration Agreement, the award of the arbitrator shall be binding and final after 30 days have passed, and judgment upon the arbitrator’s award may thereafter be entered in any court having jurisdiction.

8. Appeal Procedure: As an alternative to seeking relief under Section 6 of this Arbitration Agreement, within 30 days after an award by the arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration service. Excepting for errors of law or legal reasoning, the decision of the panel of three neutral arbitrators will be immediately binding and final.

9. Small Claims Court: Notwithstanding any other provision of this Arbitration Agreement, either you or we shall retain the right to seek adjudication for any Claims in small claims court of any matter within its jurisdiction. Any matter not within the small claims court’s jurisdiction shall be resolved by arbitration as provided above. Any appeal from a small claims court judgment shall be conducted, at the appellant’s option, either: (a) in accordance with the provisions of applicable state law, or (b) in accordance with Section 8 of this Arbitration Agreement.

13. Disclaimer of Warranties; Limitation on Liability.  

    1. Apple Inc. Disclaimer. You acknowledge and agree that (i) these Terms are concluded between you and Saucey only, and not Apple Inc., and (ii) Saucey, not Apple Inc., is solely responsible for the App, which is sourced through Apple’s App Store. Your use of the App must comply with the Apple App Store Terms of Service. You further agree that Apple Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

    2. Warranty Disclaimer. Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.  To the fullest extent permitted by law, the Disclaiming Entities (as defined in Section 13(c)) make no representation or warranty of any kind for the Services, the content, materials, information, or features available through the Services, or for any issues associated with the transmission of information through the Services. Any use of the material or information made available through the Services is at your own risk. We do not warrant that the Services will be uninterrupted, timely, secure or error-free, or that any errors will be corrected. We do not warrant that the result obtained from use of the Services will be accurate or reliable.

    3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL SAUCEY OR ITS PARENT OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION, LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL, USE, DATA, SAVINGS OR OTHER PECUNIARY OR INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE DISCLAIMING ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ALL CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE DISCLAIMING ENTITIES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF, OR WITH REGARD TO, THE SERVICES, WILL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE INTEGRAL TO THE SERVICES AND AMOUNTS CHARGED BY THE DISCLAIMING ENTITIES FOR SERVICES AND THAT IF THE DISCLAIMING ENTITIES WERE TO ASSUME FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN, THE FEES WOULD, OF NECESSITY, BE SUBSTANTIALLY INCREASED.

    4. Special Notice to New Jersey Residents. We intend for these Terms, including the terms of this Section, to be as broad and inclusive as is permitted by the law of the State of New Jersey and that if any portion hereof is held invalid, that the balance shall, notwithstanding, continue in full force and effect. Notwithstanding any language in these Terms to the contrary, we agree that: (i) the limitation on liability will not apply to claims brought by New Jersey consumers for damages caused by our intentional, reckless, or grossly negligent conduct and (ii) the indemnification obligations will not apply to claims caused by our intentional, reckless, or grossly negligent conduct. If one or more other provisions of these Terms are deemed to be illegal or unenforceable under New Jersey law, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable to the fullest extent permitted by law.

14. Indemnity.  You agree to defend, indemnify, and hold harmless the Disclaiming Entities from and against any and all claims, damages, obligations, losses, penalties, fines, liabilities, costs and expenses (including but not limited to attorney’s fees) of any kind arising from or related to: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) any claim alleging that your use of the Services violates, infringes or misappropriates any third party rights; or (iv) any misrepresentations made by you.

15. Notice for California Users.  Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at [email protected].

16. Electronic Signatures and Notices.  Your affirmative act of registering for an account on the Services constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.  You also agree that we may send you notices or other communications in electronic form (e.g., emails, push notifications, banners, etc.). We may send you electronic notices or other communications to the email address(es) that you provide to us, or by posting any notices or other communications on the Services. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery.

17. General Terms.

    1. Severability. If any provision of these Terms is held to be unlawful, void, invalid, or unenforceable, such provision shall be deleted or limited to the minimum extent necessary, and the remaining provisions shall be enforced.

    2. Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

    3. Entire Agreement. These Terms set forth the entire understanding and agreement between you and Saucey with respect to the subject matter hereof. The section titles in these Terms are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

    4. No Third Party Beneficiaries. Nothing expressed or referred to in these Terms will be construed to give any individual or entity other than the parties to these Terms any legal or equitable right, remedy or claim under or with respect to these Terms or any provision of these Terms.

    5. Assignment. You may not assign these Terms or any rights or obligations hereunder without our prior written consent and any such attempted assignment will be null and void.