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Privacy Policy

Last Updated: April 16, 2024

The Sandwich Club LLC owns and operates an online website and platform that provides users with a community for sharing information, recommendations and services related to caregiving. In this Statement, we refer to these as our "Services".

The information that you and others entrust us with enhances our ability to provide more relevant and helpful Services. We take your trust in us seriously and are committed to providing you with information, products and services based on the information you have shared with us. We are committed to respecting your privacy when you visit our website or use our Services and being transparent about how we use the information you have entrusted to us.

This Statement describes how we obtain, use, and process your information. It informs you of the rights you have, how you can exercise them and how you can contact us. Please review this Statement carefully to learn about our practices with respect to information and privacy. By visiting our websites and related mobile applications, you acknowledge and confirm that you have read this Statement.

We offer our Services to users in a number of countries and territories where the laws and customs differ. This Statement provides a general overview of our privacy practices. In addition, this Statement provides specific information relevant to users residing in certain regions or countries.

1. Information Collected and Processed

When you access or use our Services, we collect and process information from and about you to provide the Services in a more personalized and relevant way. Some information we collect passively (for example, with our servers, cookies or other similar tracking technologies). Some information we collect directly from different sources, including from you, affiliated entities, business partners, and other independent third-party sources. When you use our Services by “clicking-through” from a third-party website or when you visit third-party websites via our Services, those third-party websites may also share information with us about your use of their service. Any information that we receive from third-party websites may be combined with the information provided by you and processed as detailed in this Statement.

Information processed may include the following:

  1. Contact information, including name, phone number, and postal and email addresses (both hashed and unhashed)
  2. Billing and other payment information (such as your bank account information, credit card number, cardholder name, expiration date, authentication code and billing address)
  3. Username and password
  4. Details relating to your membership with The Sandwich Club
  5. Photos, reviews, forum and social posts, and videos you may have provided to us
  6. Device information, such as when you accessed our Services and information about the device used (for example, IP address, software or internet browser used, preferred languages, unique device identifiers, and advertising identifiers)
  7. Other information about yourself that you have voluntarily disclosed
  8. Online activity, including pages you have visited, content reviewed, and apps reviewed
  9. Information about your caregiving activities and persons for whom you provide or intend to provide care, including any information that you provide in order to engage with our Services
  10. Communications with us, such as when you contact our customer service team, including inbound and outbound calls
  11. Information that you have provided to other third-party companies, for example, for the purposes of logging in to social media. This includes publicly available information, such as name, age range as well as email addresses.

2. Information Uses and Purposes

To the extent possible, we want to provide you with relevant content when you use our Services, and we may use information about you to do that in various ways, including to:

  1. Facilitate registration, membership, and other contracts with us
  2. Manage your account, including to allow you access to and use of our Services
  3. Process payments or credits
  4. Offer you promotional programs
  5. Improve our Services
  6. Provide you with a tailored/optimized experience by grouping users based on, for example, usage, interests and demographics
  7. Send you survey, market research invitations, or panel interviews
  8. Notify you about special offers and products or services available from us, our affiliates, or our partners that may be of interest to you
  9. Tailor your experience, including by making inferences about your interests and preferences based on your activity and customize the ads shown to you both on and off our website
  10. Communicate with you or facilitate communication between you and our partners and/or affiliates
  11. Aggregate and analyze anonymized data for internal development and for more effective advertising
  12. Conduct, monitor and record your calls or interactions with us; for example, your communications with our customer service or sales teams, or through our use of pixels and similar technologies to monitor how you interact with our emails to you, such as whether you open or click on content in our emails
  13. Host your reviews, forum posts, photos, videos, and other content
  14. Respond to your questions and comments
  15. Resolve disputes or troubleshoot problems
  16. Prevent fraud and other potentially prohibited or unlawful activities
  17. Comply with relevant laws, respond to legal requests, prevent harm, and protect your or our rights
  18. Provide payment services, including to detect and prevent money laundering, fraud and security incidents
  19. Enforce any applicable terms of service

3. Information Sharing

In order to provide some of our Services and processing activities, we use third-party service providers, including web developers and software developers, and share information with these service providers and certain other third parties, including our group of companies and web developers, as set forth in more detail below. Please note, that while we seek to ensure that your private data's confidentiality and privacy are protected by such third parties, we do not control such third parties and are not responsible for their behavior.

  1. Our Group of Companies. We may share information with certain companies in our corporate family so we can provide you with information about products and services which might interest you, provide payment services or improve your user experience. This sharing also allows us to better understand how you interact with the websites, apps and services of our group companies. These companies will comply with this Statement and all applicable laws governing the transmission of promotional communications.
  2. Suppliers and Business Partners. We may share information with certain suppliers used to facilitate our Services, including to develop and provide technical support to our Services. We may also share information about you, your devices and your use of our Services with our trusted business partners. For example, we may share information so that we can facilitate payment for products or services you may purchase on the websites of our partners.
  3. Social Media Websites. When you use our Services and elect to share information with third-party social media websites, the information you share will be governed by the privacy policies of those social media websites and the privacy settings you have set with those social media websites.
  4. Fraud Detection Companies. Third parties may assist us by providing us with their fraud detection technologies.
  5. Other third parties, such as advertisers and referring websites. Third parties may also assist us in collecting information by, for example, operating features of our website or facilitating the delivery of online advertising tailored to your interests. We may share audience segments and other information, such as hashed email addresses, with third parties that use that information for tailored advertising to you. Other third parties may also provide us with their content and contract generation, management, and hosting tools. Third parties may only collect or access information as needed to perform their permitted functions. If and to the extent these third parties only assist us to perform our processing operations, we have bound them contractually to only act on our behalf as so-called data processors.

We also may share your information if we believe, in our sole discretion, that such disclosure is necessary:

  1. To comply with legitimate and enforceable subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us.
  2. To investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of The Sandwich Club, our customers, or others; and in connection with our Terms of Use and other agreements.
  3. In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

4. Information Choices

You have options with respect to the processing and use of your information by us. You are able to access, update, change preferences regarding, or close your account, but please note that limiting information you share with us may affect the functionality of and your experience with the Services. Regarding your information preferences, you may have the opportunity do the following:

  1. Choose the way in which and whether we communicate with you.
  2. Choose not to provide us with certain information, although it may be needed to take advantage of certain features offered on our websites.
  3. Prevent the collection of certain geolocation information (e.g. by switching off location services for our app in the settings of your phone), but note that turning off location sharing may affect certain features of our Services.
  4. Close your account directly from within your account. Note that if you close your account, we have the right to deactivate your account and remove your profile information from active view. We may retain some information associated with your account for purposes including backups, fraud prevention, dispute resolution, investigations, our own legitimate business interests, and legal compliance for the period necessary to fulfil the purposes outlined in this Statement.
  5. Modify your marketing subscriptions, including email subscription choices, via account settings.
  6. Unsubscribe from promotional messages, including from emails via any such email we send.

5. Information on Children

Our Services are not intended for children, which we consider to be: (i) individuals that are 13 years of age or under, or the age of privacy consent in your jurisdiction; or (ii) when processing data on the basis of a contract, the age of legal capacity to enter into the agreement.

We will only collect or process information belonging to children under very limited circumstances. We might need to collect personal information belonging to children as part of our Services if, for example, the personal information is required as part of a caregiving-related question, recourse, product or service. We will only collect personal information belonging to children if it is provided by and with consent of a parent or guardian. If we become aware that we have processed the personal information of a child without the valid consent of a parent or guardian, we will delete the personal information. By providing personal information concerning a child, you are representing that you are a parent or guardian of that child and have the legal capacity to consent to our processing and use of that information.

6. Information Transfers

We offer our Services to users located in many different jurisdictions. If we transfer your information to other countries, we will use and protect that information as described in this Statement and in accordance with applicable law.

7. Information Security

We have implemented appropriate administrative, technical, and physical security procedures to help protect your information. We only authorize specific personnel to access personal information and they may do so only for permitted business functions. To the extent possible, we use encryption when transmitting your information between your system and ours, and between our system and those of the parties with whom we share information. We may also employ firewalls and intrusion detection systems to help prevent unauthorized access to your information. However, we cannot guarantee the security of information from unauthorized entry or use, hardware or software failure, or other circumstances outside of our control.

8. Information Deletion and Retention

We will retain copies of your information for as long as you maintain your account or as necessary in connection with the purposes set out in this Statement, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise, or defend any legal rights.

9. Information on Statement Changes

We may update this Statement in the future. If we believe any changes are material, we will strive to let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on the website and/or posting an updated Statement on the website. We will note at the top of this Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Statement for the latest information on our privacy practices.

11. Contact

If you have a data privacy request, such as a request to delete or access your data, please contact legal@thesandwichclub.com. For general data privacy inquiries or questions concerning our Privacy Statement, please contact legal@thesandwichclub.com.

12. Territory

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF AMERICA OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT THE LAW OF THE UNITED STATES OF AMERICA GOVERNS ANY SUCH COLLECTION AND PROCESSING.

If you are an individual and reside in the United Kingdom, the European Union, Switzerland, or elsewhere in the European Economic Area (collectively, and for the purposes of this Privacy Statement, the “EEA”), then the General Data Protection Regulation ("GDPR") shall apply to our practices regarding your “Personal Data” and you are considered a “Data Subject” as those terms are defined by the GDPR. For the purposes of the GDPR, we may act as both a data “Controller” and a data “Processor.” Similarly, if you are an individual and reside in California, the California Consumer Privacy Act (“CCPA”) shall apply to our practice regarding your “personal information”, and you are a “consumer”, with certain rights in your personal information and we are a “third party”, as those terms are defined in the CCPA. Personal Data, together with personal information, and all similar information shall be “Personal Information” for the purposes of this Privacy Statement. We will take commercially reasonable steps to maintain compliance with GDPR (including, without limitation, ensuring that all data processing agreements to which we are a party as subject to the appropriate Standard Contractual Clauses) and CCPA requirements.

13. "European Union" Privacy Rights

A. If you currently reside in the EEA, the GDPR applies to your personal information. The GDPR requires that we have a legal basis to process your information and we will process such information under one or more of the following legal bases:

  1. To perform the contract that we are about to enter with you (e.g. our Terms of Use);
  2. Processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
  3. To comply with a legal obligation; and/or
  4. If we have your consent to do so, which you may revoke at any time.

B. Under the GDPR, as a Data Subject you have certain rights. They are:

  1. The right to be informed. This is your right to be informed about what personal information we or our authorized vendors are processing, why, and who else the data may be passed to.
  2. The right of access. This is your right to see what personal data about you is held by us.
  3. The right to rectification. This is the right to have your personal data corrected or amended if what is held is incorrected in some way.
  4. The right to erasure. This is the right to have your personal data to be deleted in the event that such data is no longer required for the purposes it was collected for, your consent for the processing of the data is withdrawn, or the data is being unlawfully processed.
  5. The right to restrict processing. This is the right to ask for a temporary halt to the processing of your personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
  6. The right to data portability. This is the right to ask for your personal data to be provided to you in a structured, commonly used, and machine-readable format.
  7. The right to object. This is the right to object to further processing your personal data if such processing is inconsistent with the primary purposes for which it was collected.
  8. Rights in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The service does not engage in automated decision making and profiling.
  9. You can find instructions for enforcing some of these rights elsewhere in this Statement. Otherwise, if you wish to find out more about these rights, please contact us at legal@thesandwichclub.com.

14. California Privacy Rights

To the extent that the California Consumer Privacy Act ('CCPA') applies to our practices with respect to personal information and you currently reside in California, the CCPA provides California consumers with certain rights.

A. Consumers Rights Under the CCPA

alifornia consumers have the right under the CCPA to request that we disclose personal information we have collected about them in the previous 12 months including, but not limited to, the categories of information collected by us, the source(s) of such information by category, and the purpose for collecting such information. In the previous 12 months, we have collected the following categories of personal information about consumers:

  1. Identifiers. “Identifiers” can be your name, unique personal identifiers (device identifier, IP Address, cookies, beacons, pixel tags, mobile ad identifiers), email, phone number, and similar information;
  2. Personal Information Under the California Customer Records Law (Cal. Civ. Code §1798.80) (“CCRLPI”), which is similar in nature to Identifiers;
  3. Commercial Information. Commercial information includes records of personal property, products or services purchased, obtained or considered, or other purchased or consuming histories or tendencies;
  4. Characteristics of Protected Classifications. This category includes race, national origin, age, and gender;
  5. Internet/Network Activity. Internet Activity Information includes browsing history, cookies, search history and a consumer's interaction with a website; and
  6. Inferences drawn from any other category of personal information

We collect personal information in the above categories only from you for the purposes described in this Statement, and as required to comply with applicable law.

As a California consumer, you also have the right to request that we tell you which of your personal information we have disclosed for a business purpose, or sold, in the previous 12 months. With respect to personal information being disclosed for a business purpose, the consumer shall receive the categories of information disclosed and the types of entities they have been disclosed to. This right may not be exercised more than twice in a 12-month period. For personal information being sold, this includes the categories of information being sold and the categories of third parties to whom it is being sold. In the past 12 months, we have disclosed personal information falling under the following categories of personal information:

  • Identifiers;
  • CCRLPI;
  • Characteristics of Protected Classifications;
  • Commercial Information; and
  • Inferences drawn.

We disclose personal information in the preceding categories to the consumers themselves, to third parties as the consumer may direct, service providers, third parties that we have a business relationship with, potential/actual successors in interest, and government/law enforcement agencies for either the purpose it was provided/provision of Services, to comply with applicable law, or as otherwise described above in this Statement.

IN THE PAST 12 MONTHS WE HAVE NOT SOLD, AND DURING THE PERIOD OF TIME WHICH THIS STATEMENT IS POSTED WE SHALL NOT SELL, THE PERSONAL INFORMATION OF ANY CONSUMER, INCLUDING MINORS UNDER THE AGE OF 16.

Under the CCPA, California consumers have the following rights:

  1. The right to opt out of the processing, selling and sharing of information;
  2. The right to op in (for minors)
  3. The right to data portability
  4. The right to non-discrimination in connection with your exercise of rights under CCPA;
  5. The right to stop us from disclosing your personal data to third parties;
  6. The right to know what personal data has been collected and is being held;
  7. The right to access personal data we have collected and stored;
  8. The right to correct errors in your personal data;
  9. The right to opt out of automated decision-making with respect to your personal data
  10. The right to limit the use of sensitive personal information; and
  11. The right to request deletion of personal data.

The full scope of these rights is set forth under the CCPA and court decisions and regulations interpreting them and may be limited in certain circumstances. For example, the right to deletion may be limited in situations where, for example, only, the data for which deletion is requested is necessary to be maintained for us to comply with applicable laws.

B. How Do you Exercise your rights under the CCPA?

Because we offer the Services exclusively online, you may submit your requests to exercise your rights under the CCPA by emailing us at legal@thesandwichclub.com with “CCPA Request” in the subject line. When submitting a request via email, please indicate which CCPA right you wish to exercise and provide sufficient information to allow us to locate your file.

We will acknowledge receipt of your request within 10 business days of receiving it and will use commercially reasonable efforts to respond within 45 calendar days of receipt of your request, and in no event will our response come more than 90 days after receiving your request. If we are unable to provide our response within the first 45-day window, we shall notify you as soon as we become aware of the possible delay and provide an explanation of why additional time is needed to respond.

Before we respond to any CCPA based requests relating to your personal information, we will take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it's you, or your authorized agent. We do this to avoid disclosing your information to third parties and bad actors, not to inconvenience you in any way. To do this, we will ask the Requestor to confirm at least two pieces of information that we have in our files. As the sensitivity of the information being requested goes up, we will ask the Requestor to confirm more pieces of information. For requests to delete information, after verification, we will confirm your desire to delete one final time before actually deleting the information. If the identity of the Requestor cannot be reasonably verified, then in order to protect you, we shall not disclose the personal information requested.

15. Florida Law

We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time you sign up for an account, (a) your billing address, as provided is located in Florida or (b) the area code for the phone number used create an account is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

16. Washington State Law

To the extent the law is relevant and applicable to the Services, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to State of Washington residents. For purposes of compliance, you agree that we may assume that you are a State of Washington resident if, at the time you create an account with us, the area code for the phone number used to create an account on our Site is a State of Washington area code.

17. Mult-State Privacy Statement for Virginia, Connecticut and Colorado

This Multi-State Privacy Statement is provided pursuant to applicable state laws and applies to Virginia, Connecticut, and Colorado residents, and supplements our overall Statement with additional disclosures and rights.

If you are a resident of Virginia, Connecticut, or Colorado you may take advantage of the following rights in accordance with applicable law:

  1. You can request to confirm whether we process your personal information. Subject to certain exceptions, you can also request a copy of your personal information you provided to us.
  2. You can request that we delete personal information we have about you.
  3. You can request that we correct inaccurate personal information we maintain about you.
  4. You can request to opt out of the sale of your personal information to a third party.
  5. We may display advertisements to you where the ad was selected based on personal information obtained from (or in some instances inferred) from your activities over time and across unaffiliated websites or online applications to predict your preferences or interests. To the extent permitted by law, you can request that we stop using your personal information for such targeted advertising by contacting legal@thesandwichclub.com.

To take advantage of any of these rights, please contact us here legal@thesandwichclub.com. Note that Connecticut and Colorado residents may designate an authorized agent to request on their behalf that we stop selling or processing their personal information for targeted advertising purposes. We will take reasonable steps to authenticate your identity prior to responding to your requests. The authentication process will vary depending on the sensitivity of the personal information and whether you have an account with us. We will use commercially reasonable efforts to authenticate the identity of authorized agents and their authority to submit requests on your behalf.

We may deny certain requests, or fulfil a request only in part, based on our legal rights and obligations.

If you have any questions about this Statement or any other applicable terms, policies or agreements related thereto, please contact us at legal@thesandwichclub.com.

Terms and Agreements

Last Updated: April 16, 2024

These Terms of Use (as amended from time to time, “Terms” or “TOU”) govern your use of The Sandwich Club. When you access or use The Sandwich Club, you agree to be bound by these TOU, including agreeing to not engage in misinformation, racist behavior, discrimination or personal attacks, including against sexual orientation, gender identity, religion, beliefs, or caregiving style. If you do not find The Sandwich Club's TOU shared below are acceptable, you should not access or use The Sandwich Club or its services.

IMPORTANT: The Sandwich Club LLC and its affiliates and subsidiaries (collectively, "The Sandwich Club", “us”, “we” or “our”) operate this website (the "Site") and services, products and platforms related to or offered on the Site (hereinafter, the "Services"). The Sandwich Club's Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site. These Terms of Use (“TOU”) govern your use of the Site and Services that are provided by The Sandwich Club.

Please read this agreement carefully before accessing or using the Site or Services. Each time you access or use the Site or Services, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not access or use the Site or Services. In addition, certain areas of the Site or Services may be subject to additional terms of service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

  1. The Site and Services are for Informational Purposes Only.

    The Site and Services may offer health and caregiving related information designed only for non-commercial, informational purposes and for no other purpose. YOU SHOULD NOT RELY ON ANY INFORMATION PROVIDED BY THE SITE OR SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE HEALTH OF ANOTHER PERSON OR THE CONTENT OF THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM A HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. Developments in medical research may impact the health, fitness, nutrition and other medical care or caregiving topics discussed on the Site or through the Services and no assurance can be given that the information contained in the Site or the Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site, you do so solely at your own risk.

  2. User Obligations.

    You agree to abide by all applicable local, state, national, and international laws and regulations, with respect to your use of the Site and Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from a Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, The Sandwich Club is not responsible for the security of any information transmitted to or from the Site. The Sandwich Club reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

  3. License Grant and Ownership.

    These TOU provide you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. We and our licensors own all right, title and interest in and to the Sites and Services including all related intellectual property rights. All of our rights not expressly granted by us to you pursuant to these Terms are retained by us or our licensors.

  4. Use of Services; Fees.

    The Services may be made available via registration, a signed agreement, an order form or via account sign-up and may be for a fee or made available at no fee. If you enter into a signed agreement with us (including via electronic submission or payment), in the event of any conflict between the terms of the signed agreement and these TOU, the terms of the signed agreement will prevail with respect to the term in conflict. Please note that if any Services are provided for free, including reports, information or other content, such Services are provided for internal business or personal purposes only and are not provided for commercial purposes. You are not permitted to commercialize or monetize such Services in any way without our express prior written consent.

    Further, if any Services are provided for free, we reserve the right to make those Services, updates, upgrades, new versions, or other products that incorporate those Services (collectively, “Future Products”) available for a fee, and we will have no obligation to provide Future Products to you for free. Future Products may also be subject to separate fees and/or agreements for such Future Products. You acknowledge that you are responsible for all fees and expenses related to accessing or using the Services.

  5. Prohibited Activities.

    The Site and the Services are not intended for children under the age of 13 (or applicable age of maturity in your country), and children under 13 (or applicable age of maturity in your country) should not use the Site or the Services. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are the sole property of The Sandwich Club or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:

    1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, or services obtained through the Sites or the Services;
    2. Use any robot, spider, site search and/or retrieval application, or other devices to crawl, scrape, database scrape, screen scrape, harvest, gather, extract, retrieve or index any portion of the Services;
    3. Use any text, code, image, audio, or other content from any portion of the Services (a) for data set creation, analysis, or manipulation (including activities sometimes called “data mining,” “text and data mining,” or “TDM”) and/or (b) in connection with the development or operation of any software program, including but not limited to any artificial intelligence or machine learning model, software, or process (such as training, fine-tuning, embedding, and the like), either directly or indirectly, including through a third-party (including use of a third-party dataset created in any part by prohibited means);
    4. Post or transmit any material that contains a virus or corrupted data;
    5. Delete any author attributions, legal notices or proprietary designations or labels;
    6. Violate any applicable local, state, national or international law, rule or regulation or use the Sites and/or the Services for any purpose that is prohibited by these TOU;
    7. Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
    8. Register, subscribe or unsubscribe any party for any The Sandwich Club product or service if you are not expressly authorized by such party to do so;
    9. Use the Site or the Services in any manner that could damage, disable, overburden or impair The Sandwich Club's servers or networks or interfere with any other user's use and enjoyment of the Sites and/or the Services;
    10. Gain or attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to The Sandwich Club through hacking, password mining or any other means;
    11. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services or harvest or otherwise collect information about other users without their consent;
    12. Use the sites in any manner that could damage, disparage, or otherwise negatively impact The Sandwich Club In addition, you agree to comply with our Posting Guidelines below.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY THE SANDWICH CLUB TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Content Sharing Guidelines, Including No Racism, No Discrimination, No Medical Misinformation.

The Sandwich Club hosts message boards, chats and other public forums on its Sites and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers of the Sites. These are public forums and any information that you post on the Site or through the Services may be seen by anyone with access to the applicable Site or Service. When posting information on the Site or through the Services, you will exercise good judgment and demonstrate integrity when discussing sensitive topics and will treat others with respect and honesty, be fair and informative, and post only honest and valuable information. You agree that you will not post or engage in rumors or other misinformation or imply that any such misinformation is based in fact. Unless the information in your post arises directly from your personal experience, references to or sources of any health-related or medical information you provide must be included in your post.

In addition to the guidelines and prohibited activities described above, when posting information and media on the Site or through the Services you must not:

  1. Post anything that interferes with or disrupts the Sites or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network or the Sites;
  2. Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others;
  3. Post statements or materials that are knowingly false or are intended to or may deceive others;
  4. Post statements or materials that violate other contractual or fiduciary rights, duties or agreements;
  5. Post or upload personal information, pictures, videos or any other media of another person without their express permission;
  6. Delete or revise any material posted by any other person or entity;
  7. Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person;
  8. Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  9. Post statements or materials that in any way harm minors;
  10. Post statements or materials that impersonate any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of The Sandwich Club;
  11. Post statements or materials that misrepresent your affiliation with any entity and/or The Sandwich Club;
  12. Post anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or any trade secrets or information for which you have any obligation of confidentiality;
  13. Post statements or materials that constitute junk mail, spam or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services or any political campaigning;
  14. Post material that in the sole judgment of The Sandwich Club is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Site, or which may expose The Sandwich Club or its users to harm or liability of any nature; or
  15. Post material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available, without the express permission of the owner of the copyright, trademark or other proprietary right. The Sandwich Club does not have any express burden of responsibility to provide any user with indications, markings or anything else that may aid any user in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting for infringements of copyrights, trademarks, proprietary rights or any other harm resulting from such submission.

Any user failing to comply with these guidelines may be expelled from and refused continued access to the message boards, chats or any or all portion of the Services. The Sandwich Club or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded via the Services may be subject to size and usage limitations. You are responsible for adhering to such limitations. The Sandwich Club expressly disclaims all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, and we will not be responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will The Sandwich Club or our affiliates, suppliers or agents be liable for any loss or damage caused by your and any other person's reliance on information obtained through the Services. The opinions expressed by users of the Services are solely the opinions of such participants, and do not reflect the opinions of The Sandwich Club or any of its subsidiaries or affiliates. The Sandwich Club has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion. Unless otherwise stated, any moderators employed by The Sandwich Club are not medical professionals and should not be construed as such. Our moderators reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors. In addition, The Sandwich Club and The Sandwich Club's moderators reserve the right to contact users to inform them of policies, hide users' posts or delete users' accounts without warning or notice in advance, for any reason, including but not limited to the violation of these Terms. By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submission Materials"), or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you. The foregoing license to The Sandwich Club shall be fully paid-up and royalty free. You represent and warrant that any person or entity named or pictured in such Submission Material has provided any necessary licenses, rights or authorizations to allow The Sandwich Club's use of such Submission Materials in accordance with such license. None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution or otherwise.

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties, including information providers and other users of the Site or Services, are those of the respective authors or distributors and not The Sandwich Club. Neither The Sandwich Club nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, The Sandwich Club is not responsible for the accuracy and reliability of any opinion, advice or statement made on any of the Site or Services by anyone other than an authorized The Sandwich Club representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates our policies or is otherwise offensive. You access the Site and Services at your own risk. We take no responsibility for your exposure to third party content on the Site or the Services. The Sandwich Club does not assume, and expressly disclaims, any liability relating to information provided on or omitted from our Site or Services. It is understood and agreed that we do not advocate or endorse the use of any product or procedure described in the Sites or through the Services, nor are we responsible for misuse of a product or procedure in any manner.

Accounts, Passwords and Security.

If any of the Site or Services require you to open an account, you must complete the registration process by providing The Sandwich Club with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to The Sandwich Club which is untrue, inaccurate, not current or incomplete, The Sandwich Club reserves the right to terminate your access and use of the Site and/or the Services. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify The Sandwich Club immediately of any unauthorized use of your account or any other breach of security. The Sandwich Club will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by The Sandwich Club or another party due to someone else using your account or password.

Third Party Sites.

There may be come links on the Site and/or Services that will let you leave the Site or Service you are accessing in order to access a third party site (the "Third-Party Sites"). The Sandwich Club provides these links as a convenience, but we neither control nor endorse these Third-Party Sites, nor has The Sandwich Club reviewed or approved the content which appears on the Third-Party Sites. The Sandwich Club is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Third-Party Sites. You acknowledge and agree that The Sandwich Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Third-Party Sites.

Dealings with Third Parties.

Your participation, correspondence or business dealings with any third party found on or through our Site and Services, including, without limitation, advertisers and other users, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The Sandwich Club shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

The Sandwich Club's privacy statement with respect to the collection and use of your personally identifiable information is set forth at thesandwichclub.com/legal and is incorporated by reference into these TOU. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY STATEMENT.

Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SANDWICH CLUB AND OUR AFFILIATES, SUPPLIERS, REPRESENTATIVES, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SITES OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, GUIDANCE, HOME REMEDIES, ACTION OR APPLICATION OF MEDICINE, OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES OR THE SERVICES. BY USING THE SERVICES, YOU CONSENT TO THE SELECTED COMMUNICATIONS CHANNELS YOU CHOOSE TO USE AND TO THE PROVIDER OF SUCH SERVICES. SUCH CONSENT INCLUDES YOUR AUTHORIZATION FOR THE SELECTED SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF CERTAIN REMOTE-ACCESS COMMUNICATION FEATURES AND/OR FUNCTIONALITY INCLUDING, BUT NOT LIMITED TO, VIDEO, TEXT, AND/OR AUDIO, REPORTS, INFORMATION AND RECORDS FOR DELIVERING THE SELECTED SERVICES IN COMPLIANCE WITH APPLICABLE LAW.

Limitation of Liability.

NEITHER THE SANDWICH CLUB NOR ITS AFFILIATES AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE SANDWICH CLUB TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITES AND/OR SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification.

You agree to indemnify, defend and hold The Sandwich Club and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, actions, suits, proceedings, demands, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or the Services.

Termination.

You agree that The Sandwich Club, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. If any fees remain due for your Services, you will remain responsible for payment of all fees for Services provided through the termination date or, if applicable, covering the remainder of then-current term of Services after the effective termination date. Fees are non-refundable and non-cancelable based on the Services for which you subscribed or ordered.

Governing Law.

These TOU and the relationship between you and The Sandwich Club shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and The Sandwich Club irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Dispute Resolution.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section 17 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these TOU, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of our Services, including receipt of any advertising, marketing, or other communications from us; (iii) any transactions through, by, or using our Service; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to these TOU.

If you are a new user, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at legal@thesandwichclub.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these TOU, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at legal@thesandwichclub.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. county where you live or New York, New York, unless you and we agree otherwise. If you are using our Services for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using our Services for non-commercial purposes: (a) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (b) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (c) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these TOU, or any provision of these TOU, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

NOTHING IN THIS SECTION WILL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY, OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

IF THIS ARBITRATION AGREEMENT IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION, IN WHOLE OR IN PART, SHALL BE SEVERED. SEVERANCE OF THE VOID, UNENFORCEABLE, OR UNLAWFUL PROVISION, IN WHOLE OR IN PART, SHALL HAVE NO IMPACT ON THE REMAINING PROVISIONS OF THE ARBITRATION AGREEMENT, WHICH SHALL REMAIN IN FORCE, OR THE PARTIES' ABILITY TO COMPEL ARBITRATION OF ANY REMAINING CLAIMS ON AN INDIVIDUAL BASIS PURSUANT TO THE ARBITRATION AGREEMENT. NOTWITHSTANDING THE FOREGOING, IF THE CLASS ACTION/JURY TRIAL WAIVER IS FOUND TO BE VOID, UNENFORCEABLE, OR UNLAWFUL, IN WHOLE OR IN PART, BECAUSE IT WOULD PREVENT YOU FROM SEEKING PUBLIC INJUNCTIVE RELIEF, THEN ANY DISPUTE REGARDING THE ENTITLEMENT TO SUCH RELIEF (AND ONLY THAT RELIEF) MUST BE SEVERED FROM ARBITRATION AND MAY BE LITIGATED IN A CIVIL COURT OF COMPETENT JURISDICTION. ALL OTHER CLAIMS FOR RELIEF SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT SHALL BE ARBITRATED UNDER ITS TERMS, AND THE PARTIES AGREE THAT LITIGATION OF ANY DISPUTE REGARDING THE ENTITLEMENT TO PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING THE OUTCOME OF ANY INDIVIDUAL CLAIMS IN ARBITRATION.

CLASS ACTION AND JURY TRIAL WAIVER

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TOU, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING

FEEDBACK

We welcome your feedback. If you provide recommendations, suggestions, improvements or other feedback (collectively, “Feedback”), you agree that we will have a license and royalty-fee free, worldwide perpetual and irrevocable right to use and incorporate such Feedback into the Services without restriction and without any obligation or compensation to you or any third party.

GENERAL

International Users. The Services are intended for visitors located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is strictly prohibited.

Revisions to the Terms. We may revise the Terms from time to time in our sole discretion. The current version of the Terms will be posted on our Terms of Use page, so please check back regularly. By continuing to use the Services after revisions become effective, you are agreeing to the revised Terms. If you do not agree to the revised Terms, please cease use of the Services.

Notices. Except as otherwise set forth herein, all notices under these Terms will be by email or provided by us by way of the Services or via the Site. All notices to us should be sent to legal@thesandwichclub.com or any other notice method provided to you by us. Notices will be deemed to have been duly given the same day in the case of notices provided by us by way of email, the Site or the Services

Waiver and Severability. The failure of The Sandwich Club to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

Successors and Assigns. We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If The Sandwich Club, its equity or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.

No Third-Party Beneficiary. No person other than the parties hereto will be entitled to any of the benefits of these Terms or be deemed to acquire any rights hereunder.

Export Compliance. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You represent that you are not named on any U.S. government denied-party list. You shall not use the Services in violation of any U.S. export law or regulation.

Force Majeure. Neither party shall be liable under these Terms by reason of any failure or delay in the performance of its obligations here under on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, pandemic, or any other cause beyond the reasonable control of such Party; provided, that:  (i) the party affected by such force majeure event, as soon as reasonably practicable after obtaining knowledge of the occurrence of such event, gives the other prompt notice describing the event; (ii) the suspension of or extension of time for performance is of no greater scope and of no longer duration than is required by the force majeure event; and (iii) the party affected by such force majeure event uses all reasonable efforts to mitigate or remedy its inability to perform as soon as reasonably possible.

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

Entire Agreement. These TOU set forth the entire and final agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No terms or conditions in you purchase order, or other online or clickthrough terms provided by you, or any other order documentation provided by you will be incorporated into or form any part of these Terms, and all such terms or conditions will be null and void.

If you have any questions about these TOU or any other applicable terms, policies or agreements related thereto, please contact us at legal@thesandwichclub.com.