LAST REVISION: [03/13/2025]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR PARTICIPATING IN PROMOTIONAL OFFERS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, [https://ngupsushi.com] (the "Website"), N-G-Up Sushi, Salads, & More ("Business Name"). This Agreement includes, and incorporates by reference, the policies and guidelines referenced below. N-G-Up Sushi, Salads, & More reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.

I. PROMOTIONAL MARKETING OFFERS

Participation in Promotional Offers: From time to time, N-G-Up Sushi, Salads, & More may offer promotional marketing campaigns, such as a free appetizer for signing up for our e-club. Participation in these offers is voluntary and may require you to provide personal information such as your name, email address, and phone number.

Use of Information for Marketing: By participating in these promotional offers, you agree that N-G-Up Sushi, Salads, & More may use the provided information for ongoing marketing efforts, including but not limited to, email marketing, SMS text messaging, and other digital communications. You will have the opportunity to opt out of receiving these communications at any time.

II. ONLINE ORDERING

Online Ordering via Third-Party Platforms: While this Website may provide information regarding menu items and services, all online orders are processed through third-party platforms such as https://food.google.com, and services such as DoorDash, UberEats, Grubhub, etc. By placing an order through these platforms, you are subject to the terms and conditions of the respective platform.

Third-Party Relationships: N-G-Up Sushi, Salads, & More is not responsible for any aspect of these third-party services, including but not limited to, order fulfillment, payment processing, and customer service. Any inquiries or issues related to orders should be directed to the respective third-party platform.

III. WEBSITE USE

Content; Intellectual Property; Third-Party Links: The content of this Website is protected by intellectual property laws. Unauthorized use may violate these laws. Links to third-party websites are provided solely as a convenience to you and do not constitute an endorsement by N-G-Up Sushi, Salads, & More.

Use of Website: You agree to use the Website responsibly and abide by all applicable laws. You will not use the Website for illegal purposes and will not interfere with or disrupt other users' enjoyment of the Website.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial use of the Website.

Posting: By posting content on the Website, you grant N-G-Up Sushi, Salads, & More a perpetual, worldwide, non-exclusive, royalty-free license to use such content.

IV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. N-G-Up Sushi, Salads, & More DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY LAW. N-G-Up Sushi, Salads, & More WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE.

V. INDEMNIFICATION

You agree to indemnify N-G-Up Sushi, Salads, & More against liabilities arising from your use of the Website.

VI. PRIVACY

Please refer to our Privacy Policy, incorporated by reference herein, for information on how we handle user data.

VI. AGREEMENT TO BE BOUND

By using this Website, you acknowledge that you have read and agree to be bound by this Agreement.

VIII. GENERAL

Force Majeure. N-G-Up Sushi, Salads, & More will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. N-G-Up Sushi, Salads, & More may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and N-G-Up Sushi, Salads, & More and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of N-G-Up Sushi, Salads, & More to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. This Website originates from the Edinburg, TX. This Agreement will be governed by the laws of the State of Texas without regard to its conflict of law principles to the contrary. Neither you nor N-G-Up Sushi, Salads, & More will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Texas. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. N-G-Up Sushi, Salads, & More reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and N-G-Up Sushi, Salads, & More may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, N-G-Up Sushi, Salads, & More reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until N-G-Up Sushi, Salads, & More chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. N-G-Up Sushi, Salads, & More makes no representation that the Website or Products are appropriate or available for use in locations outside the United States of America. Users who access the Website from outside the United States of America do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. N-G-Up Sushi, Salads, & More may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.