Terms of Service

Effective Date: 11/11/2025

Last Updated: 11/11/2025

Welcome to Cheers Stadium. These Terms of Service ("Terms") govern your use of the Cheers Stadium mobile application and smart locker food ordering system (collectively, the "Service") operated by Cheers LLC ("we," "us," or "our"). By using our Service, you agree to these Terms.

1. Service Description

Cheers Stadium provides a mobile food ordering platform that allows customers to:

• Browse menus from participating stadium vendors
• Place and pay for food orders
• Receive SMS text message notifications about order status
• Retrieve orders from smart lockers located within stadium venues

2. SMS Text Messaging Program

2.1 Consent to Receive SMS Messages

By providing your mobile phone number and placing an order through Cheers Stadium, you expressly consent to receive transactional SMS text messages from us regarding your order. These messages may include:

• Order confirmation with a link to your order receipt
• Order status updates
• Notification when your order is ready for pickup
• Link to the order retrieval page to open your smart locker
• Important service-related notifications

2.2 Message Frequency

You will receive approximately 2-4 text messages per order. Message frequency varies depending on your order activity and status updates.

2.3 Message and Data Rates

Message and data rates may apply. You are responsible for any charges from your mobile carrier. Please contact your mobile service provider for pricing plans and details.

2.4 Supported Carriers

Our SMS service is available on all major U.S. carriers including AT&T, Verizon, T-Mobile, Sprint, and others. Service availability may vary by carrier and location.

2.5 Opt-Out Instructions

You may opt out of receiving SMS messages at any time by:

• Replying STOP to any text message you receive from us
• Contacting us at the information provided below

Please note that opting out of SMS notifications may impact your ability to receive timely updates about your order status and locker access.

2.6 Help and Support

For help with SMS messages, reply HELP to any text message you receive from us, or contact our customer support.

2.7 Privacy

We will not share your phone number with third parties for marketing purposes. Your information is handled in accordance with our Privacy Policy.

3. Eligibility

You must be at least 13 years old to use our Service. If you are under 18, you must have permission from a parent or guardian. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Ordering and Payment

4.1 Order Process

When you place an order through Cheers Stadium:

• You select items from a participating vendor's menu
• You provide your mobile phone number for order notifications
• You authorize payment using a valid credit card, debit card, or Apple Pay
• We authorize (but do not immediately charge) your payment method
• Your order is sent to the vendor for preparation
• You receive SMS notifications about your order status

4.2 Payment Authorization and Capture

When you place an order, we authorize your payment method for the full order amount. Your payment method will not be charged until the vendor marks your order as fulfilled. If your order is cancelled before fulfillment, the authorization will be released, and you will not be charged.

4.3 Payment Methods

We accept the following payment methods:

• Credit cards (Visa, Mastercard, American Express, Discover)
• Debit cards
• Apple Pay

All payment processing is handled securely through Stripe. We do not store your complete payment card information on our servers.

4.4 Authorization Hold Period

Payment authorizations are valid for up to 7 days. Orders must be fulfilled within this period, or the authorization may expire. If an authorization expires before fulfillment, we may need to cancel your order or request new payment authorization.

4.5 Pricing and Taxes

All prices are set by individual vendors and displayed in U.S. dollars. Prices include applicable sales taxes. Vendors reserve the right to change prices at any time, but you will be charged the price displayed when you placed your order.

4.6 Order Confirmation

You will receive an order confirmation via SMS text message with a link to your order receipt. This confirmation does not constitute acceptance of your order. Your order is accepted when the vendor begins preparation.

5. Order Fulfillment and Pickup

5.1 Order Preparation

Vendors typically fulfill orders within minutes of receipt. Preparation times may vary based on order complexity, vendor capacity, and venue conditions.

5.2 Ready for Pickup Notification

When your order is ready, you will receive an SMS text message with:

• Notification that your order is ready
• Your locker number and location
• A link to the order retrieval page

5.3 Smart Locker Retrieval

To retrieve your order:

• Click the link in your SMS message to access the order retrieval page
• Press the button on the retrieval page to open your assigned smart locker
• Remove your order from the locker
• Close the locker door securely

5.4 Pickup Time Limits

Orders must be retrieved within 30 minutes of the ready-for-pickup notification. After this time, we cannot guarantee food quality or temperature. Unclaimed orders may be discarded, and no refund will be provided.

5.5 Food Safety

You are responsible for retrieving your order in a timely manner. We are not liable for food quality, temperature, or safety issues resulting from delayed pickup.

6. Cancellations and Refunds

6.1 Customer Cancellations

You may cancel your order before the vendor begins preparation by contacting customer support immediately. If cancellation is approved before vendor preparation begins, your payment authorization will be released, and you will not be charged.

6.2 Vendor Cancellations

Vendors reserve the right to cancel orders due to:

• Unavailable menu items
• Technical issues
• Capacity limitations
• Other operational reasons

If a vendor cancels your order, your payment authorization will be released, and you will not be charged.

6.3 Refunds

Refunds may be issued in the following circumstances:

• Order cancelled before preparation begins
• Order not prepared or not available for pickup
• Incorrect items delivered
• Food quality issues verified by vendor

Refund requests must be submitted within 24 hours of order placement. Refunds are processed to the original payment method within 5-10 business days.

6.4 No Refunds

No refunds will be provided for:

• Change of mind after vendor preparation begins
• Orders not retrieved within the pickup time limit
• Customer dissatisfaction with taste or portion size (unless food quality issue)
• Inability to access the smart locker due to user error

7. Smart Locker Usage

7.1 Locker Access

Smart lockers are accessed exclusively through the link provided in your SMS notification. Do not attempt to force open or tamper with lockers.

7.2 Locker Malfunction

If you experience issues accessing your locker, contact customer support immediately through the phone number provided in your SMS message. Do not leave the locker area without contacting support.

7.3 Responsibility for Contents

Once you open the locker, you are responsible for the contents. We are not liable for orders left in open lockers or removed by unauthorized individuals.

8. User Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to our systems, servers, or smart lockers
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scripts) to access the Service
• Provide false or misleading information
• Attempt to defraud vendors or the Service
• Resell or transfer orders to third parties
• Abuse, harass, or threaten vendors or staff

9. Intellectual Property

The Cheers Stadium Service, including all content, features, functionality, software, and design, is owned by Cheers LLC and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written permission.

10. Third-Party Services

10.1 Payment Processing

Payment processing services are provided by Stripe. By using our Service, you agree to be bound by Stripe's Services Agreement and Privacy Policy.

10.2 SMS Service Provider

SMS messaging services are provided by Twilio. Message delivery is subject to your mobile carrier's network availability and policies.

10.3 Vendor Relationship

Cheers Stadium acts as a platform connecting you with independent food vendors. We are not responsible for food preparation, food safety, or food quality. Vendors are independent businesses responsible for their products.

11. Disclaimers and Limitation of Liability

11.1 Service "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee of Availability

We do not guarantee that the Service will be available at all times, uninterrupted, secure, or error-free. Smart locker availability depends on venue operations and technical functionality.

11.3 Food Safety Disclaimer

WE ARE NOT RESPONSIBLE FOR FOOD PREPARATION, FOOD SAFETY, ALLERGEN INFORMATION, OR FOOD QUALITY. All food-related questions and concerns should be directed to the vendor. If you have food allergies or dietary restrictions, you are responsible for communicating directly with vendors.

11.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Cheers LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your use or inability to use the Service
• Food quality, safety, or preparation issues
• Unauthorized access to or alteration of your transmissions or data
• Smart locker malfunction or inability to access lockers
• Delays in SMS message delivery
• Any conduct or content of third parties, including vendors

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS LESS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Cheers LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any disputes with vendors

13. Modification of Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

14. Modification or Termination of Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, conducted in Sussex, Delaware. You waive any right to a jury trial.

15.3 Class Action Waiver

You agree to bring claims against us only in your individual capacity and not as part of any class or representative action.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cheers LLC regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

Acknowledgment: By using Cheers Stadium, you acknowledge that you have read these Terms of Service and agree to be bound by them.