Terms of Use

    Terms of Use

    Last updated: February 3, 2025

    Introduction

    Welcome and thank you for your interest in Ex Nihil LP (“we,” “us,” or “our”) and our website at https://www.mmh.co, along with our related websites, applications, and services provided by us (collectively, the “Site”). These Terms of Use constitute a legally binding agreement between you and us regarding your use of the Site.

    PLEASE READ THE FOLLOWING TERMS CAREFULLY.

    BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR USE OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

    If you do not agree to these Terms, you do not have permission to use the Site.

    1. Overview

    The Site provides information about our restaurants, menus, and services. You can find details about our offerings and links to our partners for services such as online ordering.

    2. Not a Restaurant

    This website is not a food preparation entity. Our restaurants operate independently and are responsible for compliance with all applicable laws, including food safety and preparation standards. We do not guarantee the quality of food served by our restaurants.

    3. Eligibility

    You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) your use of the Site complies with all applicable laws and regulations.

    4. Promotions and Offers

    We may offer promotions or loyalty programs through our restaurants. These promotions are not managed by us, and we disclaim any liability related to them. Rewards or benefits received are not redeemable for cash.

    5. Authorization to Use; Restrictions

    Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. You may not reproduce, modify, or interfere with the Site in any way.

    6. Ownership; Proprietary Rights

    The Site is owned and operated by Ex Nihil LP. All visual interfaces, graphics, designs, text, compilations, information, data, and computer code (including both source and object code), is protected by intellectual property laws. You may not use any content from the Site without our express written permission.

    7. Changes to Terms

    We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the date at the top of these Terms. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. In the event of material changes to these Terms, Ex Nihil LP will notify users via email or a prominent notification on the Site. Continued use of the Site following any material modification constitutes acceptance of the modified Terms.

    8. Third Party Terms, Services, and Linked Websites

    Ex Nihil LP may provide tools on our website that allow you to export information to third-party services. By using these tools, you consent to the transfer of that information to the applicable third-party service. We do not control third-party services and, to the fullest extent permitted by law, are not responsible for how these services use your exported information. Our website may also contain links to third-party websites, which are not controlled by Ex Nihil LP, and we are not responsible for their content. Ex Nihil LP disclaims all liability for damages arising from user interactions or transactions conducted on third-party websites linked or accessible through the Site. Any third-party content, services, or promotions are outside Ex Nihil LP’s control and are engaged at the user’s risk.

    9. Prohibited Conduct

    By using our website, you agree not to:

    • Use the website for illegal purposes or in violation of any laws.
    • Infringe or encourage others to infringe any third-party rights.
    • Interfere with security features of the website, including by disabling features that limit content usage or attempting to discover the source code of any part of the website, except as permitted by law.
    • Disrupt the operation of the website or user experience, including by: (i) uploading malware; (ii) sending unsolicited advertisements; (iii) collecting personal information without consent; or (iv) disrupting networks or servers connected to the website.
    • Engage in fraudulent activities, including impersonation or unauthorized account access.
    • Sell or transfer access granted under these Terms or any materials.
    • Assist or permit anyone to engage in any of the prohibited activities described above.

    Ex Nihil LP reserves the right to suspend or terminate user access to the Site, at its sole discretion, for any violation of these Terms, including but not limited to prohibited conduct or interference with site operations. Ex Nihil LP may report illegal activities to law enforcement authorities as required. Ex Nihil LP reserves the right to remove, restrict, or disable access to any user content that violates these Terms or is otherwise deemed inappropriate. Users acknowledge and accept that Ex Nihil LP may exercise these rights at its sole discretion without prior notice.

    10. Digital Millennium Copyright Act

    We comply with the Digital Millennium Copyright Act (17 U.S.C. §512). For more information regarding our DMCA Policy, please refer to our Privacy Policy, which is incorporated into these Terms by reference.

    11. Modification of Terms

    We reserve the right to modify these Terms at any time. Please check these Terms periodically for updates. If a modification materially changes your rights or obligations, we may require you to accept the modified Terms to continue using the website. Material changes take effect upon acceptance; immaterial changes take effect upon publication. These Terms can only be amended through a written agreement signed by authorized representatives of both parties. Disputes will be resolved based on the version of these Terms in effect at the time the dispute arose.

    12. Term, Termination, and Modification of the Website

    12.1. Term

    These Terms take effect when you accept them or first make a purchase, access, or use the website, and continue until terminated as described in Section 13.2.

    12.2. Termination

    If you violate any provision of these Terms, your authorization to access the website will automatically terminate. Additionally, we may terminate these Terms or suspend your access to the website at our sole discretion, for any reason or no reason, with or without notice. If you have accounts with third-party applications, you should refer to their respective terms and conditions for account termination.

    12.3. Effect of Termination

    Upon termination of these Terms:

    • Your license rights will terminate, and you must immediately cease all use of the website.
    • You will no longer have access to the website.

    12.4. Modification of the Website

    We reserve the right to modify or discontinue the website at any time, including limiting or discontinuing certain features, temporarily or permanently, without notice. We will not be liable for any changes to the website or any suspension or termination of your access to or use of the website.

    13. Indemnity

    To the fullest extent permitted by law, you are responsible for your use of the website. You will defend and indemnify us and our officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "we Entities") against any claims brought by third parties and any related liability, damage, loss, or expense, including reasonable attorneys' fees, arising from:

    • Your unauthorized or improper use of the website.
    • Your violation of any part of these Terms or applicable law.
    • Your violation of any third-party rights, including intellectual property or privacy rights.
    • Any dispute or issue between you and any third party.

    We reserve the right, at our own expense, to assume exclusive defense and control over any matter subject to indemnification by you. In such cases, you agree to cooperate with us in defending those claims. You further agree to indemnify Ex Nihil LP for any liabilities arising from user-generated content on the Site or from your interactions with any third-party service linked or accessed through our Site. This includes, without limitation, liabilities for intellectual property infringement or breaches of privacy rights that occur from content or interactions through the Site.

    14. Disclaimers; No Warranties

    You are solely responsible for, and assume all risks associated with, the proper handling, preparation, storage, use, and consumption of the products purchased through the website. You are also responsible for knowing about any food allergies and verifying product contents before handling, preparing, using, or consuming them. We disclaim all responsibility for the food products purchased through the website, for any delivery services or other services provided by restaurants or delivery partners, and for any promotions or rewards programs.

    The website and all materials and content available through it are provided "as is" and on an "as available" basis. We disclaim all warranties of any kind, whether express or implied, including:

    • Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
    • Any warranty arising from course of dealing, usage, or trade.

    We do not warrant that the website or any portion of it, or any materials or content offered, will be uninterrupted, secure, or free of errors, viruses, or other harmful components. Additionally, we do not guarantee that any issues will be corrected.

    No advice or information, whether oral or written, obtained by you from the website or our entities will create any warranty regarding us or the website that is not expressly stated in these Terms. We are not responsible for any damage resulting from your dealings with other website users. You understand and agree that you use any portion of the website at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device) or any loss of data, including user content.

    To the fullest extent permitted by law, Ex Nihil LP disclaims liability for any unauthorized access, theft, or unauthorized use of user data. Users acknowledge that while Ex Nihil LP employs reasonable security measures, no website can be entirely immune from cyber threats or data breaches.

    The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law. We do not disclaim any warranty or right that we are prohibited from disclaiming under applicable law.

    15. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Ex Nihil LP BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    EXCEPT AS REQUIRED BY LAW, THE AGGREGATE LIABILITY OF OUR HOSPITALITY GROUP TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OUR WEBSITE OR UNDER THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID US FOR ACCESS TO AND USE OF OUR SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; AND (B) $100.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY IS INTENDED TO ALLOCATE THE RISKS BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN STATE LAWS MAY NOT PERMIT EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH CASES, THE LIMITATIONS HEREIN SHALL APPLY ONLY TO THE EXTENT ALLOWED BY LAW.

    16. Dispute Resolution and Arbitration

    16.1. Generally

    In the interest of resolving disputes between you and our hospitality group efficiently, we agree that any dispute arising in connection with these Terms will be resolved through binding arbitration. Arbitration is less formal than a lawsuit and uses a neutral arbitrator instead of a judge or jury. This agreement to arbitrate includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, or any other legal theory.

    YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND OUR HOSPITALITY GROUP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    16.2. Exceptions

    Despite the provisions of Section 17.1, nothing in these Terms will waive, preclude, or limit either party's right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through applicable federal, state, or local agencies; or (c) seek injunctive relief in a court of law.

    16.3. Opt-Out

    If you do not wish to resolve disputes by binding arbitration, you may opt out within 30 days after agreeing to these Terms by sending a letter to our hospitality group at the address provided, specifying your full legal name and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Upon receipt of your Opt-Out Notice, this Section will be void, and any action arising out of these Terms will be resolved in accordance with Section 17.2.

    16.4. Arbitrator

    Any arbitration will be conducted under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The AAA Rules and filing forms are available online.

    16.5. Notice of Arbitration; Process

    A party intending to seek arbitration must first send a written notice of the dispute to the other party by certified mail or, if a physical address is not available, by email. The notice must describe the nature and basis of the claim or dispute and specify the relief sought. The parties will attempt to resolve the dispute directly before proceeding to arbitration.

    16.6. Fees

    If you commence arbitration in accordance with these Terms, we will reimburse you for your filing fee, unless your claim exceeds $10,000. The location of any arbitration hearing will be agreed upon in our local area, but for claims of $10,000 or less, you may choose how the arbitration is conducted.

    16.7. No Class Actions

    YOU AND EX NIHIL LP AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION.

    16.8. Modifications

    If any changes are made to this arbitration provision, you may reject the change by sending written notice within 30 days of the change, which will terminate your account, and the prior arbitration provision will remain in effect.

    16.9. Enforceability

    If any part of this arbitration agreement is found unenforceable, the remaining provisions will remain in effect. Any issues that cannot be arbitrated will be resolved in accordance with the jurisdictional provisions herein.

    17. Miscellaneous

    17.1. General Terms

    These Terms, along with the Privacy Policy, any applicable Copyright Policy, and other agreements expressly incorporated by reference, represent the complete and exclusive agreement between you and our hospitality group regarding your use of our website. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to enforce any provision does not affect our right to enforce it at a later time. Section headers in these Terms are for convenience only and do not impact the interpretation of any provision. The term “including” means “including but not limited to.” If any part of these Terms is deemed invalid or unenforceable, the remaining parts will continue in full force and effect.

    17.2. Governing Law

    These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You and our hospitality group submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, County of Los Angeles, California for the resolution of any legal proceedings permitted under these Terms.

    17.3. Privacy Policy

    Please read our Privacy Policy carefully for information regarding our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by reference and is part of these Terms.

    17.4. Additional Terms

    Your use of our website is subject to any additional terms, policies, rules, or guidelines that we may post or link to, which may apply to specific features of the website or services provided by our hospitality group (the “Additional Terms”). All Additional Terms are incorporated by reference into these Terms.

    17.5. Consent to Electronic Communications

    By using our website, you consent to receive electronic communications from us. You agree that any notices, agreements, disclosures, or other communications sent electronically will satisfy any legal requirements that such communications be in writing.

    17.6. Contact Information

    The website is operated by our hospitality group, located at 241 Main Street, El Segundo, CA 90245.

    If you have any questions about these terms, you may contact us by sending correspondence to this address or by emailing us at one of the following email address: hello@mmh.co

    17.7. 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 at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 to resolve a complaint regarding our website or to receive further information.

    17.8. No Support

    We are under no obligation to provide support for the website. In instances where support is offered, it will be subject to our published policies.

    17.9. International Use

    The Site is intended for U.S.-based users. Users accessing the Site from outside the United States do so at their own initiative and are responsible for compliance with local laws, as applicable. Ex Nihil LP is governed solely by U.S. law and does not offer its services to users in any jurisdictions where they would be in violation of the law.