noshd Terms of use
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noshd purchases are facilitated by inKind Cards, Inc.

By accessing or using our website, inkind.com or any subdomain thereof, inkindcapital.com or any subdomain thereof, any other inKind website, or the inKind mobile applications ("IK Sites & Apps"), you acknowledge that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you may make a purchase. In addition to these Terms of Use, you may enter into other agreements with inKind Cards Inc., or its subsidiaries and affiliates including noshd (collectively, "us" or "inKind") or others that will govern your use of IK Sites & Apps or related services offered by us or others. As used herein, "Users" means anyone who accesses or uses IK Sites & Apps, including noshd.

These Terms of Use incorporate the inKind privacy policy, which is available to view here: privacy policy.

Amendments to Terms of Use

We reserve the right to modify these Terms of Use at any time in our sole discretion. Any changes to these Terms of Use will become effective immediately upon the posting thereof. Please regularly review these Terms of Use to keep yourself apprised of any changes. Your continued use of IK Sites & Apps following the posting of changes will constitute your acceptance of the revised Terms of Use.

Credit Purchases

(a) Purchasing

inKind may, in its sole discretion, verify a user's identity prior to processing a purchase. inKind may also refuse to process a purchase or may cancel a purchase, as inKind reasonably deems necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud, or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued in inKind's sole judgment.

inKind does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. inKind reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the Site. If this occurs, inKind will attempt to notify you by email. In addition, inKind reserves the right, in its sole discretion, to correct any error in the stated retail price of inKind Pass or House Accounts.

inKind has a process for evaluating merchants but does not fully investigate or vet merchants. inKind is not responsible for any claims associated with any issues with inKind Pass or House Account credit redemptions. You should investigate as you deem necessary or appropriate before purchasing any inKind Pass or House Account to determine whether the merchant is qualified to provide the advertised goods and services. The Merchant is solely responsible for the care and quality of the goods and services being provided.

(b) inKind Pass and House Accounts

inKind Pass and House Accounts are electronic credit certificates for specified dollar amounts that may be used to purchase items or services sold by a particular merchant (the "Merchant"), and shall be treated the same by the Merchant as any physical gift cards or other electronic gift cards that the Merchant may from time to time sell. Gift Cards and House Accounts are not redeemable for cash, unless required by law.

Whereas inKind Pass may be redeemed at any location on the inKind network, House Accounts may only be redeemed at the particular Merchant for whom the User purchased such House Account. Merchant is the issuer of the House Accounts and is solely responsible for redeeming the House Accounts for items or services sold and for compensating you should the Merchant cease accepting House Accounts. In the event a Merchant ceases operations, you agree that your only course of action is to seek a House Account refund from the Merchant, not from inKind.

inKind Pass and House Accounts combine two separate portions: (i) a portion equal to the amount you paid (the "Paid Portion"); and (ii) an unpaid promotional portion equal to the balance of the value of the inKind Pass or House Account (the "Promotional Portion"). The Paid Portion will never expire. The Promotional Portion expires three (3) years from the purchase date. The Paid Portion is redeemed before the Promotional Portion.

  • Use of inKind Pass or a House Account for alcoholic beverages depends on applicable law.
  • inKind Pass and House Accounts cannot be combined with any other coupons or promotions, unless expressly permitted by the Merchant.
  • inKind Pass and House Accounts cannot be used for tips, prior balances, shipping or handling, room charges, administrative fees, or other charges or fees as applicable.
  • Duplicate use of inKind Pass and House Accounts is prohibited.
  • Unless otherwise stated therein, the inKind Pass and House Account price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time of redemption.

Unauthorized or unlawful reproduction, resale, modification or trade of inKind Pass and House Accounts is prohibited. Pricing relating to certain inKind Pass and House Accounts on IK Sites & Apps may change at any time in inKind's discretion, without notice.

By purchasing an inKind Pass or a House Account, you agree to any additional deal-specific terms advertised at the time of purchase (the "fine print" regardless of how labeled), and these Terms of Use. These rules apply to all purchases, except as otherwise required by law. Any attempt to redeem an inKind Pass or House Account in violation of the Terms of Use may result in a reversed transaction and/or the suspension or revocation of your inKind account and any remaining associated Credit.

(c) inKind Subscriptions

You must be eighteen (18) years of age to agree to the subscription program and you are attesting to that fact by clicking the "Subscribe" button.

You are authorizing inKind, to bill your credit card on file on the same date each month or year for the amount specified during checkout and in your inKind app in the Subscription Management section of your Settings until such time as you may cancel your subscription. For subscriptions commencing with a promotional or trial period, your first billing date will be indicated in an email sent to you upon sign-up as well as in the inKind app in the Subscription Management section of your Settings. For months in which your billing date falls on a date not contained in a certain month (if applicable), you will be charged on the first day of the following month.

You are able to see your next monthly billing date in your User profile, and you are able to change the credit card on file at any time. If your payment is declined for any reason, inKind will suspend your subscription until a new credit card is placed on file. You must cancel your subscription in advance of the next billing date to avoid being charged for the following month. You may choose to cancel your subscription renewal anytime by referring to our Cancellation Policy. Should you cancel your subscription, and restart your subscription at a later date, the application of any promotions applied to new subscriptions to your account will be at the sole discretion of inKind.

Upon registering a new credit card with inKind, you authorize inKind to continue to bill your monthly subscription fee until such time as you cancel your subscription. Your credit card company may charge you various fees. inKind is not responsible for any such fees, and you should review your policy with your credit card company to see what, if any, fees are applicable.

Refunds are generally not permitted, except in extraordinary circumstances. If you wish to request a refund for such a circumstance, you must submit a Customer Service Ticket by either emailing support@inkind.com or by using the Support & Help feature in the inKind app which is accessible through your User profile. It is in inKind's sole and absolute discretion whether to provide a refund, and, if so, in what amount.

While subscribed, you will earn Credit Back (as specified in the inKind app) on all food and beverage charges on your bill paid via a credit card through the inKind mobile app. Credit Back will be automatically deposited into your Credit Back balance in your inKind account.

No Credit Back will be earned on tips, gratuities, delivery or service fees, or any portion of the bill covered by discounts, bonuses, previously earned Credit Back, or pre-paid balances.

Subscription Cancellation Policy: You must cancel your subscription in advance of the next billing date to avoid being charged for the following month. To cancel your subscription at any time via the inKind app, you may visit the Subscription Management section of your Settings and click on "Cancel Subscription". You may also contact support@inkind.com no less than seventy-two (72) hours in advance of your subscription renewal date with your request to cancel your subscription.

(d) Merchant Liability

Merchant is solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an inKind Pass or House Account or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed House Accounts.

You hereby irrevocably waive all rights related to, and release inKind and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a House Account or the products and/or services Merchant provides in connection with it.

(e) Refunds

Refunds may be requested within 30 days of the purchase date. A full refund will only be granted provided none of the associated credit has been used.

If inKind permits any refund for partially used credit, the customer will be deemed to have used the Paid Portion first and will forgo any promotional credit granted.

(f) Merchant Closures/Bankruptcies

In the event a restaurant in which you hold a House Account ceases operations, you will be entitled to claim the value of your remaining credit in the same manner as any other gift card creditor in accordance with applicable law.

Registration and Account Security

In consideration of your use of IK Sites & Apps and in order to best keep your account information safe, you agree to (a) provide accurate, current, and complete information, (b) keep your password secure, (c) update any information as necessary, and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Intellectual Property Rights

All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "Content"), other than User Content (as defined below), are the property of inKind and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent.

Use License

You are hereby granted a limited license to access and use the IK Sites & Apps for personal, non-commercial, transitory viewing only. Under this license, you may not:

  • modify or copy the Content except as expressly permitted hereby;
  • use the Content for any commercial purpose or any public display;
  • attempt to decompile or reverse engineer any software contained on IK Sites & Apps;
  • remove any copyright or other proprietary notations from the Content;
  • transfer the Content to another person; or
  • "mirror" the Content on any other server.

This license shall automatically terminate if you violate any of the above restrictions.

We may terminate this license for any reason at our sole discretion.

Trademarks

"inKind" and its logo, and any other inKind marks (collectively, "inKind Trademarks") constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on IK Sites & Apps may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on IK Sites & Apps unless in accordance with written authorization by us. The use of any of the inKind Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. Any questions concerning any inKind Trademarks, or whether any mark or logo is an inKind Trademark, should be referred to us.

User Content Agreement

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you on IK Sites & Apps will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You further agree not to use electronic or other means to collect email addresses or other contact information of Users for the purposes of sending unsolicited communications. Additionally, you agree not to create any automated user-generated content or use automated scripts to collect information from IK Sites & Apps or for any other purpose. You further agree that you may not use inKind in any unlawful manner or in any other manner that could damage, disable, overburden, or impair IK Sites & Apps.

In addition, you agree not to use IK Sites & Apps to:
  • upload, post, transmit, share, store or otherwise make available
  • any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable;
  • any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," or any other form of solicitation;
  • any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, or bank account details;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • content that, in our judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or any User to any harm or liability of any type.
  • register for more than one (1) User account or register for a User account on behalf of an individual other than yourself;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your identity, your age, or your affiliation with any person or entity;
  • intimidate or harass another User; or
  • use or attempt to use another's account, service or system without our authorization

User Content Posted on IK Sites & Apps

You are solely responsible for the content that you post on IK Sites & Apps or transmit to or share with other Users ("User Content"). You understand and agree that we may, but are not obligated to, review and delete or otherwise remove (without notice) any User Content in our sole discretion.

By posting User Content to any part of IK Sites & Apps, you are deemed to grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with IK Sites & Apps or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from IK Sites & Apps at any time. However, if you choose to remove your User Content, the license granted above will not expire.

Links to Third Party Websites

From time to time IK Sites & Apps may contain links to websites that are controlled, owned, or operated by third parties ("Third-Party Sites"). We do not take any responsibility for any content provided on Third-Party Sites, nor do we make any representation or warranty, express or implied, regarding the accuracy of the content on any Third-Party Site. You acknowledge and agree that your use of any Third-Party Sites is governed by the terms of use for those websites, and not by these Terms of Use. We do not endorse any Third-Party Sites that have links on our websites or any products or services offered by such sites. We provide the links for your convenience and you access them at your own risk. Any Third-Party Sites may have substantially different privacy policies and be less secure than our own. We shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on such sites or otherwise.

Copyright Complaints

If you are the owner or controller of any copyright that you believe is being infringed by material on IK Sites & Apps, you may send a written notification under the Digital Millennium Copyright Act (via mail or email) of such alleged infringement to:

Attn: Compliance Officer
inKind
600 Congress Ave
Ste 1700
Austin TX 78704

Or email: compliance@inkind.com

The notice must meet the notice requirements under the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act and other applicable law, inKind has a policy of terminating, at its sole discretion, the registrations of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to IK Sites & Apps afforded to any Users who infringe on the intellectual property rights of others.

Service Use Technical Requirements

In order to use inKind's services and redeem food and beverage credit, You must own or have access to a smartphone with active wireless internet connectivity. Functionality of the inKind mobile application is dependent on You keeping your smartphone current with the latest updates and security patches to your operating system as well as to the latest version of the inKind app. We do not support older mobile operating systems and, if You use an older operating system, You may not be able to access the app and/or redeem credit.

Privacy & Marketing

For how we treat your data and for information regarding our marketing communications, please visit our Privacy Policy.

Mobile Marketing
By joining the inKind Cards, Inc. dba inKind mobile alerts program, you have consented to receive recurring marketing text messages. For help email support@inkind.com. To stop receiving messages at any time, text STOP to the number we text you on. For HELP, text HELP to the number we text you on. Your consent to receive text messages is not a condition of purchase. Msg&Data rates may apply. Carriers are not liable for delayed or undelivered messages. The inKind mobile alerts program is available in the US only. For how we treat your data, please visit our Privacy Policy.

Standard messaging rates apply to your entry or submission message to any inKind text message service, our confirmation and all subsequent text message correspondence. Please contact your wireless carrier for information about your messaging and data plan(s). Your carrier may impose message or charge limitations on your account that are outside our control. All associated charges are billed by and payable to your mobile service provider.

Data obtained from you in connection with our text message service may include your cell phone number, your carrier's name, and the date, time and content of your messages to us and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. We and third-party partners collect information using cookies, pixel tags, plugins, or similar technologies. For example, we may use pixel tags to recognize and alert you, if you leave items in your shopping cart. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Your wireless carrier and other service providers may also collect data about your text usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

Use of Personally Identifiable Information

Please see our Privacy Policy.

Disclaimer of Warranties

WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT ON IK SITES & APPS, AND WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

IK SITES & APPS AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE OUTCOME OF YOUR USE OF THE CONTENT. WE DO NOT WARRANT THAT IK SITES & APPS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND IK SITES & APPS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL OFFERINGS OR RELATED TRANSACTIONS WITHOUT PRIOR NOTICE TO YOU. IK SITES & APPS COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF IK SITES & APPS IS AT YOUR OWN RISK.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, NOR ANY THIRD-PARTY PROVIDERS TO THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF IK SITES & APPS, OR WITH A USER'S DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH IK SITES & APPS, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN ANY CASE, INKIND AND ITS AFFILIATES' AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500).

Indemnification

You agree to indemnify, defend, and hold inKind, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through IK Sites & Apps, your use of IK Sites & Apps, your conduct in connection with IK Sites & Apps or with other Users of IK Sites & Apps, or any violation of these Terms of Use or of any law or the rights of any third party.

Consent to Electronic Disclosures

inKind can only give you the benefits of our service by conducting most of our business through the Internet. By agreeing to these Terms of Use you hereby consent to do business and receive all disclosures, notices, documents and information, including Schedule K-1s, ("Communications") from us in relation to all of your interactions and transactions on IK Sites & Apps electronically and acknowledge that this agreement satisfies Revenue Procedure 2012-17 which requires affirmative consent to electronic delivery of Schedule K-1s.

To access and retain the Communications electronically, you will need to use a computer with a current version of Microsoft Edge, Firefox, Google Chrome or similar software, and hardware capable of running this software. By agreeing to these Terms of Use you hereby acknowledge that you can access the electronic Communications in these formats.

You may withdraw your consent to receive Communications electronically by contacting us via email at support@inkind.com with the subject heading "Electronic Disclosures". The withdrawal of your consent will not affect the legal validity and enforceability of any pending purchase you may have on IK Sites & Apps, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.

You may also elect to receive paper copies of any Communications by contacting us at the email address stated above.

Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

Governing Law; Venue

These Terms of Use and all matters or issues collateral thereto will be governed by, construed, and enforced in accordance with the laws of the State of Delaware without regard to conflict-of-laws principles.

Any dispute or claim relating in any way to your use of IK Sites & Apps, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply; and
  • In the event that the arbitration agreement in these Terms of Use is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Austin, Texas, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms of Use is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules, but in no event will we pay for attorneys' fees.

We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

Availability

IK Sites & Apps is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to applicable law or regulation. By offering IK Sites & Apps and Content, we make no distribution or solicitation to any person to use IK Sites & Apps or Content in jurisdictions where the provision of IK Sites & Apps and/or Content is prohibited by law.

Other Agreements

These Terms of Use shall be subject to any other agreements you have entered into with us.

Additional Terms

Certain sections or pages on IK Sites & Apps may contain separate terms and conditions of use, which are in addition to the terms and conditions of these Terms of Use. In the event of a conflict, those additional terms and conditions will govern those sections or pages of IK Sites & Apps.

General Provisions

If any provision of these Terms of Use is found to be invalid or unenforceable, the provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use supersede any previous Terms of Use to which you and we may have been bound. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall be deemed to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.