TERMS AND CONDITIONS OF USE
Last Modified 2.8.18
Please read these Terms and Conditions of Use ("Terms") fully and carefully before using www.toeatlist.co (the "Site") or the To Eat List mobile application (the "Application"). The Site and the Application together will be known as the "Services" in the Terms. The Terms form a legally binding contract between you, as a user or viewer of the Services, and To Eat List LLC (the "Company"). You must to comply with the Terms if you want to visit or use the Site, or the Application.
Your use of the Services.
By using the Services in any way, you represent and warrant that:
You are 18 years or older or older or, if between 13 and 17 years of age, your parent or legal guardian agrees to be bound by these Terms in your place.
You are legally permitted to use the Service and will use the service in compliance with all laws and regulations.
All information that you submit to the Company or through the Services is accurate, complete, and truthful and will be maintained as such.
You are not located in, under the control of, or a national or resident of any country which the United States has (a) embargoed goods, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department’s Table of Deny Orders.
The Company strives to make the Services fun, accessible, and safe for everyone. Therefore, you agree not to do any of the following when using the Services:
Stalk, harass, intimidate, or purposefully deceive any other user.
Post any User Content (as defined below) that violates these Terms.
Solicit money, goods, or services from other users.
Impersonate any person or entity.
Misrepresent any affiliation with any person or entity.
Create fake or multiple Accounts.
Spam the Services of post redundant or automated User Content.
Index, crawl, decode, or decompile the Service or any portion thereof.
Interfere with the Service's access or uptime.
You may terminate your Account (as defined below) at any time and for any reason. The Company may terminate your access to the Services (including your Account) at any time and for any reason. The Company will not be liable for any loss of User Content or other data, whether due to Account or Service termination or otherwise. In addition, the Company may discontinue or modify the Services at any time.
The Company reserves the right to refuse service to anyone at any time without notice for any reason.
The Company Owns the Site and The Application
The Site and any materials made available for download or viewing are the property of the Company. The Company's trademarks, service marks, trade dress, copyrights, and patents (whether or not registered) are protected by United States and international intellectual property, copyright, patent and trademark laws. The contents of the Site and the Application, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by the Company, including the provision of services or products to the Company, or in connection with a business relationship with the Company. You may not frame or utilize framing techniques to enclose or link to, any name, trademarks, service marks, logo, or other proprietary information (such as images, text, page layout, or form) from the Site, or the Application, without the Company's express written consent.
When using the Service, you may post or share text, graphics, images, photographs, videos, or other content that otherwise complies with these Terms (collectively, "User Content"). You agree not to post any User Content which is (in the Company's sole discretion) offensive, illegal, defamatory, threatening, racist, objectionable, sexist, or commercial in nature. You agree that you will only post accurate and truthful User Content. The Company may delete or modify User Content at any time.
You hereby grant to the Company a perpetual, worldwide, royalty free, fully sub-licensable license to use, display, share, modify, sell, and otherwise distribute your User Content. The license shall survive termination of your Account.
You agree to be solely responsible for your User Content.
The Company takes allegations of copyright infringement seriously. The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without authorization and is available within the Services in a way that may constitute copyright infringement, you may provide notice of their claim to the Company’s designated agent listed below. For the notice to be effective, it must include all of following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A description of the copyrighted work that is claim to have been infringed.
A description of where the allegedly infringing material is located within the Application.
Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted.
A statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's designated agent can be reached at:
To Eat List LLC
1648 Taylor Road
Port Orange, FL 32128
You may be required to register for a user account ("Account") in order to use the Application or certain features of the Site. You may be prompted to create a unique username and password or to create an Account through a third party login. Only access the Site, or the Application, using your username and password. You agree to protect the confidentiality of your username and password, and not to share or disclose your username or password to anyone else. You agree that you are responsible for all transactions that occur under your username.
You agree to indemnify the Company for any damage you cause.You agree to defend, indemnify, and hold the Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys' fees) against or incurred by The Company arising out of your use of the Site, or the Application, your access of the Site, or the Application, or any breach of these Terms.
Disclaimer of Warranties
THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE, OR THE APPLICATION, WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE COMPANY, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY COMPANY-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, ACCURACY, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME SOLE AND TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, OR THE APPLICATION THE COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
Limitation of Liability Regarding Use of the Site, or the Application
THE COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE "COMPANY AFFILIATES") ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR THE APPLICATION, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND ANY ASSOCIATED SERVICES.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AFFILIATES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL BE LIMITED TO ONE HUNDRED DOLLARS.
THE LIMITATION OF LIABILITY HEREIN SHALL APPLY EVEN IN THE CASE OF THE COMPANY'S OWN NEGLIGENCE.
Terms for Apple Users
If you are using the Application on an Apple device, then the following terms apply to your use of the Application: The parties acknowledge that by accepting these Terms, you are granted a non-transferable license to use the Application on devices you own or control (including any iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service). The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. The parties acknowledge that the Company is solely responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. The parties agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
These Terms constitute the entire agreement between the Company and you pertaining to the subject matter hereof.
In its sole discretion, the Company may from time-to-time revise these Terms by updating this posting. You should, therefore, periodically visit this page to review the current Terms, so you are aware of any such revisions to which you are bound. It is your responsibility to visit this page to determine the current Terms, as the Company does not have an obligation to notify you whenever the Company changes these Terms.
These Terms shall be governed and construed according to the laws of the State of Florida. Any dispute arising hereunder, or related to the Terms or your use of the Services in any way, shall be brought solely in the state or federal courts located in the State of Florida.
The delay or failure of the either party to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such rights.
These Terms may be assigned by the Company in its sole discretion. You may not assign these Terms.
Last Modified February 8, 2018
No Information From Children Under Age of Thirteen
We do not knowingly collect any personally identifiable information from children under the age of 13. If you are under the age of 13, please do not attempt to provide any personal information about yourself to the Company. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we might have any information from a child under the age of 13, please contact us via email at firstname.lastname@example.org.
Terms and Conditions of Use
Please note that your use of our Site, and the Application, is also subject to our Terms and Conditions of Use.
Information Collection, Use and Sharing
We may collect certain information automatically as you use our Site, or the Application, including your Internet Protocol address, browser type, computer type, operating system version, type of mobile device (if used), location data (if available), the site from where you navigated to our Site, or the Application, time and date of using the Site, or the Application, pages on our Site, or the Application, that you view, as well as other miscellaneous information. When you visit our Site we send one or more "cookies" may be sent to your computer or other device.
We may also use your information, including personally identifiable information, to provide the Services to you, share User Content (as defined in our Terms and Conditions of Use), optimize the Services and analyze your use of the Services. This may include sharing your location and contact information with other users to enable the social sharing component of the Services. Users may locate your profile through your phone number.
Your personal information will be used to help us send you newsletters and email communications. We will also use your email address if you request a password or username reset.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to prevent harm to the Company, the Site, the the Application, or our customers. This may include sharing information with other companies, lawyers, courts, or other government entities.
Your Access to and Control over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via email at [email@example.com]: See what data we have about you, if any. Change or correct any data we have about you. Have us delete any data we have about you, subject to any obligation we may have to preserve any such data under state or Federal law;. Express any concern you have about our use of your data.
We take precautions to protect your information. We employ electronic and managerial safeguards for your information. However, since the Internet is not a secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your information.
You may also encounter third party links when using the Services. We do not control these links or the content found on any websites they may link to. Please use caution when navigating away from the Services.
Do Not Track Signals
We do not currently respond to browser "do not track" signals.