Terms of Service
Effective Date: July 10, 2023
Thank you for visiting a website, app or service provided by Eating All
Together, LLC! We are pleased to provide you with our content and
services and appreciate your patronage. Before you engage with our
website, app, or services, we encourage you to read these Terms of
Service, so you know what to expect when visiting and engaging with our
various properties.
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY. THIS
AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER") AND Eating All
Together, LLC. OR THE APPLICABLE AFFILIATE OF Eating All Together, LLC.
DOING BUSINESS AS “EAT” ("COMPANY," "WE," OR "US").
By accessing or using any website with an authorized link to this
Agreement (each a "Website"), accessing or using any application with an
authorized link to this Agreement (“App,” together with the Websites,
the “Properties”), registering an account, or accessing or using any
content, information, services, features or resources available or
enabled via the Properties (collectively with the Properties, the
"Services"), or clicking on a button or taking another action to signify
your acceptance of this Agreement, you: (1) agree to be bound by this
Agreement and any future amendments and additions to this Agreement as
published through the Services; (2) represent you are of legal age in
your jurisdiction of residence to form a binding contract; and (3)
represent that you have the authority to enter into this Agreement
personally and, if applicable, on behalf of any company, organization or
other legal entity on whose behalf you use the Services. Except as
otherwise provided herein, if you do not agree to be bound by this
Agreement you may not access or use the Services.
Your use of the Services is also subject to any additional terms, terms
of use, conditions and policies that we separately post on the Services
("Supplemental Terms") which are incorporated by reference into this
Agreement. Some of the specialized features and tools accessible through
our Services are provided by third-party companies pursuant to their own
separate terms of service (“Third-Party Terms”) that differ from ours.
By using such third-party features and tools, you agree that your
relationships with the third-party service providers will be governed by
the applicable Third-Party Terms.
Subject to Section 5.9 of this Agreement, the Company reserves the right
to modify this Agreement or its policies relating to the Services at any
time, effective upon posting of an updated version of this Agreement or
any applicable Supplemental Terms on the applicable Services. You should
regularly review this Agreement. Your continued use of the Services
after any such changes constitutes your agreement to such changes.
- Registration; Other Services
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Registration Data. When applying for or registering an account for
any of the Services, including, but not limited to, subscribing or
gaining access to a magazine or other subscription ("Account"), you
agree to provide accurate, current and complete information (the
"Registration Data") and to promptly update your Registration Data
in the event of a change of such Registration Data, including, but
not limited to, name change, credit, debit card or payment account
information, e-mail address or postal address, as necessary. You
agree that you may not register for an Account if you are barred or
otherwise suspended from using the Services under any applicable law
or by the Company. You further agree that you will not maintain more
than one Account for the same Company service at any given time. You
will be responsible for all activities that occur under your
Account. You agree not to share your Account or password with
anyone. You further agree to notify the Company immediately of any
unauthorized use of your password or any other breach of the
security of your Account.
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Subscriptions. If you subscribe to a Company publication or other
Service for which there is a recurring charge, you agree to provide
and keep current all payment account and contact information
provided for that subscription so that we may continue to deliver
and bill you for the subscription without interruption. If we are
unable to charge your selected payment method, you understand and
agree that we may seek to update your account information with your
issuing bank and card association networks. Subscriptions purchased
through the Services will be governed by the terms of the
subscription offer at the time of enrollment, which, unless
otherwise noted, will be incorporated by reference into this
Agreement.
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Sponsored/Affiliate Content. Certain portions of the Services may
include content that contains links to third party web sites for
which Company may receive compensation from the operator of the
third-party web site by virtue of your clicking to or making a
purchase on that site. As described more fully in Section 3.4 below,
by clicking on these links you understand and agree that you are
leaving a Company Property and visiting a website that is not
controlled by us.
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Lead Generation. Certain portions of the Services may provide you
the opportunity to be contacted by third party suppliers and others
in order to obtain particular services. By providing your contact
information in connection with these Services, you understand and
expressly consent to be contacted by these third parties using the
contact information you provide and that we shall have no
responsibility or liability whatsoever in connection with any
products, work estimates or the provision of services by these third
parties.
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Sweepstakes and Contests. All sweepstakes, contests, and other
promotions conducted on or through the Services will be governed by
the official rules applicable to that promotion, which, unless
otherwise noted, will be incorporated by reference into this
Agreement.
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Removal of Accounts. Company reserves the right to remove or reclaim
any usernames at any time and for any reason. You agree that you
have no ownership or other property interest in your Account and
that all rights in and to your Account are owned by the Company.
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Company’s Privacy Policy. Our information collection and use
policies with respect to the privacy of the Registration Data and
any other data provided by you or collected by Company are set forth
in Company’s Privacy Policy which is incorporated herein by
reference into this Agreement.
- User Content
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Responsible Party for Content. You understand, acknowledge, and
agree that all user generated content posted (that is, non-Company
content), displayed, or performed on or through the Services is the
sole responsibility of the party from whom such content originated.
This means that each User is entirely responsible for all content
that that User makes available through the Services, or otherwise
provides to the Company, whether online or offline, and whether or
not solicited by the Company ("User Content"). User Content shall
include your submission of any ideas, suggestions, documents, and/or
proposals to Company. Company has no obligation to pre-screen any
User Content. You agree to use all User Content and interact with
any other User at your own risk. Without limiting the foregoing,
Company reserves the right in its sole discretion, but does not have
an obligation, to pre-screen, review, refuse, or remove any content.
Company shall have the right to remove any content that violates
this Agreement or is otherwise objectionable as determined by
Company. Company reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation, or
government request, or to edit, refuse to post, or to remove any
information or materials, in whole or in part, that in Company’s
sole discretion are objectionable or in violation of this Agreement,
Company’s policies, or applicable law.
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Ownership of Your Content. Company does not claim ownership of any
User Content you make available on the Services ("Your Content").
However, when you as a User post or publish Your Content on or in
the Services, you represent that you have all of the necessary
rights to grant Company the license set forth in Section 2.3. Except
with respect to Your Content, you agree that you have no right or
title in or to any other content that appears on or in the Services.
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License to Your Content. Subject to any applicable Account settings
that you select or license agreement you may be asked to agree to
when posting or submitting Your Content on or though the Services,
you grant Company, its agent(s) and supplier(s), and anyone else
authorized by Company, an irrevocable, non-exclusive, perpetual,
worldwide, royalty-free right and license to use, copy, display,
publicly perform, transmit, modify, publish, distribute, make
derivative works of, sublicense, and otherwise commercially and
non-commercially exploit and use Your Content (in whole or in part)
in any manner or medium now existing or hereafter developed
(including print and electronic storage) and for any purpose. The
foregoing grant includes the right to exploit any proprietary rights
in Your Content, including, but not limited to, under copyright,
trademark, trade secret, patent or other intellectual property laws
that exist in any relevant jurisdiction, and a waiver of any “moral
rights” in Your Content. In connection with the exercise of these
rights, you grant Company, and anyone authorized by Company, the
right to identify you as the author of Your Content by name, email
address, or username, as Company deems appropriate. You will not
receive any compensation of any kind for the use of Your Content.
Note that other Users may search for, see, use, modify, and
reproduce any of Your Content that you submit to any "public" area
of the Services. Accordingly, you should be careful and selective
about the personal information that you disclose about yourself and
others, and in particular, you should not disclose sensitive,
embarrassing, proprietary, or confidential information in any public
area of the Services.
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Ratings and Reviews. Ratings and reviews posted by Users on our
Services are User Content that is not endorsed by Company and does
not represent the views of Company. To the fullest extent permitted
by law, Company does not assume liability for ratings and reviews or
for any claims for economic loss resulting from such ratings and
reviews. Because we expect Users to maintain a high level of
integrity with respect to ratings and reviews posted through the
Services, you agree: (a) to base any rating or review you post only
on your actual, first-hand experience with the applicable business,
product, or service; (b) you will not provide a rating or review for
any business, product, or service with respect to which you have a
competitive, ownership or other economic interest, employment
relationship, or any other affiliation; (c) you will not submit a
rating or review in exchange for payment or other benefits from any
individual or entity; and (d) your review will comply with the terms
of this Agreement. If we determine, in our sole discretion, that any
rating or review could diminish the integrity of the ratings and
reviews, or otherwise violates the terms or spirit of this
Agreement, we may exclude, prohibit, or remove such User Content in
our sole discretion without notice.
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Other Restrictions on User Conduct. You agree not to use the
Services for any purpose prohibited by this Agreement or by
applicable law. You shall not (and shall not permit any third-party
to) (a) take any action or (b) make available any content on or
through the Services that: (i) infringes any patent, trademark,
trade secret, copyright, right of publicity or other right of any
person or entity; (ii) is unlawful, threatening, abusive, harassing,
defamatory, libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, obscene, offensive, or profane; (iii) constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail; (iv)
involves commercial activities and/or sales without Company's prior
written consent, such as embedding links, contests, sweepstakes,
barter, advertising, or pyramid schemes; (v) impersonates any person
or entity, including any employee or representative of Company or
misrepresents your affiliation with any other person or entity; or
(vi) that violates any other rules or regulations that we may post
in connection with a particular feature of the Services. You alone
are responsible for the content and consequences of any of your
activities.
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Ownership of and License to Use Company Services
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Use of the Services. Except with respect to User Content, Company
and its suppliers own or are licensees of the rights, title, and
interest required for the Services. The Services are protected by
copyright and other intellectual property laws throughout the world.
Subject to this Agreement, Company grants you a limited license to
use the Services solely for your personal non-commercial purposes.
Any future release, update or other addition to the Services shall
be subject to this Agreement. Company, its suppliers and service
providers reserve all rights not granted in this Agreement.
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Trademarks. Company's stylized name and other related trademarks,
graphics, logos, service marks, and trade names used on or in
connection with the Services are the trademarks of Company and may
not be used without permission in connection with any third-party
products or services. Other trademarks, logos, service marks and
trade names that may appear on or in the Services are the property
of their respective owners. You will not remove, alter, or obscure
any copyright notice, trademark, service mark or other proprietary
rights notices incorporated in or accompanying the Services.
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Restrictions on Use of Services. You agree not to do any of the
foregoing:
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you shall not license, sell, rent, lease, transfer, assign,
reproduce, distribute, host, or otherwise commercially exploit the
Services or any portion of the Services;
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you shall not frame or use framing techniques to enclose any
trademark, logo, or Services (including images, text, page layout
or form) of Company;
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you shall not use any metatags or other “hidden text” using
Company’s name or trademarks;
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you shall not modify, translate, adapt, merge, make derivative
works or services of, circumvent, decrypt, disassemble, decompile,
reverse compile or reverse engineer any part of the Services
except to the extent the foregoing restrictions are expressly
prohibited by applicable law;
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you shall not use any manual or automated software, devices, or
other processes (including but not limited to spiders, robots,
scrapers, crawlers, avatars, data mining tools or the like) to
"scrape," harvest, or download data from the Services (except that
we grant the operators of public search engines revocable
permission to use spiders to copy materials from the Website for
the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials,
but not caches or archives of such materials);
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you shall not use any data from the Services for the development
of any software program (including but not limited to training a
machine learning or artificial intelligence (AI) system);
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you shall not access the Services to build a similar or
competitive website, application, or service;
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you shall not except as expressly stated herein, no part of the
Services may be copied, reproduced, distributed, republished,
downloaded, displayed, posted, or transmitted in any form or by
any means;
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you shall not remove or destroy any copyright notices or other
proprietary markings contained on or in the Services or use the
Services in violation of any third party’s intellectual property
or other proprietary or legal rights;
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you shall not use the Services in violation of any applicable law;
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you shall not attempt to gain unauthorized access to other
computer systems through the Services;
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you shall not interfere with or attempt to interfere with the
proper functioning of the Services or use the Services in any way
not expressly permitted by this Agreement; and
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you shall not attempt to harm our Services or use the Services in
a manner that could interfere with any party’s use or enjoyment of
the Services, including but not limited to, by violating or
attempting to violate any related security features, introducing
viruses, worms, or similar harmful code into the Services, or
interfering or attempting to interfere with use of the Services by
any other user, host, or network, including by means of
overloading, "flooding," "spamming," "mail bombing," or "crashing"
the Services. Any unauthorized use of the Services immediately
terminates the licenses granted by Company pursuant to this
Agreement.
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Third-Party Links. The Services may contain links to third-party
services such as third-party websites, applications, or ads
("Third-Party Links"). When you click on such a link, we will not
warn you that you are about to or have left the Services. Company
does not control and is not responsible for Third-Party Links.
Company provides these Third-Party Links only as a convenience and
does not review, approve, monitor, endorse, warrant, or make any
representations with respect to them, or any content, products or
services accessible through such links. Your use of all Third-Party
Links is at your own risk.
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Embedded Video Links. Certain pages of the Services provide the
functionality for you to "embed" videos appearing on the page on
other web sites or blog pages (together with the Player, as defined
herein, the "Embedded Video"). The functionality is provided by
giving you the necessary HTML code to include on such page to make
that Embedded Video appear. If you include the HTML on a web or blog
page, the actual video stream for the Embedded Video will be served
from our servers but the Embedded Video may be rendered to the
visitor of that page as part of that page. If you elect to embed
video on a page, you agree as follows: (i) you will not alter, in
any respect, the Embedded Video (including without limitation the
content, format, length, and advertising associated therewith) from
how it is served from our servers; (ii) you will not facilitate
access to the Embedded Video through any video player or other tool
other than the video player that is provided by the Company when the
Embedded Video appears (the "Player"); (iii) the Embedded Video may
be used for commercial purposes, including on an
advertising-supported page, provided that: (a) the Embedded Video
shall not be included in, or used as part of, a service that sells
access to video content; (b) the Embedded Video is not used for the
development of any software program (including but not limited to
training a machine learning or artificial intelligence (AI) system);
(c) you shall not insert advertising, sponsorship or promotional
messages in, or immediately adjacent to, the Embedded Video or
Player; and (d) to the extent you sell any advertising, sponsorship,
or promotional material to appear on the same page that includes the
Embedded Video, the page includes other content not provided by
Company which is a sufficient basis for such sales. You may not
block, inhibit, build upon, or disable any portion of the Player,
including without limitation links back to Company’s Services. You
understand and agree that all measured metrics related to the access
and viewing of the Embedded Video shall be credited to the Website
without limitation of any provision of these Terms of Service, we
shall have no liability to you for any reason with respect to your
use of Embedded Video and you agree to defend, indemnify, and hold
us and our affiliates and our affiliates' directors, officers,
employees and agents harmless from any and all claims, liabilities,
costs and expenses, including attorneys' fees, arising in any way
from your use of the Embedded Video.
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Indemnification and Limitation of Liability
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Indemnification. You agree to indemnify and hold Company, its
corporate parents, subsidiaries, and affiliates, and the officers,
directors, employees, agents, representatives, partners, suppliers,
and licensors of each (collectively, the “Company Parties”) harmless
from any damages, losses, costs, liabilities, and expenses
(including reasonable attorneys' fees and costs) relating to or
arising out of any claims concerning: (a) the violation of the
rights of any third party, including intellectual property rights,
by Your Content; (b) your misuse of the Services; (c) your violation
of this Agreement; (d) your violation of any rights of another
party, including any Users; or (e) your violation of any applicable
laws, rules, or regulations. Company reserves the right, at its own
cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
fully cooperate with Company in asserting any available defenses.
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Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE
SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES
EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY,
DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS,
COMPLETENESS, USEFULNESS, OR CONTENT OF THE SERVICES OR INFORMATION
ON THE SERVICES, AND THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES AND PRODUCTS. THE
COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, USER
COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY PARTIES MAKE
NO WARRANTY, REPRESENTATION OR CONDITION THAT: (A) THE SERVICES OR
ANY PRODUCTS WILL MEET YOUR REQUIREMENTS OR (B) YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. IF
YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR PRODUCTS OR
SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR
ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR
INFORMATION. OUR PRODUCTS AND SERVICES ARE PROVIDED WITH THE
UNDERSTANDING THAT COMPANY AND ITS USERS ARE NOT ENGAGED IN
RENDERING LEGAL, MEDICAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES
OR ADVICE. OUR PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR
PROFESSIONAL SERVICES OR ADVICE. PLEASE SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING
BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION,
OPINION, ADVICE, OR OTHER CONTENT. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
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Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY LOSS
OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE
TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE
AMOUNT THAT THE COMPANY PARTIES ARE LIABLE TO YOU EXCEED THE GREATER
OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO COMPANY BY YOU DURING THE
TWELVE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING
RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THE
FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY
PARTY FOR (X) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY
CAUSED BY A COMPANY PARTY'S GROSS NEGLIGENCE OR FOR (Y) ANY INJURY
CAUSED BY A COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
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Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND
YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES.
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Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY
NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS.
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Survival. You agree that the provisions in this section will survive
any termination of your Account, this Agreement, or your access to
the Services.
- General Provisions.
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Disclaimer. The information available through the Services is
provided solely for informational purposes on an “as is” basis at
user’s sole risk. Company makes no guarantees as to the
accurateness, quality, or completeness of the information and
Company shall not be responsible or liable for any errors,
omissions, or inaccuracies in the information or for any user’s
reliance on the information. Users are solely responsible for
verifying the information as being appropriate for user’s personal
use.
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Termination. At its sole discretion, Company may modify, suspend,
change, or discontinue the Services, or may modify, suspend, change,
or terminate your access to the Services, for any reason or no
reason, with or without notice to you and without liability to you
or any third party. In addition to restricting, suspending, or
terminating your access to the Services, for any reason or no
reason, Company reserves the right to take appropriate legal action,
including without limitation pursuing civil, criminal, or injunctive
redress.
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Procedure for Making Claims of Copyright Infringement. If you
believe content posted on the Services infringes your copyright
rights, please provide our Copyright Agent with the following
information: (1) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been
infringed; (3) a description of the location on the Services of the
material that you claim is infringing; (4) your address, telephone
number, and e-mail address; (5) a written statement that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law; and (6) a statement by you,
made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. Correspondence to
our Copyright Agent regarding notice of claims of copyright
infringement should be addressed to: Eating All Together, LLC.,
Attn: [ADDRESS], or by email to [EMAIL]. Company maintains a policy
to terminate in appropriate circumstances the Service use privileges
of all repeat infringers of copyright rights. Please Note: The
Copyright Agent has no responsibility for and will not respond to
Usage/Reprint permission requests or Subscriber/Customer Service
inquiries.
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Electronic Communications. The communications between you and
Company use electronic means, whether you visit the Services or send
Company e-mails, or whether Company posts notices on the Services or
communicates with you via e-mail. For contractual purposes, you (1)
consent to receive communications from Company in an electronic
form; and (2) agree that all terms and conditions, agreements,
notices, disclosures, and other communications and documents that
Company provides to you electronically will have the same legal
effect that such communications or documents would have if they were
set forth in "writing." The foregoing sentence does not affect your
statutory rights.
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Notice. Where Company requires that you provide an e-mail address to
receive notices and for other purposes, you are responsible for
providing Company with your most current e-mail address. In the
event that the last e-mail address you provided to Company is not
valid, or for any reason is not capable of delivering to you any
notices required/permitted by this Agreement, Company's dispatch of
the e-mail containing such notice will nonetheless constitute
effective notice. You may give notice to Company at the following
address: Eating All Together, LLC., Attn: [ADDRESS]. Such notice
shall be deemed given when received by Company by letter delivered
by nationally recognized overnight delivery service or first-class
postage prepaid mail at the above address.
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Governing Law and Exclusive Venue. THIS AGREEMENT AND ANY ACTION
RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE
LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CONFLICT
OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE
LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS
AGREEMENT. To the extent the parties are permitted under this
Agreement to initiate litigation in a court, both you and Company
agree that all claims and disputes arising out of or relating to
this Agreement will be litigated exclusively in the state courts in
New York County, New York or federal courts located in the Southern
District of New York.
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International Users. The Services are controlled and offered by
Company from its facilities in the United States of America. Company
makes no representations that the Services are appropriate or
available for use in other locations. Those who access or use the
Services from other countries do so at their own volition and are
responsible for compliance with local law.
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Export Control. You may not use, export, import, or transfer the
Services except as authorized by U.S. law, the laws of the
jurisdiction in which you obtained the Services, and any other
applicable laws. In particular, but without limitation, the Services
may not be exported or re-exported (a) into any United States
embargoed countries, or (b) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Department of Commerce's Denied Person's List or Entity List. By
using the Services, you represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a "terrorist
supporting" country and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
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Entire Agreement. This Agreement is the final, complete, and
exclusive agreement of the parties with respect to the subject
matter hereof and supersedes and merges all prior discussions
between the parties with respect to such subject matter. Any waiver
or failure to enforce any provision of this Agreement on one
occasion will not be deemed a waiver of any other provision or of
such provision on any other occasion. If any portion of this
Agreement is held invalid or unenforceable, that portion shall be
construed in a manner to reflect, as nearly as possible, the
original intention of the parties, and the remaining portions shall
remain in full force and effect. Company shall not be liable for any
delay or failure to perform resulting from causes outside its
reasonable control, including, but not limited to, acts of God, war,
terrorism, riots, embargos, acts of civil or military authorities,
fire, floods, accidents, pandemics, strikes or shortages of
transportation facilities, fuel, energy, labor or materials. This
Agreement, and your rights and obligations hereunder, may not be
assigned, subcontracted, delegated, or otherwise transferred by you
without Company's prior written consent. Any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing
will be null and void
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Questions, Complaints, Claims, Permissions. If you have any
questions, complaints, or claims with respect to the Services,
please contact our customer service department using the contact
information available on the Services. We will do our best to
address your concerns. For usage and/or reprint permission requests,
please email support@eatingalltogether.com.
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California Consumer Complaints. In accordance with California Civil
Code §1789.3, you may report complaints to the Complaint Assistance
Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by contacting them in writing at 400
R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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