Terms of Use for Customers
Version Date: 7.31.2013

TERMS OF USE AGREEMENT

In order to maintain the level of quality that we’re striving very hard to attain and maintain, by using this website and the Eat24 Services, you are agreeing to abide by these Terms of Use (the “Terms”), which constitute a legally binding agreement between you and Eat24.com and which govern your use of and access to the Eat24.com website (including the webpages contained or hyperlinked therein and owned or controlled by Eat24, the “Website”) and the Eat24 Services, whether through the website itself or through such other media or media channels, devices, software, or technologies as Eat24 may choose from time to time (also and collectively, the “Eat24 Services”).

Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the Eat24 Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the Eat24 Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the Eat24 Services.

The Website is owned and operated by Eat24, Inc., a Delaware corporation (“Eat24”), and is currently hosted in the United States. Eat24 reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the Eat24 Services (or any part thereof) with or without notice. You agree that Eat24 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Eat24 Services.

Please note that Eat24 may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the Eat24 Services. Eat24 may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the Eat24 Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and Eat24 reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

The Website and the Eat24 Services

The Website and the Eat24 Services are a third-party marketplace for customers (“Customers”) to view, discuss, and place orders for food and beverages, and pick-up and/or delivery services in connection therewith, with participating restaurants (the “Restaurants”), and is a merchant of such order placement services only. Neither Eat24, the Website, nor the Eat24 Services is a merchant of food or beverages, or any pickup or delivery services in connection therewith, and does not sell or control the Restaurants or the production of any food or beverages, or any pick-up or delivery services therewith, produced at or provided by the Restaurants.

The Restaurants have entered into agreements with Eat24 to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. Eat24, including the Website and the Eat24 Services, does not in any way independently verify the credentials or representations of any of the Restaurants, the ingredients or the quality of any their products or services, or any Restaurant’s compliance with applicable laws.

Customers using the Eat24 Services must make themselves comfortable through the information provided by the Restaurants on the Website, by contacting the Restaurants directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Restaurants and the Restaurants’ compliance with applicable laws. Eat24, including the Website and the Eat24 Services, does not in any way guaranty the quality of any Restaurant or any food or beverage, or any pickup-up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Restaurant may represent certain standards with respect to their food preparation (or other services) such as “organic,” “kosher,” “macrobiotic” or allergen-specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; Eat24 does not investigate or verify any such representations. Eat24 shall not be liable or responsible for any food or beverages, or any other services, offered by the Restaurants or any errors or misrepresentations made by them (including on the Website and through the Eat24 Services).

We do take customer satisfaction very seriously and, in addition to contacting the applicable Restaurant directly, we ask that you notify Eat24 of all complaints or concerns that you might have regarding the Restaurants.

ORDERING AND PAYMENT

When you place an order through the Eat24 Services, you will be given a choice of payment options, including via credit card, PayPal®, and direct payment to the applicable Restaurant. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed, directly through the Eat24 Services, for the purchase price of the applicable order, and “Eat24” will be the name that appears on the credit card or PayPal statement, as applicable. As stated above, however, Eat24, including the Website and the Eat24 Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered. If Eat24 and the applicable Restaurant have agreed, your credit card information may be provided to the Restaurant, and in such case, the Restaurant will bill you directly. You will be notified at the time of purchase if the Restaurant will be billing you directly and you hereby authorize Eat24 to transfer your credit card information to the Restaurant for processing.

REFUND POLICY

Eat24 takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Restaurant directly, but, if you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact Eat24 and we will try to assist you. In appropriate cases, if you have already been billed by Eat24, Eat24 may issue full or partial refunds.

USER REPRESENTATIONS, WARRANTIES AND COVENANTS

By using the Website and/or the Eat24 Services, you represent, warrant, and covenant that:

    1. all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;
    2. you will keep your password confidential and will be responsible for all use of your password and your account;
    3. you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website and the Eat24 Services; and
    4. your use of the Website and the Eat24 Services does not violate any applicable law.

CONTRIBUTIONS

The Website and the Eat24 Services allow users to interact with other users by reviewing and posting comments. You are entirely responsible for the content of, and any harm resulting from, your use of, participation with, and postings in the interactive portions of the Website (such use, participation, and/or postings, being your “Contribution”). When you create or make available a Contribution, you thereby represent and warrant that:

    1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
    2. you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Eat24, the Website, and the Services, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
    3. your Contribution is not (in all cases as determined by Eat24 in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
    4. your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on Eat24’s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
    5. your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
    6. your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
    7. your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Eat24 in its sole and absolute discretion.

By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to Eat24 an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.

Eat24 has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.

Eat24 may accept, reject, or remove any Contributions, including restaurant reviews in its sole and absolute discretion, but Eat24 has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of a restaurant, your review must comply with the following criteria: (1) you should have firsthand experience with the restaurant; (2) you are not be affiliated with any competitors of the restaurant; (3) you will not make any conclusions as to the legality of the restaurants products, services, or conduct; and (4) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by Eat24 (including its Website and the Eat24 Services), and do not represent the views of Eat24 or of any affiliate or partner of Eat24. Eat24 does not assume liability for any review or for any claims, liabilities or losses resulting from any review.

SUBMISSIONS AND FEEDBACK

In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the Eat24 Services (“Submissions”) provided by you to or via Eat24, the Website, or the Eat24 Services are non-confidential and Eat24 (as well as any designee of Eat24) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

PROHIBITED ACTIVITIES

The Website and the Eat24 Services are for personal, noncommercial use only (unless specifically endorse or approved by Eat24). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, and pick-up and delivery services in connection therewith, provided by the Restaurants. Additionally, the following uses and activities of and with respect to Eat24, including the Website and the Eat24 Services, are prohibited:

    1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Eat24;
    3. systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
    4. engaging in unauthorized framing of or linking to the Website or the Eat24 Services;
    5. transmitting chain letters or junk email;
    6. using any information obtained from the Website or the Eat24 Services in order to contact, advertise to, solicit, or sell to any user;
    7. engaging in any automated use of the Website or the Eat24 Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
    8. interfering with, disrupting, or creating an undue burden on the Website or the Eat24 Services or the networks or services connected or linked thereto;
    9. attempting to impersonate another user or person;
    10. using the username of another user;
    11. selling or otherwise transferring your profile;
    12. using any information obtained from the Website or the Eat24 Services in order to harass, abuse, or harm another person;
    13. using the Website or the Eat24 Service as part of any effort to compete with Eat24, the Website, or the Eat24 Service or to provide services as a service bureau;
    14. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the Eat24 Services;
    15. attempting to bypass any measures of the Website or the Eat24 Services designed to prevent or restrict access to the Website or the Eat24 Services, or any portion of the Website or the Eat24 Services;
    16. harassing, annoying, intimidating or threatening any Eat24 employees or agents engaged in providing any portion of the Eat24 Services;
    17. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website or the Eat24 Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
    18. deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website or the Eat24 Services (including any content therein and thereof); and
    19. using the Website and/or the Eat24 Services in a any manner inconsistent with any and all applicable laws and regulations.

INTELLECTUAL PROPERTY RIGHTS

As between you and Eat24, all of the content included in and as a part of the Website and the Eat24 Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “Eat24 Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to Eat24, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Eat24 reserves all rights in and to the Website, the Eat24 Services, and the Eat24 Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the Eat24 Services; the license granted hereby does not include any resale or commercial use of the Website, the Eat24 Services, or the Eat24 Content. If you download or print a copy of the Eat24 Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Eat24 Content or enforce limitations on use of the Website or the Eat24 Content therein.

THIRD PARTY WEBSITES AND CONTENT

The Website and the Eat24 Services may contain, or you may be sent through the Website or the Eat24 Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Eat24 (including the Website and the Eat24 Services), and Eat24 (including the Website and the Eat24 Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that Eat24 (including the Website and the Eat24 Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the Eat24 Services or as may otherwise relate to any applications that you use or install from the Website or through the Eat24 Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and Eat24 (including the Website and the Eat24 Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.

SITE MANAGEMENT

Eat24 reserves the right but does not have the obligation to:

    1. monitor the Website and the Eat24 Services for violations of these Terms;
    2. take appropriate legal action against anyone who, in Eat24’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
    3. in Eat24’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of Eat24, the Website, and/or the Eat24 Services;
    4. in Eat24’s sole and absolute discretion, remove from the Website or the Eat24 Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the Eat24 Services’ systems; and
    5. otherwise manage the Website in a manner designed to protect the rights and property of Eat24 and others and to facilitate the proper functioning of the Website and the Eat24 Services.

PRIVACY

We care about the privacy of our users. Please review Eat24’ Privacy Policy. By using the Website or the Eat24 Services, you are consenting to have your personal data transferred to and processed in the United States and to the terms of Eat24’ Privacy Policy.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website or the Eat24 Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website and the Eat24 or by notifying Eat24 directly.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, EAT24 RESERVES THE RIGHT TO, IN EAT24’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE EAT24 SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND EAT24 MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE EAT24 SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN EAT24’S SOLE AND ABSOLUTE DISCRETION.

Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.

DISPUTES

If there is a dispute between users of the Website, or between users and any third party (including any Restaurant), you understand and agree that Eat24 (including the Website and the Eat24 Services) is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Restaurant), you hereby release Eat24 (including the Website and the Eat24 Services), its directors, officers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Eat24 Services shall be governed and construed by the law of the State of California, excluding conflicts of law rules. Any legal action of whatever nature by or against Eat24, the Website, and/or the Eat24 Services and that arises out of or related in any respect to these Terms, the Website, and/or and the Eat24 Services shall be brought solely in the applicable federal or state courts located in or with jurisdiction over San Francisco County, California; subject, however, to the right of Eat24, at Eat24’s sole and absolute discretion, to bring an action to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Eat24 Service (including your visit to or use of the Website and/or the Eat24 Service) be instituted more than two (2) years after the cause of action initially arose.

DISCLAIMERS

Eat24 cannot control the nature of all of the content available on the Website or through the Eat24 Services, or the products and services being sold by the Restaurants therein. By operating the Website and providing the Eat24 Services, Eat24 does not represent or imply that Eat24 endorses any Restaurant, Contributions, or any other content or products available on or linked to by the Website or through the Eat24 Services, or that Eat24 believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the Eat24 Services or in connection with any Restaurants, Contributions, or other third parties.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND EAT24 SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EAT24, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND EAT24 SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EAT24 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND EAT24 SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE EAT24 SERVICES. EAT24 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EAT24 WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EAT24 OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR EAT24 SERVICES, EVEN IF EAT24 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EAT24’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EAT24 FOR ORDER PLACED BY YOU THROUGH THE EAT24 SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION INITIALLY ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

INDEMNITY

You agree to defend, indemnify and hold Eat24, its subsidiaries, and affiliates, and their respective directors, officers, employees, service providers, and agents (collectively, the “Eat24 Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of your Contributions, your use of the Website, or your use of Eat24 Services, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, Eat24 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an Eat24 Indemnitee, and you agree to cooperate, at your expense, with Eat24’s defense of such claims. Eat24 will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

GIFT CARDS

If at any time, Eat24 offers gift cards, the following terms shall apply: (1) gift cards cannot be combined with cash, (2) gift cards are redeemable only with online payments; (3) gift cards are not redeemable for cash, (4) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent of the remaining gift card balance appears in Eat24’s records, (5) gift cards are not a credit or debit card, (6) there are no expiration dates and no fees for purchased gift cards, and (7) expiration dates or other terms may apply to promotional or service credit gift cards not purchased directly by a consumer.

SWEEPSTAKES

From time to time, Eat24 may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.

NOTICES

Except as explicitly stated otherwise, any notices given to Eat24 shall be given by email to Eat24@Eat24.com. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.

U.S. EXPORT CONTROLS

Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

MISCELLANEOUS

These Terms constitutes the entire agreement between you and Eat24 regarding the Website and the Eat24 Services. The failure of Eat24 to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. Eat24 may assign any or all of its rights and obligations to others at any time. Eat24 shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Eat24’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

CONTACT US

In order to resolve a complaint regarding the Website or the Eat24 Services, or to receive further information regarding the Eat24 Services, please contact Eat24 as set forth below, or, if any corn plaint with Eat24, the Website, or the Eat24 Services is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.

Eat24.com, LLC

PO Box 16004, San Francisco CA 94116

Fax: 866-580-4657

Email: Eat24@Eat24.com

Phone: 866-328-1123


DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY

Notifications

If you believe that content available on or through the Website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringers in appropriate circumstances.

All Notifications should include the following:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
    4. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. 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.

Notifications should be sent to our Copyright Agent as follows:

Copyright Agent

Eat24.com, LLC

Fax 866-580-4657

Email: Eat24@Eat24.com

Phone: 866-328-1123

We also will advise the alleged infringer of the DMCA Statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Counter Notification

If you believe your own copyrighted material has been removed from the Website and/or Company Service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

    1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
    2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the Company is located.
    3. A statement that you will accept service of process from the party that filed the Notification or the party’s agent.
    4. Your name, address and telephone number.
    5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
    6. Your physical or electronic signature.

You may submit your Counter Notification to our Copyright Agent by fax, mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

TERMS OF USE FOR RESTAURANTS