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Terms of Service for Eat Unbound, LLC

Last updated 10/10/2023

These Terms and Conditions of Use ("Agreement") is a legal agreement between you, whether personally or on behalf of an entity (“you”) and Eat Unbound, Inc (hereinafter referred to as "Website Owner", “we”, “us”, or “our”), the owner and developer of www.eatunbound.com (the “Site” or “Website”) and Eat Unbound mobile application (the “App”). By registering to use www.eatunbound.com you become a client or user ("Client", “user”, or “you”) and you agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client.

IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SERVICE. The Terms are subject to change at any time, effective upon notice to you. BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO Eatunbound.com WEBSITE OWNER RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

1. Limitations of Liability and Indemnification. By using any services provided at or by www.eatunbound.com, you agree that in no event will www.eatunbound.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website, searching the restaurant directory, or using any of the services available. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You indemnify and agree to defend and hold harmless www.eatunbound.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of www.eatunbound.com, including any breach by you of the Terms contained in this Agreement.


2. Responsibility for Use of Website. We grant you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at our discretion and we may terminate your use of this website at any time.


3 . No Medical Advice / Guidance Only The content provided on www.eatunbound.com is for informational purposes only and is not professional medical advice, licensed dietician advice, diagnosis, treatment, or care, nor is it intended to be a substitute thereof. The menus, products, information, services, and other content provided on and through this website (directly or via linking by participating Restaurants) is for informational purposes only. Furthermore, menus, products, information, services, and other content provided on this website by participating Restaurants are not created, developed, warranted, or evaluated by Website Owner and should not be considered the views, opinions, or advice of www.eatunbound.com. Website Owner does not guarantee the accuracy or completeness of any of the information provided by participating Restaurants, nor does it confirm that participating Restaurants follow adequate processes or other safeguards to prevent cross-contamination of allergens or other food products. As such, Website Owner is not responsible for any illness or loss resulting from your reliance on such information. Always seek the advice of a physician or other qualified health provider properly licensed to practice medicine or general health care concerning any questions you may have regarding any content obtained from this website with regards to your dietary restrictions. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.


4. Right to Monitor We reserve the right, but are not obligated, to monitor materials posted by Restaurants in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.


5. Confidentiality It is agreed that all personal information entered in or given to www.eatunbound.com or Website Owner, will be kept confidential by us. You are responsible for retaining the confidentiality of your user name and password.


6. Copyrights, Trademarks, Licenses. Ownership, Website Owner owns and retains all proprietary rights to the www.eatunbound.com service, its trademarks, service marks, trade names, trade secrets, and copyrights. All website content, including but not limited to, text, images, videos, audio recordings, graphic designs, interactive features, compilations (including, but not limited to, our selection, coordination, aggregation, and arrangement of Restaurant User Content and other Service Content), computer code, is owned or licensed by Website Owner. Except for any information that is in the public domain, you are not authorized to reproduce, transmit, distribute, or create derivative works or adaptions of the proprietary information of www.eatunbound.com and Website Owner. Further, except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the service and content are retained by us.


6. No Warranties. Website Owner provides www.eatunbound.com services on an "as is" basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Website Owner does not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, noninfringement, or that any defects in the services will be corrected. You agree to bear all risks associated with use of www.eatunbound.com


8. Term and Termination. Without limiting any other provision, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person or entity for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.


9. Jurisdiction This Agreement or any dispute arising from this Agreement is governed by the laws of Arizona, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before state and federal courts in Arizona, and you hereby consent to the jurisdiction of any such court.


10. Severability If any provision is found to be invalid, the remaining provisions will be in full force and effect.


11. Certification We will not, and do not intend to, market any services directly to children. We do not knowingly gather or solicit data from children through the website, and by using www.eatunbound.com you represent that you are an adult who is at least 18 years of age.


12. Entire Agreement. This Agreement constitutes your entire Agreement with www.eatunbound.com and Website Owner with respect to any services.


13. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any 3 waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.

ADDITIONAL TERMS AND CONDITIONS FOR PARTICIPATING RESTAURANTS

The following terms and conditions apply to all Restaurants seeking to make available information about their restaurant, including but not limited to menus, nutritional facts, deals, discounts, on their behalf. For purposes of this section of the Terms and Conditions, all references to “you” or “your” shall mean you, the Restaurant accessing this Site in your capacity as a participating or sponsoring restaurant. All participating and sponsoring Restaurants are subject to all other Terms and Conditions.


1. Limitations of Liability and Indemnification. By using any services provided at or by www.eatunbound.com , you agree that in no event will www.eatunbound.com , Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website, engaging as sponsoring Restaurant, managing your restaurant profile, or using any of the services available. Your sole remedy for any breach or default of this Agreement by www.eatunbound.com or Website Owner shall be a return of any fees paid to Website Owner for any services provided under this Agreement.

You indemnify and agree to defend and hold harmless www.eatunbound.com, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of: (a) your use of www.eatunbound.com; (b) your contributions of content; (c) breach by you of the Terms contained in this Agreement; (d) breach of your representations and warranties set forth in this Agreement; (e) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We 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.


2. Intellectual Property Rights - Ownership, Licenses, Trademarks, Copyrights,

(a)

Ownership & Licenses; Trademarks Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Website Owner or licensed to Website Owner, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States.

The Content and the Marks are provided on the Site “AS IS” for your information and business use only. Except as expressly provided in this Agreement, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

As a participating or sponsoring Restaurant, you are granted a limited license to access and use the Site. By posting information to www.eatunbound.com, and sharing information with Website Owner, you represent that you have the right to grant permission for use by www.eatunbound.com and Website Owner. Furthermore, you grant Website Owner a royalty-free, transferable, worldwide license to use and/or sublicense of such materials posted on or linked to www.eatunbound.comand the App, and you grant users of www.eatunbound.com and the App permission to download the material for personal noncommercial use.

We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

(b)

Copyrights & Copyright Infringement. We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us (with all pertinent details to include but not limited to a description of the alleged infringing material and the location of the infringing materials on the Site or App) using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the party 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 material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.


3. Right to Monitor We reserve the right to monitor materials posted by Restaurant and shall have the right to remove any information deemed unacceptable, inappropriate, or offensive by our staff. Additionally, Website Owner may, in its sole discretion, discontinue and suspend a sponsoring Restaurant from accessing or further posting to the Site as a result of its uploading materials deemed unacceptable, inappropriate, or offensive.


4. Prohibited Activities You may not access or use the Site for any purpose other than that for which we make the Site available, or otherwise indicated in your sponsorship agreement. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a participating or sponsoring Restaurant, you agree not to:

(a)

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

(b)

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

(c)

Use the Site to advertise or offer to sell goods and services unless you are an sponsor as described below

(d)

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

(e)

Engage in unauthorized framing of or linking to the Site

(f)

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

(g)

Make improper use of our support services or submit false reports of abuse or misconduct.

(h)

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

(i)

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site

(j)

Attempt to impersonate another user or person or use the username of another user.

(k)

Sell or otherwise transfer your profile without Website Owner approval.

(l)

Use any information obtained from the Site in order to harass, abuse, or harm another person or restaurant

(m)

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

(n)

Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

(o)

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site

(p)

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you

(q)

Delete the copyright or other proprietary rights notice from any Content.

(r)

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

(s)

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

(t)

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

(u)

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

(v)

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

(w)

Use the Site in a manner inconsistent with any applicable laws or regulations.


5. Sponsorships & Advertising Subject to our approval, we allow sponsors to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are a sponsor, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. We will, subject to availability, technical limitations, and these Terms and Conditions, publish your advertisement in the format submitted by you and in accordance with your instructions. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.

All advertisement requests will be reviewed and are subject to Website Owner’s approval or denial. We may, at our sole discretion, refuse to publish any advertisement without giving any reason. Any negative, offensive, alienating, controversial, political, sexually explicit, vulgar, or impolite advertisements deemed inappropriate in our sole discretion will be denied a placement on the Site.

If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement, without giving reasons, even if we have previously published the same or similar advertisement. We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing

agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so. We endeavor to notify you of those changes prior to publication, but we will not be liable for any costs, expenses, losses or damages suffered or incurred by you arising from our failure to publish your advertisement in accordance with your request. We may title any advertisement as “Advertisement” whenever required to do so by law or whenever we consider it appropriate, for any reason, to distinguish it from other types of content.

Further, as a sponsor, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights

As a sponsor, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedownrelated issues. We simply provide the space to place such advertisements, and we have no other relationship with sponsors.


6. Digital Millennium Copyright Act (DMCA) Notice And Policy

(a)

Notifications If you believe that any material available on or through the Site infringes upon any copyright you own or control, please notify Website Owner using the contact information provided below.

A copy of your Notification will be sent to the person who posted 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 material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

(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 on the Site are covered by the Notification, a representative list of such works on the Site;

(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 us to locate the material;

(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email 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 upon

(b) Counter Notification If you believe your copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to using the contact information provided below (a “Counter Notification”)

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

(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 we are 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 a mistake or misidentification of the material to be removed or disabled;

(6) your physical or electronic signature. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the 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.

Contact Us.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Jt@Eatunbound.com

You further understand and agree that clicking or pressing on the "I agree" is the electronic equivalent of a written signature on this document. [I agree] [I do not agree]