Terms Of Service
WEBSITE TERMS OF USE
Please read the following Legal Notices & Terms of Use (Terms of Use) carefully before viewing or using the Foodcliff.com web site, mobile and other applications (Site). By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms of Use. Foodcliff Inc. reserves the right to modify these Terms of Use or the Site or any content or functionality thereof, at any time, and your continued use of the Site thereafter will constitute agreement with such modifications. If you do not agree to these Terms of Use, please do not use this Site.
Foodcliff Inc. is a Wisconsin corporation with offices in Wisconsin and established under the laws of the state of Wisconsin. References in these Terms of Use or the Site to Foodcliff Inc., Foodcliff, or the Company refer to the Wisconsin corporation, unless indicated otherwise. Foodcliff Inc. operates this Site to provide online access to information about Foodcliff Inc. the products, services, and opportunities provided, and the applicable use thereof (the "Service"). These Terms of Use, together with applicable additional terms and conditions or agreements posted elsewhere on the Site, are referred to as this "Agreement".
Use of Site.
Unless otherwise specified, the Site is for your personal and non-commercial use. No right, title or interest in any Site content is transferred to you as a result of downloading such content or otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
Orders.
You agree to pay all prices/fees/taxes incurred by using Foodcliff. We do not assume any liability for the actions or products of any third party taking part in the production or delivery of your order. If you choose cash as your method of payment, you are agreeing to pay the restaurant in U.S. dollars, at the time of delivery. By choosing the credit card option, you are agreeing that you are the owner of or are authorized to use the credit card being used in the purchase, and are solely responsible for any and all fees or charges associated with such use. When doing so, you must include all of the information requested, and it must be valid to enable us to obtain payment and allow you to use the Site. If Foodcliff does not receive payment from your credit card company, you agree to pay the amount due immediately upon request by Foodcliff. Any charges listed on the Site may be different than final purchase charges. If you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. And, as applicable, you shall present a government-issued identification card, evidencing your age on pickup or delivery, consistent with applicable legal requirements. Otherwise, you agree that the alcoholic beverage(s) will not be released to you, and you may forfeit the cost of such beverages.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
Return and Delivery Policy.
If an order is not correct, please contact the restaurant immediately to inform them of the mistake. If you are not satisfied with your order, please email Foodcliff at: customersupport@foodcliff.com. Please include all relevant information in your email, including the order number, delivery time, and restaurant name. All sales are final unless we determine the problem is an actionable one. If this occurs, Foodcliff will issue credit towards a future purchase. No cash refunds will be issued. If Foodcliff receives notice of a problem more than 24 hours after the order is placed, the problem will not be actionable. Foodcliff may provide assistance in correction of the issue.
But, only the restaurant or delivery service is responsible for delivering the food to the customer, not Foodcliff. The risk of loss transfers to you upon our delivery of the appropriate information to the carrier; you must file any claims directly with the restaurant or delivery service. Foodcliff is not responsible for any issues that may arise during the delivery process, including orders that have not been delivered. If an issue with your order arises, contact the restaurant immediately.
User Conduct.
While using the Site you will comply with all applicable laws, rules, and regulations. In addition, the Company expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth herein; and failure to comply with such rules may result in termination of access to the Site. You agree that you will not:
(a) Use the Site for any fraudulent or unlawful purpose.
(b) Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
(c) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that the Company endorses any statement you make.
(d) Interfere with or disrupt the operation of the Site; or violate any requirements, procedures, policies or regulations of such any networks which function to make this Site available.
(e) Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, spyware, or other computer code, file, or program that may be or is intended to damage or alter the operation of, or to monitor the use of, any hardware, software, or equipment.
(f) Restrict or inhibit any other person from using the Site.
(g) Post or transmit any content, information, or materials on or through the Site which is in any way infringing, obscene, defamatory, or otherwise objectionable or offensive.
(h) Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
(i) In any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without the Companys express prior written consent. The Company grants the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials. The Company reserves the right to revoke these exceptions.
Intellectual Property. Copyright 2017 by Foodcliff Inc. All rights reserved. The Company claims a copyright in all proprietary and copyrightable text, graphics, video, audio, and computer code on this Site, the overall design or look and feel of this Site, functionality and processes of the Site, and the selection, arrangement and presentation of all materials on this Site, including information in the public domain. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the written approval of Foodcliff Inc. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Foodcliff Inc.
Access to Site.
In the event access to the Site or a portion thereof requires a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by Company, You agree to protect the confidentiality of your user ID and password, not to share or disclose your user ID or password to any third party, and to promptly notify Company in the event you become aware your user ID or password may have been disclosed to an unauthorized third party or otherwise compromised. Your access to the Site may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by Company arising out of your use or access of the Site, or any breach of these Terms of Use. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any provision of this Agreement.
Links to Third-Party Web Sites.
If you use any links on the Site to websites not maintained by Foodcliff Inc., you will leave Foodcliff Inc.s Site. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site. The Company provides these links to you only as a convenience. The inclusion of any link does not imply recommendation, approval, verification of accuracy, or endorsement by the Company of the site.
Downloading Files.
Any software or document that is made available to download from the Services ("Download") is the copyrighted work of Foodcliff Inc. and/or its suppliers. Use of the Download is governed by the terms of this Agreement, or by an end user license agreement, if any, which accompanies or is included with the Download ("License Agreement"). Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by the Company. Without limiting the foregoing, copying or reproduction of the download to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by a license agreement accompanying such download.
Mobile Applications
. We may make available software to access Foodcliffs websites, technology platforms, and related online and mobile services via a mobile device (Mobile Applications). You must use a mobile device that is compatible with that Mobile Application. Foodcliff does not warrant that any Mobile Application will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Foodcliff hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on a mobile device owned or leased solely by you, for your personal use. You acknowledge that Foodcliff may from time to time may automatically electronically upgrade the version of any Mobile Applications that you are using. You consent to such automatic upgrading and agree to timely upgrade the Mobile Application in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all upgrades to the Mobile Applications. Any third party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third party license EULA, if any. The foregoing license grant is not a sale of the Mobile Applications or any copy or portion thereof, and Foodcliff or its third party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Foodcliff reserves all rights not expressly granted under this Agreement with respect to the Mobile Applications and otherwise. The Mobile Applications originate in the United States, and are subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Sites.
The following applies to any Mobile Application you acquire from the Apple App Store (Apple Software): You acknowledge and agree that this Agreement is solely between you and Foodcliff, not Apple, Inc. (Apple) and that Apple has no responsibility for the Apple Software or content thereof. Your use of the Apple Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Software. In the event of any failure of the Apple Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple Software; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Foodcliff as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple Software or your possession and/or use of the Apple Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Foodcliff as provider of the software. You represent and warrant that 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 you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge that, in the event of any third-party claim that the Apple Software or your possession and use of that Apple Software infringes that third partys intellectual property rights, Foodcliff, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Foodcliff acknowledge and agree that Apple, and Apples subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple Software.
The following applies to any Mobile Applications you acquire from the Google Play Store (Google Software): (i) you acknowledge that the Agreement is between you and Foodcliff only, and not with Google, Inc. (Google); (ii) your use of Google Software must comply with Googles then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google Software; (iv) Foodcliff, and not Google, is solely responsible for its Google Software; (v) Google has no obligation or liability to you with respect to Google Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Foodcliffs Google Software.
Disclaimer of Warranties.
Foodcliff Inc. makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content, unless otherwise specified in writing. To the fullest extent permitted by applicable law, the released parties expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Foodcliff does not warrant or represent that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, that the sites, the materials, and/or other content on the sites are free from viruses, infringing material, or other harmful components, or that defects in the site or the service will be corrected. Foodcliff does not warrant or make any representations regarding the accuracy or completeness of the content or results of, the correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise, including, without limitation, the safety, quality, and/or timing of a delivery ordered on the sites, and/or the food or other products delivered, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is" and "as available" basis. Except as warranted in a license agreement, Foodcliff hereby disclaims all warranties and conditions with regard to any download, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.
General Disclaimer.
You (and not Foodcliff) assume the entire cost of all necessary servicing, repair, or correction relating to your use of the sites, the materials, and/or other content on the sites. Foodcliff shall not be liable for delay or failure in performance resulting from causes beyond Foodcliff's reasonable control, including, without limitation, delays and other problems inherent in the use of the internet and electronic communications. Foodcliff is not responsible for any delays, delivery failures, or other damage resulting from such problems. Foodcliff relies upon restaurants and other third-party food and beverage providers to provide accurate allergen and dietary information and general product safety. Foodcliff does not represent or warrant that the information accessible through the Site or the service is accurate, complete, reliable, current, or error-free, including, without limitation, menus, nutritional and allergen information, photos, food quality or descriptions, pricing, hours of operation, or reviews. All content is provided for informational purposes only. The reliance on any information provided through the service is solely at your own risk, including, without limitation, nutritional and allergen information.
Limitation of Liability.
IN NO EVENT WILL FOODCLIFF INC. be liable for any loss or injury, or any damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, to any person or property or any other kind, resulting from your access or use of this site. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to all reasonable costs and attorneys fees. Foodcliff takes no responsibility and disclaims liability for any damages arising from any third partys use of the site to launch denial of service attacks against other parties, or similar malfeasance.You hereby waive any and all such claims against Foodcliff, its officers, directors, partners, employees affiliates, and contributors. You agree that the Site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
IF YOU ARE DISSATISFIED WITH ANYTHING ON OR RELATED TO THE SITE, SUCH AS THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Privacy.
Additional Terms of Use.
Unsolicited Idea Submission Policy.
Other than as may be specifically indicated on the Site,
neither Foodcliff Inc., nor any of its employees, accept or consider unsolicited ideas, including ideas for new advertising campaigns, services, processes, materials, marketing plans, marketing strategies, products or technologies, or product names. Please do not send any original creative artwork, samples, demos, or other works. The major purpose of this policy is to avoid misunderstandings should Foodcliff Inc.'s business activities bear coincidental similarities with one or more of the many unsolicited ideas submitted to Foodcliff Inc. Please do not send your unsolicited ideas to Foodcliff Inc. If, in spite of our request you still send your ideas, then regardless of what your submission may say:
(a) your idea will automatically become the property of Foodcliff Inc., without any compensation to you;
(b) Foodcliff Inc. will have no obligation to return your idea to you or respond to you in any way;
(c) Foodcliff Inc. will have no obligation to keep your idea confidential; and
(d) Foodcliff Inc. may use your idea for any lawful purpose whatsoever.
User Supplied Information.
Any feedback, information, or other files in any form that you provide at this Site shall be deemed to be non-confidential. Foodcliff Inc. shall obtain the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display, and create derivative works from the feedback, without any restriction or responsibilities to you. By providing such feedback, information, or files, you guarantee to us that you have the legal right to post said feedback and that it will not violate any law or rights of any person or entity. By supplying your mobile phone number and/or email address to Foodcliff, you agree that Foodcliff may contact you by telephone, text message, or email, at the number(s) and/or email address(es) supplied, and you hereby contest to receiving such communications for transactional, operational, or informational purposes.
User content transmitted to certain parts of the Sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Sites, including, without limitation, in a compilation format, and as such will be publicly visible and accessible. You further understand and agree that you may be exposed to third party user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Foodcliff and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives will not be responsible for, and you hereby expressly release the them from, any and all liability for the action of any and all third parties with respect to your user content, or for any damages you allege to incur as a result of or relating to any third party user content.
The Sites may allow you to rate (Ratings) and post reviews (Reviews) of restaurants and other businesses. Such Ratings and Reviews are governed by the terms and conditions of this Agreement. Ratings and Reviews are not endorsed by Foodcliff, and do not represent the views of Foodcliff or of any affiliate or partner of Foodcliff. Foodcliff does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. All Ratings and Reviews must comply with the following: (1) before posting a Rating or Review, you must have had first-hand experience with the restaurant within the 7-day period prior to your review; (2) you may not have a proprietary or other affiliation with either the restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the restaurants' products, services, or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Sites may be removed or excluded by us without notice.
Claims of Copyright Infringement.
(a) Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work;
(b) Identification of content constituting copyright infringement, including the specific internet address of said content;
(c) Name, address, telephone number, and email address, to allow Foodcliff Inc. to contact you regarding the claim;
(d) A statement that you have a good faith belief that use of copyrighted content is unauthorized;
(e) A statement under the penalty of perjury that all information provided in such notice is accurate, and that you are either the owner of the allegedly infringed copyright, or a person authorized to act on the owner's behalf.
(f) A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner.
Please note that this procedure is exclusively for notifying Foodcliff and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under any applicable laws. Foodcliff may in its sole discretion limit access to the Sites and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys fees.
Choice of Law/ Forum
. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and of the State of Wisconsin without regard to its conflict of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts in Dane County, Wisconsin, and waive any objection to such jurisdiction or venue.
General Provisions.
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