1. This stuff is ours and we're proud of it
We, along with the food services and other licensors (the "Other Services"), own Our Website and all of the text, images, software, trademarks, service marks or other material contained on Our Website (the "Good Stuff"). You will not copy or transmit any of the Good Stuff, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Good Stuff as presented on Our Website must appear on all copies you print. FOODBOSS (TM), the FOODBOSS logo, foodboss.com, and the "fb" mobile and website icon logo (to name a few!) are trademarks or registered trademarks of FOODBOSS INC. Other product, service, or company designations on Our Website belong to the Other Services and may be mentioned on Our Website for identification purposes only. You should contact the appropriate Other Services for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.
2. How to use us
You agree that your use of Our Website is intended for your personal, non-commercial use. You may only register to become a member of Our Website or to sign up to our service, if you are of sufficient legal age and can enter into binding contracts. If you join us and become a member, you are responsible for maintaining the secrecy of your passwords, login and account information (your "Personal Stuff"). You will be responsible for all of your use of Our Website and Our email newsletter by you, anyone using your password and login information (with or without your permission) and anyone whom you allow to access your food order. All Personal Stuff that you provide to us must be accurate and up-to-date. If any of your Personal Stuff changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Personal Stuff or computer or mobile device used to access the FOODBOSS Newsletter), you must promptly change your Personal Stuff that is affected and notify us via the Contact Us page. If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number. Remember that standard text message and data rates apply and that not all carriers are covered. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
You may only use Our Website to search for legitimate food orders and you may not use Our Website to make any false, fraudulent food order. You agree not to use Our Website for any purpose that is unlawful, illegal or forbidden by these Terms, and if you are lucky enough to be visiting Our Website from London, Paris, Mumbai, Barcelona or any other fabulous destination, that includes any local laws that might apply to you. We're running Our Website in the United States, so remember that by using Our Website, we need you to agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of FOODBOSS:
(i) access the Good Stuff with any manual or automated process for any purpose other than your personal use or for inclusion of FOODBOSS pages in a search index;
(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(iii) deep-link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
(vii) post or distribute any material on Our Website that violates the rights of any third party;
(viii) use Our Website to collect or store personal data about others;
(ix) use Our Website for any commercial purpose unless we've given you written permission; or
(x) transmit any ad or promo materials on Our Website.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.
3. What happens to the information and ideas you share with us
When you provide us with Your Sign Up Info, you authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of Your Sign Up Info on the FOODBOSS Newsletter. By providing Your Sign Up Info and/or Feedback (as defined below), you give us, and you represent and warrant that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute Your Sign Up Info and Feedback for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, Your Sign Up Info and Feedback. For example, we may aggregate and use information from online food delivery companies transmitted or otherwise submitted by you and other users, as well as through the use of cookies, to improve our ability to provide the FOODBOSS Newsletter. Also, we may use information from online food delivery companies transmitted or otherwise submitted by you to send you target email marketing messages (unless you choose not to receive email marketing messages from us).
You may remove your Sign Up Info from the FOODBOSS Newsletter at any time, but the license that you have granted will remain in effect.
If you provide us with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports or any similar or related information ("Feedback"), you agree that: (a) we own the Feedback and any intellectual property rights associated with the Feedback; (b) we can use and share the Feedback without your consent; (c) we do not have to pay you for the Feedback; and (d) we may already be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit Feedback to us.
You understand that we do no control, and we are not responsible to review your Feedback. However, we reserve the right to review, edit, or delete any Feedback at any time.
4. If you think we're using your stuff
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website any materials that violate another person's intellectual property rights. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at [email protected]
5. Your Privacy and Location Services
Your use of Our Website, and any information you provide to us while using Our Website, is subject to our Privacy Policy. By using Our Website, you consent to the use of your information as we outlined in our Privacy Policy.
6. Warning: we're going to have to get boring... warranty disclaimer
Our Website, all content and services provided on Our Website are provided on an "as is" and "as available" basis. FOODBOSS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. FOODBOSS makes no warranty, and expressly disclaims any obligation, that: (a) Our Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of Our Website or any services offered through the site, will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
7. Still boring... limitation of liability (but still important!)
We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to Our Website, (b) your downloading of any content from Our (c) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website; (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for finding or ordering); or (iii) the performance or non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
8. Protecting Us
Subject to these terms and conditions, you will defend, indemnify and hold us and the Other Services, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference and, your use of or access to Our Website or the Good Stuff.
9. The Other Servicess
FOODBOSS's display on or through the website of food delivery options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of FOODBOSS by any such Other Services or any affiliation between any such Other Services and FOODBOSS. FOODBOSS's display of specific options does not suggest a recommendation by FOODBOSS of the Other Servicess or their food options. You agree that FOODBOSS is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Other Services. Your interaction with any Other Service accessed through Our Website is at your own risk, and FOODBOSS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Other Services or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Other Services.
Furthermore, through Our Website you may obtain from us the FOODBOSS Newsletter, which may contain links to other Websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.
You agree to abide by the terms or conditions of purchases imposed by any Other Service with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms or conditions of purchases imposed by any Other Service with whom you elect to deal with, including terms or conditions of purchases set forth in a food delivery companies privacy policy and terms and conditions.
10. Hacker Fare
In the case of a Hacker Fare, Our Website looks for restaurants that deliver by comparing different online delivery companies. Because two companies will be issued, different rules and may apply for each company policies (for example, delivery fees, taxes, and order minimums). You are responsible for complying with each food delivery companies terms and conditions, which may differ (for example, delivery fees, taxes, and delivery estimates). Please carefully review the details of each food delivery company’s contract before ordering, and ensure that you complete the ordering requirements for delivery.
11. Everything else but the kitchen sink
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice on Our Website. Your continued use of Our Website, including any use of the FOODBOSS Newsletter, following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website, including any use of the FOODBOSS Newsletter, in any way, your only recourse is to immediately terminate use of Our Website. Other terms and conditions may apply to your searches, selections and orders of food delivery through Our Website, the Other Services' websites, and to your use of other portions of Our Website, including the FOODBOSS Newsletter. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, including the FOODBOSS Newsletter, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. The laws of the State of Delaware (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, including the FOODBOSS Newsletter, or these Terms, you agree to file such action only in the state and federal courts located in Delaware (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
12. We want to hear from you
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future FOODBOSS programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of FOODBOSS.