TERMS AND CONDITIONSBy accessing and/or using this website, you are consenting to be bound by this User Agreement (“Agreement”). If you do not accept all of the terms and conditions contained in this Agreement, please do not use this website or service. We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will not sell your personally identifiable information to anyone. Please be advised that our country of origin is United States.
1. Changes to the Service.EatStreet, Inc. (“EatStreet,” and collectively with Patronpath, the “Company”) purchased all of the assets of Patronpath. The Company and this website reserve the right to change the terms, conditions, and services at any time, which will be effective when posted on the site or when you are notified by other means. If you do not wish to be bound by such change, your sole recourse shall be to discontinue using and terminate your use of the services. Your continued use of the services after a change becomes effective, indicates your agreement to the change. The Company and the website shall have no liability to you for any modification or discontinuation of the services.
2. Use of Service.You acknowledge and agree that you will use the website and the service as it is intended to be used, and will not in any way attempt to disrupt or interfere with the service. You also acknowledge that upon your use of the service, you may be the recipient of certain retargeting ads for EatStreet across various social media platforms including Facebook, Twitter and other various applications, and other search and Google display methods. You may also receive emails from EatStreet regarding its services and offerings.
3. Payment and Refund Policy.You agree that for each order you place through the service, you will be responsible for payment for the full cost of your order. Payment shall be made by those methods as made available and accepted by the restaurant. The Company is not responsible for full or partial refunds on purchases made through the service or related order fulfillment charges. The restaurant receiving the order has sole responsibility for responding to and resolving customer requests for refunds or credits. Please contact the restaurant directly for any issues regarding payments and refunds.
4. How Do We Protect the Security of Your Information?Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions.
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We use encryption to protect your information contained in our customer list.
- We use a firewall to protect against unlawful intrusion.
- We limit access to your information on a “need to know” basis.
- We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we securely transmit the entire credit card number to the appropriate credit card company during order processing.
- It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
- No system can guarantee absolute security, just as the finest lock cannot guarantee physical security. However, we take every reasonable precaution to assure that your data is secure.
- Credit card information is treated with the utmost security and we follow industry security guidelines including PCIDSS and OWASP security standards.
5. Disclaimer.YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NONINFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. THE COMPANY AND THE WEBSITE DO NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN RISK. THE COMPANY AND THE WEBSITE MAKE NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICE.
6. Indemnity; Limitation of Liability.You agree to indemnify, defend and hold the website, the Company and its agents, employees, representatives, licensors, affiliates, officers, directors, successors, contractors, services providers, licensors and affiliates (each, an "Indemnified Party"), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable attorneys' fees incurred in connection with such claims) resulting or arising from any thirdparty claim in connection with (a) your use of or access to the service, (b) your violation of this Agreement, (c) any information you (or anyone accessing the services using your password) submit or transmit through the services, (d) your violation of any rights of any third party, or (e) any viruses, spyware, trojan horses, or other similar harmful or deleterious programming routines input by you into the services. IN NO EVENT WILL THE COMPANY OR ANY OTHER INDEMNIFIED PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION OR WHETHER THE COMPANY OR ANY OTHER INDEMNIFIED PARTY KNEW OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES IN ANY CIRCUMSTANCES. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE RISK ALLOCATION SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF THE COMPANY OR ANY OTHER INDEMNIFIED PARTY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS IS LIMITED TO FIFTY DOLLARS ($50.00).
8. Intellectual Property; Proprietary Rights.The Company and its licensors own copyrighted and/or proprietary subject matter that is contained in the website and the services. All such material is protected by intellectual property laws, including copyright, trademark, patent and/or trade secret laws. This material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without the prior written permission of each applicable rights licensor. Any feedback, comments and suggestions you may provide for improvements to the service ("Feedback") is given voluntarily and the Company will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind.
9. Termination.The Company and the website reserve the right, in their sole discretion, to change, restrict, suspend, or terminate this Agreement and your access to all or any part of the website and service, at any time and for any reason without prior notice or liability. Upon any termination of the service or Agreement, your right to access and use the service will automatically terminate, and you may not continue to access or use the service. The Company and the website will have no liability for any costs, losses, damages, or liabilities arising out of or related to the Company's or the website’s termination of this agreement. The Company and the website reserve the right to change, suspend, or discontinue all or any part of the service at any time without prior notice or liability.
10. Governing Law.This Agreement shall be interpreted and construed in accordance with the laws of the State of Indiana, without regard to the conflicts of laws principles thereof. You irrevocably submit to the jurisdiction of any state or federal court sitting in Indianapolis, Indiana, in any action or proceeding arising out of, or relating to, this Agreement and acknowledge and agree that all claims in respect of the action or proceeding may be heard and determined in any such court. You also agree not to bring any action or proceeding arising out of, or relating to, this Agreement in any other court. You waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this Agreement is found by a court having competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the enforceable provisions of this Agreement shall remain in full force and effect. The Company’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.
Effective Date: October 7, 2016. Effective in United States