NOTE: SECTIONS 17 AND 18 BELOW CONTAIN A MANDATORY ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS AND RIGHT TO JURY. BY AGREEING TO THESE TERMS, YOU AGREE TO AND ARE BOUND BY THESE PROVISIONS.About EatStreet:
EatStreet serves as a marketplace and delivery service, connecting hungry diners with local restaurants. We use a network of independent third-party contractors who provide food preparation and delivery services. We are not a restaurant or food preparation entity.
The restaurants ("Restaurants") and third-party delivery service providers ("DSPs") available on our Sites operate independently of EatStreet. We do not assess the suitability, legality or ability of any restaurant or independent delivery service provider. EatStreet is not liable or responsible for the restaurants' food preparation or safety, and we do not verify their compliance with applicable laws or regulations. Furthermore, EatStreet does not guarantee the quality of the food or services the Restaurants provide and sell through our Sites.
In addition, EatStreet is not liable or responsible for delivery services provided by, errors, or misrepresentations made by any independent delivery service providers.
1. Order Payment: You agree to pay all prices/fees/taxes you incur by using our Site or Services. We do not assume any liability for the actions or products of any Restaurants, DSPs, or other third-parties taking part in the production or delivery of your order. If you choose cash as your method of payment, you agree to pay the Restaurant in the form of U.S. dollars at the time of delivery. By choosing the credit card option, you represent and agree that you are authorized to use the credit card number you provide. You must include all information we request, and it must be valid and must enable us to obtain payment from you (e.g. valid credit card information). EatStreet may seek pre-authorization of your credit card for verification purposes. If EatStreet does not receive payment from your credit card company, you agree to pay the amount due by other means when EatStreet requests it. The charges listed on the website may be different than the final purchase charges.
2. Return and Delivery Policy: If an order is not correct, please contact the Restaurant immediately to let them know of the mistake. If you are unsatisfied with your order, please email EatStreet via email at: email@example.com. Please include all information, including order number and Restaurant name. All sales are final unless we determine, in our sole discretion, otherwise. If this occurs, EatStreet may issue credit towards a future purchase from us. No cash refunds will be issued. All issues relating to an order must be reported to EatStreet within 24 hours after the order is placed in order to be considered for any credit from EatStreet.
3. Responsibility of Restaurant or DPS. The Restaurant or DPS is responsible for delivering any food or orders to you. The risk of loss transfers to you upon our delivery of the appropriate information to the DPS; you must file any claims directly with the Restaurant or DPS. EatStreet is not responsible for any issues that may arise during the delivery process including orders that are not delivered. If an issue with your order arises, please contact the Restaurant immediately.
4. Ownership of the Site; Restrictions on Use. With the exception of User Content (defined below), all pages and content within the Site and any material made available for download are the property of or licensed to EatStreet. The Sites and all content are protected by United States and international copyright and trademark laws. The contents of the Sites, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Sites ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by EatStreet, including the provision of services or products to EatStreet, or in connection with a business relationship with EatStreet. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of EatStreet without our express written consent. You may not use automated systems (e.g., robots, spiders, etc.) to access the Sites. You agree not to collect personally identifiable information of other users of the Sites or to sell or otherwise exploit that information. You agree not to use the Sites in any manner that could damage, disable, overburden or impair the Sites.
6. EatStreet is intended for users who are 13 years of age or older. If you are under the age of 13, you are not authorized to use or submit any personal information to EatStreet. If you are a minor between the ages of 13 and 17, you must have the permission of and direct supervision of a parent or legal guardian to use EatStreet.
8. User-Submitted Content. EatStreet may provide you with interactive features and opportunities that allow you to submit content on our Sites, through communications with you such as, without limitation, email or text ("SMS"), or otherwise in connection with your use of our services. User Content includes, without limitation, feedback, user ratings, user reviews, images, comments, or user profiles ("Your Content" or "User Content").
9. Consent to Electronic Communications with EatStreet. By creating an EatStreet account, you agree to accept and receive communications and documents from EatStreet electronically including those that are legally required to be delivered to you in writing. By creating an EatStreet account, you also demonstrate that you have access to an internet connection or mobile device and have the ability to access and download or view documents as necessary. You may withdraw your consent to receiving documents electronically by contacting us at the email address below.
10. Accuracy and Integrity of Information. Although EatStreet attempts to ensure the integrity and accurateness of the Sites, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Sites and Content thereon. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Sites by third parties. Information contained on the Sites may be changed or updated without notice. Additionally, EatStreet shall have no responsibility or liability for information or Content posted to the Sites from any non-EatStreet affiliated third parties.
12. Disclaimer of Warranties. EATSTREET DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THESE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. EATSTREET SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. EATSTREET DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITES.
13. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITES AND HYPERLINKED WEBSITES. EATSTREET DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT EATSTREET SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND OF THE INTERNET.
14. Limitation of Liability Regarding Use of Site. EATSTREET AND ITS AFFILIATES, VENDORS, LICENSORS, DEALERS, AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
You agree that all claims or disputes arising out of the Agreement will be decided by an arbitrator through arbitration and not by a judge or jury ("Arbitration Agreement"). This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA") and evidences a transaction involving commerce. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), which are available at www.adr.org. The arbitrator's fees and the costs will be shared equally by the parties, unless prohibited by law. Parties are responsible for their own attorneys' fees. The arbitration proceeding will take place in Madison, Wisconsin, unless otherwise agreed. A court of competent jurisdiction will have the authority to enter judgment on the arbitrator's decision and award. You and we agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything herein and/or the applicable AAA Rules, the interpretation, applicability or enforceability of the Class Action Waiver and/or the arbitrability of a claim or dispute may only be determined by an arbitrator. The following claims are excluded from this Arbitration Agreement: (a) claims in small claims court; (b) claims to enforce or to prevent the actual or threatened violation of a party's intellectual property rights; (c) claims for temporary relief in connection with an arbitrable controversy; and (d) claims that are non-arbitrable per the applicable federal statute.
16. Jury Waiver. You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
17. Links to Other Sites. EatStreet makes no representations whatsoever about any other website that you may access through this Site. When you access a non-EatStreet site, please understand that it is independent from EatStreet, and that EatStreet has no control over that website or its content. In addition, a hyperlink to a non-EatStreet website does not mean that EatStreet endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to these Sites, you do this entirely at your own risk.
19. Copyright. The use of a trademark or trade name registered by EatStreet is strictly prohibited. EatStreet respects the intellectual property rights of others, and requires our users do the same. If you believe your copyright or other rights have been infringed, please submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by providing the following information to EatStreet's Designated Agent who can be reached at firstname.lastname@example.org:
24. Contact Information. You may contact us about any questions you have relating to these Terms at:
316 W. Washington Ave. Suite 725
Madison, WI 53703
Effective Date: November 25, 2019