1.What FoodTruckWebsite.com Owns
All material and services available on the Site, and all material and services provided by or through FoodTruckWebsite.com, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Services”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws. All FoodTruckWebsite.com trademarks and service marks, logos, slogans, and taglines are the property of FoodTruckWebsite.com. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on FoodTruckWebsite.com without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
2.Rights to Use What FoodTruckWebsite.com Owns
Subject to this Agreement, FoodTruckWebsite.com hereby grants you a limited, revocable, non-transferable, and non-exclusive license to use the Services through a user identification reference provided by FoodTruckWebsite.com (“User ID”) to the extent, and only to the extent, necessary to access and use the Site in accordance with the terms of this Agreement. The license granted herein does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Services or otherwise distribute in any way the Services other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services, create derivative works based on or in any manner commercially exploit the Services, in whole or in part other than as expressly permitted in this Agreement. Any use of the Services for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Services and is expressly prohibited. You further agree that violations by you, any other person or entity of the terms of this Agreement may be prosecuted to the fullest extent of the law. We reserve all rights not expressly granted in this Agreement.
We will provide you User IDs each permitting access to the Services through one person and one computer at a time through the User accounts you create on the Site. You agree to fully and accurately provide the information requested by us when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services. You further agree (a) not to provide User IDs to anyone who is not your employee, and (b) to ensure all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
3.What You Provide to Us
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) uploaded, posted, or stored through your use of the Services. While you will retain ownership of the Content you provide to the Site, you will grant FoodTruckWebsite.com certain rights to host and use your Content as described in the following sentence. You grant FoodTruckWebsite.com a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information, and disclosure. You hereby represent and warrant that you will not use the Services to share, store, or in any way distribute personal or financial data that is not in accordance with the law. Any Users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. FoodTruckWebsite.com is not responsible for the Content or data you submit.
4. Copyright Infringement and DMCA Policy.
As FoodTruckWebsite.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FoodTruckWebsite.com.com violates your copyright, you are encouraged to notify FoodTruckWebsite.com in accordance with Digital Millennium Copyright Act. FoodTruckWebsite.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FoodTruckWebsite.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FoodTruckWebsite.com or others. In the case of such termination, FoodTruckWebsite.com will have no obligation to provide a refund of any amounts previously paid to FoodTruckWebsite.com.
5. Intellectual Property.
This Agreement does not transfer from FoodTruckWebsite.com to you any FoodTruckWebsite.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FoodTruckWebsite.com. FoodTruckWebsite.com, FoodTruckWebsite.com.com, the FoodTruckWebsite.com.com logo, and all other trademarks, service marks, graphics and logos used in connection with FoodTruckWebsite.com.com, or the Website are owned by FoodTruckWebsite.com. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FoodTruckWebsite.com or third-party trademarks.
FoodTruckWebsite.com reserves the right to display a link to FoodTruckWebsite.com.com in the bottom right-hand corner of your website.
7.1. FoodTruckWebsite.com does not allow any of the following content, or links to such content, to be published on the Service:
Users posting any of the above content on their sites will be notified using the User’s current email address on file in the User’s account, and may be given a 48 hour grace period to make any corrective actions. FoodTruckWebsite.com may suspend the services of the member account until a resolution is met between FoodTruckWebsite.com, Inc. and the User. Repeated violations of this Policy may cause cancellation of service without the refund of any fees.
7.2. By accepting these Terms of Service and using FoodTruckWebsite.com, FoodTruckWebsite.com Users agree to all of the following:
7.3. You must also further agree to make the following commitments relating to the registering and maintaining the security of their accounts.
FoodTruckWebsite.com may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking which such information being stored to identify the offending use. Offending users may be permanently restricted from holding an account on the Service.
If you purchase any services that we offer for a fee, you agree to FoodTruckWebsite.com storing your payment card information. You also acknowledge that the Services are subject to this Agreement and any additional terms related to the provision of the Agreement. You further agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.
The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased. FoodTruckWebsite.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Services.
11.ERRORS AND ACCESS TO SITE
YOU ARE RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING, AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. FOODTRUCKWEBSITE.COM WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT FOODTRUCKWEBSITE.COM MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
12.Links to Third Party Websites; No Implied Endorsement
The Site may contain links to other websites owned by third parties. Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
13.DISCLAIMER OF WARRANTY
ACCESS TO THE SERVICES AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOODTRUCKWEBSITE.COM AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER FOODTRUCKWEBSITE.COM NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES FOODTRUCKWEBSITE.COM OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES, THE CONTENT, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON THE CONTENT, SERVICES, MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK. IN ADDITION, FOODTRUCKWEBSITE.COM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
FURTHER, FOODTRUCKWEBSITE.COM AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT FOODTRUCKWEBSITE.COM OR THE CONTENT OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER FOODTRUCKWEBSITE.COM NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
14.LIMITATION OF LIABILITY
WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF FOODTRUCKWEBSITE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE FOODTRUCKWEBSITE.COM AND HOLD FOODTRUCKWEBSITE.COM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES,OR THE TECHNOLOGY AVAILABLE ON OR THROUGHTHE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES OR THE TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL FOODTRUCKWEBSITE.COM, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE CONTENT, THE SERVICES OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, ANY INFRINGEMENT BY THE CONTENT OR MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, THE SERVICES, OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, FoodTruckWebsite.com has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services.
You agree to indemnify, hold harmless, and defend FoodTruckWebsite.com and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to the use of the Services through your account or any of the Content, or technology available on or through the Site, or any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of California without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Los Angeles, California, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to FoodTruckWebsite.com as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that FoodTruckWebsite.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by FoodTruckWebsite.com in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of FoodTruckWebsite.com, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
23. BETA Test Warning
Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.